Advanced Software Engineering ( Spring 2015 )

Civil law is a system of law conerned with private relations between members of a community rather than criminal, military, or religious ethics. Criminal law is a system of law concerned with the punishment of those who committed the crimes. I believe in the Good Samaritan Case it is both a criminal and civil case. The case is criminal and civil case. The case is criminal because Broitzman and Larson where both charged for the crimes they committed. This case is also a civil law case because being a nursing home the actions of the girls charged also effected the community in more than just a criminal way. The

Criminal law pertains to a crime or an act against the public rather than one individual. The government will bring legal action against the person for committing a crime. If the person is found guilty, the defendant may have to pay some type of a fine, serve time in jail, or be placed on probation (msbar.org). A civil case is a dispute between two people, or parties, on a certain issue. One party can sue the other, and it is then up to a jury to determine if there is liability. The court may order the guilty party to pay money to the other party or to fulfill an obligation.

The civil legal system is one in which plaintiff feels that they have been wronged in someway and seek compensation and not punishment through a civil suit. This usually happens in the form of property or monetary damages. In these cases civil law governs relationship between and among people, business, organizations, and governmental entities. For example the case of Rodriguez v. Firestone (2001) civil law contained the rules for the manufacturing and sales of consumer goods with hidden hazards for the user.

A Civil court is as the name implies a court system based on disputes between average citizens which are far different from a criminal court where you are dealing with convicts. Just like a criminal court, a civil court also has a set of procedures listed by the judicial system in 1937 with over 86 different rules. Civil cases usually involve disputes between people or organizations. The court case Fenton v. Dudley in 2014. Fenton V. Dudley is “A lawsuit against lawyers who had filed a Fair Housing Act lawsuit against the plaintiff, which is the person who filed the lawsuit, and it later made its way from federal court to state court” (“Civil Rights -- federal court jurisdiction”). Both Civil and Criminal court both have the privilege of a trial by jury, depending on the circumstance.

Criminal Law is largely statutory, and it covers certain kinds of crimes, such as murder, robbery, rape, fraud and extortion. In criminal cases, the state prosecutes the offender not the victim. There is three kinds of offenses and they are petty offenses, such as traffic violations, and they are usually punishable by a fine. Misdemeanors where you are charged a larger fine, and then you have the major offenses. They are felonies, which were mentioned earlier, those cases can be heard and prosecuted by the state or the Federal government, and they are usually punished by imprisonment. One example is the case of the OJ Simpson case, he was tried in Criminal court but he was found not guilty of Murder.

Legal and ethical issues in computing are not as straight forward as one expects, these two comprehensive concepts can be divided into many sub-sections such as computer Ethics which is a moral standard used as a guideline for computer users, Code of ethics is a guideline in ICT, intellectual property is the own work that is created by individuals, privacy refers to the rights that individual and companies have and how their data is collected and restricted to outside sources, computer crime is an illegal act that involves computers and finally cyber law which is laws that are related to helping protect the internet and other online communication.

A recent article published in the Journal of Internet Law (2016) underscores the lack of consensus about both the law’s reach and the dangers it may pose international companies. In it, Hugh McCarthy highlights the fact that conflicts of law exist between nations, and that the interconnected nature of many of our technologies pose novel problems to the way companies can operate. He writes, “If one jurisdiction, such as the United Kingdom, introduces an anti-encryption law for the purpose of providing law enforcement with the capability to access all forms of electronic communications, it will be severely limited if such data is located outside the jurisdiction” (McCarthy 33).

Criminal law – This Law is widely statutory and covers a particular category of wrong that is considered social evils and threats to the community. Here the crime is against state regulations. Criminal Law is divided into three categories which are:

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.

The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided.

Third, the Pegasus FVEY internet rule of law document needs to be produced. Document should initially focus on accountability. Cyber crime violations will be coordinated and executed in two categories’; state and non-state actor cyber crimes. First, state sponsored cyber crimes will fall under the legal jurisdiction of the attacked and attacker FVEY nation. Political, economic, and sovereign sensitivities must be respected. Non-state actors will legally fall under affected FVEY Justice Departments for prosecution, coordination, and extradition back to home country.

The purpose of civil law is to “deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim,” (“Civil Law vs Criminal Law.”, 2012). Civil law applies when there is a dispute between private parties, and the government is not involved. The lack of government involvement also leads to easier negotiations. Civil cases can be much more flexible since there is typically no law being broken and thus, no legal actions have to be taken. The less rigid civil law cases also generally allow them to be settled quickly and without controversy. According to the Bureau of Justice Statistics, more than half of general civil trials conclude in state courts, meaning they are able to reach an agreement and do not have to continue spending unnecessary time and money on the case (“Civil Justice.”, 2017).

　　Substantive Criminal Law is the branch of law that defines crimes, as well as their punishments, and involves mental and physical elements of crime, criminal defenses and crime categories. Substantive Criminal Law also refers to a set of rules that determine the rights and obligations of individuals. Procedural law is the body of legal rules that govern the process for determining the rights of parties.

Cyber Law was the first step taken by the government against the cyber-crime. According to this law if any one tries to destroy, alters or delete any data or damage it without any permission of the owner of the computer, shall be punishable offense. Similarly if any corporate body is maintaining or protecting data of the person or company and if any negligent act or failure found in protecting the data shall be liable to pay

In accordance with many decades of cyber evolution, a cybercrime is shown in different ranges of crimes, which depend on the spread of technology and law. From the introduction of computer in the 1960s to the rise of personal computer in 1980s, cybercrime began to appear. The crimes can vary from piracy of software to patent-related crimes. This caused a surge in the introduction of relevant legislation in many countries and international organizations involved. In late 1990s, when Internet and transnational crimes were born, the international community cooperated in many instances such as the passing of the UN General Assembly Resolution 45/121 in 1990 and the manual for the prevention and control of computer-related crimes issued in 1994. Despite all the