1. Introduction to Law

Question 1

Why study the law?

Answer 1

The law has an impact on some or all of the common activities in any industry

Question 2

What is the law?

Answer 2

A system of rules affecting the lives and activities of people

Question 3

Definition of Law

Answer 3

“The body of rules recognised and applied by the State in the administration of justice”

Question 4

What are the 2 classifications of law?

Answer 4

1. Criminal Law
   - Deals with the wrong doings that will be punished by the State
   - The State will prosecute such acts. The wrongdoer, if found guilty, will be punished
   - Main purpose is to punish the offender
   - Public
2. Civil Law
   - Focuses on the rights and duties between individuals
   - Main purpose is to compensate the injured party
   - Private

Question 5

What are the 2 main sources of law?

Answer 5

1. Legislation
   - Laws made by the Parliament or a person/body authorised by the Parliament.
2. Common Law
   - Where relevant legislation exists, a judge must apply legislation to the case he has to decide in order to arrive at a decision

Question 6

What is the Doctrine of Precedence?

Answer 6

• A judge has to look at previous similar cases (precedents) to arrive at a decision
• Precendents form the “Common Law”

Question 7

What are the 4 steps in the making of a new legislation?

Answer 7

1. Goverment decides it wishes a law to be passed.
2. Bill is drafted by the Attorney General’s Chambers’ Draftsmen
3. Bill goes through 3 readings:
   (i) MP introduces the Bill (1st)
   (ii) MPs debate on the Bill (2nd)
   (iii) MPs vote on the Bill (3rd)
4. President assents to the Bill

Question 8

What are the differences between Legislation (Act of Parliament) and Subordinate Legislation?

Answer 8

1. Legislation (Act of Parliament) is a law made by the Parliament, whereas Subordinate Legislation is made by the Minister of persons/body authorised by the Parliament.
2. While Legislation sets out the broad principles of laws and policy, subordinate legislation sets out the administrative and operational details to be carried out under the act.

Question 9

In a conflict between judicial precedent (case law) and a Statute, which will prevail?

Answer 9

The Statute will prevail

Question 10

What are the 2 chambers of the Singapore Court system?

Answer 10

1. Supreme Court of Singapore
   (i) Court of Appeal
   (ii) High Court
2. State Courts
   (i) District Courts
   (ii) Magistrate Courts
   (iii) Family Justice Courts
   (iV) Small Claims Tribunal

Question 11

What is the nature and jurisdiction of the Court of Appeal?

Answer 11

1. Makes up the upper chamber of the Supreme Court
2. Only has appellate jurisdiction
3. Has the power to hear both civil and criminal cases

Question 12

What is the nature and jurisdiction of the High Court?

Answer 12

1. Makes up the lower chamber of the Supreme Court
2. Has both original and appellate jurisdiction
3. Has the power to hear both civil and criminal cases
4. Deals with matters involving claims above $250,000

Question 13

What is the nature and jurisdiction of the District Courts?

Answer 13

1. Has the power to hear both civil and criminal cases
2. Deals with civil cases involving claims of more that $60,000 but less than $250,000

Question 14

What is the nature and jurisdiction of the Magistrate Courts?

Answer 14

1. Has the power to hear both civil and criminal cases
2. Deals with civil cases involving claims that do not exceed $60,000

Question 15

What is the nature and jurisdiction of the Family Justice Courts?

Answer 15

1. Comprises the Family Courts, Youth Courts (below 16), and Family Division of the High Court (appeals only)
2. Hears all proceeding involving matters pertaining to the family (e.g. divorce, guardianship, adoption)

Question 16

What is the nature and jurisdiction of the Small Claims Tribunals?

(Hint: 5 Jurisdiction, 5 Rules)

Answer 16

Jurisdiction:
1. Sale or purchase of goods
2. Provision of services
3. damage to property (excluding motor vehicle accidents, neighbours)
4. Contracts relating to the lease of a residential property (< 2 years)

Rules:
- All claims must be filed within 2 years of the cause of action
- Claim cannot exceed $20,000, unless consented by both parties (limit $30,000)
- No lawyers allowed
- Case decided by independent 3rd party “referee”
- Can still file if claim exceeds $20,000, but has to limit claim to $20,000

Question 17

How can parties choose to settle their disputes?

Answer 17

They can choose to:
1. Litigate (sue)
2. Alternative Dispute Resolution (ADR) Method

Question 18

What are the features of litigation?
(7 Steps)

Answer 18

Process of suing in Court.

Rules:
1. Must sue within specified time of 6 years from the date of breach
2. Plaintiff must prove the case on a balance of probabilities (Defendant has “burden of proof”)
3. Must obtain cost advice on how much to sue
4. Documents have to be filed stating the plaintiff’s claim and defendant’s defence.
5. Date of hearing is fixed
6. Lawyers examine and cross examine the facts
7. Judge delivers judgement in favour of plaintiff or dismiss the case. If plaintiff wins, defendant will be ordered to compensate the plaintiff.

Question 19

What can the plaintiff do if the defendent refuses to compensate after losing the case in litigation?
(3 Ways)

Answer 19

Plaintiff can enforce judgement by:
1. Seizing the defendants property
2. Ganishing (freezing) the money in the defendant’s bank account
3. File bankruptcy application against the defendant if amount due is at least $15,000.

Question 20

What is Court Dispute Resolution (CDR)?
(3 Features, 5 Steps)

Answer 20

• Alternative to litigation that parties can rely on to settle civil disputes
• Convenient and provided FOC by the State
• “Win-Win” situation through cooperation, mediation, and negotiation

Process:
1. After filing claims, disputing parties (or their lawyers) can write in to the Primary Dispute Resolution Centre.
2. There will then be a settlement conference which will be presided by a Settlement Judge
3. Settlement Judge will manage discussion but decision making to the parties themselves.
4. Once settled, case terms are recorded by the Settlement Judge under a settlement agreement or consent order
5. Plaintiff will file Notice of Discontinuance to discontinue the action once the terms of settlement is carried out.

Question 21

What are the features of Mediation and Arbitration
(3 Features each)

Answer 21

1. Mediation
   (i) Aimed at reaching an amicable settlement (mutually acceptable solution, “Win-Win”)
   (ii) Private process and not reported.
   (iii) Parties appoint a third-party mediator by mutual consent to help them reach an agreement to the solution
2. Arbitration
   (i) Results in an arbitration award (compensation, “Win-Lose”)
   (ii) Private process
   (iii) Parties agree to select a third party to resolve their dispute

Question 22

What’s the difference between CDR and ADR?

Answer 22

• Discussions during ADR sessions remain private and confidential, whereas court hearings (CDR) are usually open to the public
• CDR allows representation by lawyers, ADR does not