Question: Which type of law deals with offenses against the state?

A.  Tort Law

B.  Criminal Law

C.  Contract Law

D.  Civil Law

Correct Answer:  B

Explanation: 

A. Tort Law
Tort law is a specific branch of Civil Law that deals with civil "wrongs" that result in injury or harm.

The Goal: The primary objective of a tort claim is to seek restitution or monetary compensation for the victim.

Examples in Security: If a company’s gross negligence leads to a data breach and individuals sue for damages, they are often operating within the realm of tort law. It is a dispute between private parties, not a prosecution by the government.

B. Criminal Law
Criminal law is the body of law that defines conduct prohibited by the government because it threatens and harms public safety and welfare.

The "Victim": In criminal law, the offense is viewed as being committed against the state or society as a whole, even if a specific individual was targeted. This is why cases are titled "The People vs. [Defendant]" or "The State vs. [Defendant]."

The Burden of Proof: For the CISSP exam, remember that criminal law requires a high burden of proof: "Beyond a reasonable doubt."

Consequences: Unlike civil law, criminal law can lead to the loss of liberty (imprisonment) or even the loss of life (capital punishment) in addition to fines.

C. Contract Law
Contract law is another subset of Civil Law that governs legally binding agreements between two or more parties.

Nature of the Dispute: It focuses on the "meeting of the minds" and the fulfillment of promises. If one party fails to deliver services (like a Cloud Service Provider failing to meet an SLA), this is a "breach of contract."

Irrelevance to the State: While the state provides the court system to resolve these disputes, the state is not the "injured party" in a contract dispute unless the state itself was a party to that contract.

D. Civil Law
Civil law (specifically in Common Law jurisdictions like the US and UK) acts as the umbrella for disputes between individuals or organizations.

Standard of Proof: The burden of proof is much lower than in criminal law, usually requiring only a "preponderance of evidence" (more likely than not).

The Focus: It is concerned with private rights and remedies. While criminal law punishes the offender to deter future crime and maintain order, civil law focuses on making the victim "whole" again through financial awards or specific performance.

Key Takeaway for the CISSP Exam
Legal Summary: > * Criminal Law: Prosecution by the state; proof "beyond a reasonable doubt"; results in prison/fines.

Civil Law: Disputes between private parties; proof "preponderance of evidence"; results in financial restitution (Torts and Contracts fall under this).

Administrative/Regulatory Law: Deals with government agencies (like the SEC or FCC) and their rules.