Advanced Software Engineering Spring 2015

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

About.com. N.p., n.d. Web. 22 Aug. 2011. . In the year 2008 there were 426,000 computer programmers employed. Computer programmers write the program the computer uses to function. The computer programmer follows the specifications given to them by the computer software engineer. Specialized knowledge and experience with a language or operating system could lead to a computer programmer becoming a computer software engineer. Programming skills and programming experience is highly valued in this field. Computer programmers must constantly update their skills to keep up with changing technology. According to the U.S. Bureau of Labor Statistics predicts, Employment of computer programmers, is expected to decline slowly through 2018.

Before we get to know what the differences between civil and criminal law we have to understand what each of them

Civil law is also known as private law. It sets out the rules governing relationships between people. Examples of civil law are the law of persons, family law, commercial law, rent law and employment law.

Civil law is defined as the body of law of a state or nation governing the behavior of individuals

Legislators and administrators in civil law nations utilize these conventions to form a code by which all lawful controversies are chosen. In the United States, the term civil law has two definitions. One definition of civil law refers to a lawful system prevalent in Europe that depends on composed codes. Civil law in this meaning is appeared differently in relation to the common-law system utilized as a part of England and a large portion of the United States, which depends on earlier case law to determine disputes as opposed to composed codes. The second significance of civil law refers to the assortment of laws administering disputes between people, rather than those overseeing offenses that are public and identify with the government.

According to Melvin 2011, criminal law defines the boundaries of behavior and sanctions for violating those boundaries. It involves the prosecution of an individual who has committed a criminal act (Melvin, 2011). This individual is prosecuted by the government. The prosecution process for someone who has committed a crime is often times confused with the carrying out of a civil case. However, the two differ in a few ways. A civil case consists of the victim brining the suit to court. A criminal takes place when the state initiates the suit through a prosecutor (Criminal Law, An Overview). Those who are convicted of a crime may be incarcerated, fined, or both, yet those found accountable in a civil case may only have to give up property or pay out money, but will not be incarcerated.

The civil law is a branch of private law governing relations between people, whether individuals or legal entities (Sacco, 1991, p.25).

Explain the 4 areas of cyber law and what they encompass. What is the difference between criminal law, civil law, and administrative law in the area of cyber law? How does Constitutional law differ from the other 3 areas? (200-250 words)

The article then goes on to discuss how dependent society is on cyberspace and how they have become more susceptible to cyberspace threats. It also talks about how dependent society is of the internet, “online banking travel, entertainment, and stock brokerage services” (25). With this increased activity makes the internet an enticing target with more opportunities and weaknesses for cyber crime. Criminals are learning new methods to perform cyber crimes more efficiently and effectively. However, these crimes are not just affecting individuals, businesses also fallen victim to these crimes every day.

Therefore in both cases the extent that the computer is used as a tool or instrument to commit a crime determines the proof of culpability. The actus reus of the computer crime is its content. Relating this to cybercrimes lies in the communication means through which the crime was committed that is; the internet and the connectivity of computers. Therefore the crime committed through the use of the internet connectivity, primarily qualifies the offence as if the offence concerned relates to tangible property. The definition of what constitutes a computer crime varies from country to country. There is no universally accepted definition . In practice the two similar category of crime have been treated as two separate form of crime. Some Commonwealth countries, follow the United Kingdom in legislating new laws to deal with computer crime and existing laws to deal with cybercrime and modifying the existing law to accommodate the ever evolving technological development and appropriate enforcement mechanisms. The modification of existing laws does not always occur at the same rate as the technology that facilitates the crime leading to ‘a lost in translation phenomenon’ making the new law either antiquated or inadequate for the crime for which it was initially modified to deal with.

known just to the sender and the recipient (Olumide & Victor, 2010). Various cryptographic strategies have been created and some of them are still not broke. Digital Ethics and Cyber enactment Laws is another approach to cybercrime problem. Cyber morals and digital laws are likewise being defined to stop digital wrongdoings (Anderson, et al. 2012). It is an obligation of each person to take after digital morals and digital laws so that the expanding digital violations will lessen (Olumide & Victor, 2010). Securities programming like hostile to infections and against spy products ought to be introduced on all PCs, keeping in mind the end goal to stay secure from digital violations. Web access Providers ought to likewise give abnormal state of security at their servers with a specific end goal to keep their customers secure from a wide range of infections and pernicious projects (Salu, 2004).

Cyber Law is the law that regulates the internet. Meaning, laws or a specific law connected to the internet and/ or computer crimes. Two emerging trends and legal issues involving cyber law are E-mail contracts, and cybersquatting. There are many more cyber laws, but we will just discuss these two today.

Criminal law should be distinguished from the civil law. For example, if someone is stealing, then the criminal law will be used to control or manage the thief. Investigations, arrests and indictments will be made in accordance with the criminal law. The offense is controlled by the criminal law because the offense of theft is considered as an offense against society.

When trying to determine whether or not a case is civil or criminal, one can consider the goal of the litigation. A criminal litigation’s goal is to establish culpability and then discipline the party at fault. While punishment can include monetary compensation in a civil case, only a criminal case can result in incarceration or execution. A civil litigation’s goal is to resolve accountability of the defendant and, when accountability is determined to be the defendants, provide compensation to the wronged party. Civil law or action in this sense refers to that body of law dealing with those cases in which an individual or legal entity (such as a corporation, partnership, or even governmental agency) is requesting damages or other relief from another individual or entity. (Moore, 2012, P. 10) The primary difference in the possible outcomes is incarceration. A civil case will not end in incarceration, unless there’s been some