CISSP-ISSMP Question #197: Real Exam Question with Answer & Explanation

Question

Which of the following laws is defined as the Law of Nations or the legal norms that has developed through the customary exchanges between states over time, whether based on diplomacy or aggression?

Options

• ACustomary
• BTort
• CCriminal
• DAdministrative

Explanation

The customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time, whether based on diplomacy or aggression. The customary law is built upon the ideas of personal conduct and tradition of a country. Essentially, legal obligations are believed to arise between states to carry out their affairs consistently with past accepted conduct. These customs can also change based on the acceptance or rejection by states of particular acts. Some principles of customary law have achieved the force of peremptory norms, which cannot be violated or altered except by a norm of comparable strength. These norms are said to gain their strength from universal acceptance, such as the prohibitions against genocide and slavery. Answer option B is incorrect. Tort law is a body of law that deals with civil wrongdoings. The definition of this kind of wrong is usually distinct from a criminal wrong. A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what a legal injury is and what is not. A person may be held liable (responsible to pay) for another's injury caused by them. The major categories of torts are intentional torts, negligent torts, and strict liability torts. Answer option D is incorrect. The administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Answer option C is incorrect. The criminal law, or penal law, is the body of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.

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