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Business Law (Focus Areas) > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

What is the definition of law?

A

The body of rules recognized and applied by the state, in the administration of justice.

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2
Q

Why does the system of rules affect people’s lives and activities?

A

It creates rights and duties between various people.

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3
Q

The same conduct can give rise to _____.

A

Both civil and criminal liability.

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4
Q

What does criminal law deal with?

A

Wrongdoing

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5
Q

Criminal law is punishable by the ____.

A

State

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6
Q

Criminal acts are acts of ______.

A

Disobedience to the State.

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7
Q

Under criminal law, what happens to the wrongdoer?

A

If the wrongdoer is found guilty, he is punished.

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8
Q

What is the first characteristic of criminal law? Explain.

A

Public element- The State is directly involved in enforcing criminal law, to protect the general public.

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9
Q

What does ‘protect the general public’ mean?

A

Conduct is made criminal if it threatens society, its well -being, security and good order

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10
Q

What does ‘enforcement by the State’ mean and why was it designed?

A

The State accepts responsibility for the detention, prosecution and punishment of offenders. It was designed to protect the individual and the community.

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11
Q

What is the second characteristic of criminal law?

A

Punishment

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12
Q

What is the main method of resolving disputes in criminal cases?

A

Criminal litigation

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13
Q

How are offences that are not very serious and more administrative in nature resolved? (Who, What)

A

The accused person may have the option to compound the offence or not compound the offence. The relevant government agency will treat the matter as closed and will NOT bring the matter to Court.

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14
Q

What does compounding the offence mean?

A

Pay an administrative monetary penalty to the relevant government agency within a certain period of time.

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15
Q

How are more serious offences handled at the start? (Who, What)

A

The police arrests the accused. The police investigates and the accused may be detained in custody. After investigating, the police decides whether or not to charge the accused with an offence.

If not charged, the matter ends.

If charged, the case proceeds to Court. When the accused is formally charged with an offence, it marks the beginning of the Criminal Prosecution process. The Court (or judge) makes the final decision on whether the accused is guilty of a crime.

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16
Q

What happens when a criminal case proceeds to Court? (Who, What)

A

The accused may plead guilty or claim trial.

Plead guilty- voluntarily admit at an early stage that he is guilty of the criminal charge against him.

Claim trial- wants the Court to hear both sides of evidence before deciding whether he is guilty.

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17
Q

What happens when the accused pleads guilty?

A

The judge accepts his plea first. The judge enters a criminal conviction (decide he is guilty) against him. The judge passes a sentence (punishment) on him.

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18
Q

What happens when the accused claims trial?

A

A date will be fixed for the Court to hear the case.

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19
Q

What happens during trial (State’s POV)?

A

The state has to present evidence to prove to the Court that the accused committed the crime. They bear the burden of proof. To discharge the burden of proof, they must present credible evidence and witnesses.

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20
Q

What does the ‘burden of proof’ mean?

A

Duty to prove to the Court why they should win the case.

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21
Q

What happens during trial (Accused’s POV)?

A

He will present evidence in his defence.

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22
Q

What happens to the witnesses used in trial?

A

They have their testimonials examined before the Court by one side (Prosecution or Defence) or cross examined (questioned by the other side)

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23
Q

‘Found not guilty’ is aka as ____. What happens then?

A

Acquitted. The accused is set free.

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24
Q

What happens if the accused is NOT acquitted?

A

The Court has to prove beyond a reasonable doubt that the accused has committed the crime first. The Court the enters a criminal conviction (decide he is guilty) against him and sentences (punish) him.

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25
Q

The law imposes a _____ in criminal cases. What does it mean? Why?

A

High standard of proof. Beyond a reasonable doubt. The consequence of the Court finding guilt has serious implications.

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26
Q

A criminal conviction results in a _____.

A

Criminal record

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27
Q

A criminal record may be ______. How?

A

Considered spent after a long time. If the criminal offence was not very serious or if the accused did not involve himself in further criminal activity.

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28
Q

What does civil law focus on?

A

Private rights and duties between individuals or business entities.

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29
Q

What does civil law provide? Why? What happens after?

A

A framework of rules to regulate parties’ relationships with each other. One party or even both parties may breach their legal obligations (duties) to one another.

(1) Resolve or settle dispute in a friendly manner without a third party; or
(2) 1 party decides to bring a legal claim (sue) against the other party in a court of law

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30
Q

What is the main purpose of civil law?

A

To compensate the injured (affected) party.

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31
Q

What is the first characteristic of civil law? Explain.

A

Private element- private dispute between individuals or business entities.

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32
Q

Why is there a private dispute?

A

One party’s acts or omissions negatively affects the other party’s legal rights.

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33
Q

What happens to the affected party? What do they do?

A

The affected party suffers loss or damage. He decides whether to bring a civil lawsuit to court or settle the matter out-of-court.

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34
Q

What is the second characteristic of civil law? Explain.

A

Compensation- The Court usually awards the injured party damages (monetary) to the plaintiff.

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35
Q

What is required for the Court to award damages to the plaintiff? (Plaintiff and Defendant)

A

Plaintiff- successfully prove his case.

Defendant- must be found liable under the law.

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36
Q

What are some branches of civil law? Explain.

A

Contract law- deals with agreements made between parties that the Court recognizes as legally valid and enforceable
Law of tort- imposes legal duties on people in certain situations or relationships.

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37
Q

What is the first civil dispute resolution method which involves a third party? (third party and nature)

A

Civil litigation which involves the Court. The nature is adversarial which strains disputing parties’ relationship with each other.

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38
Q

Who starts the civil litigation process? (requirement)

A

One party to the dispute may act unilaterally to bring the case to Court without the consent of the other party to the dispute. The only requirement is that the subject matter of the dispute must be within the Court’s jurisdiction.

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39
Q

What is the power of the third party?

A

The Court has the power under the law to impose a legally binding decision on the disputing parties.

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40
Q

How should the disputing parties react towards the legally binding decision? (Which parties)

A

Both parties to the dispute are required to comply with the Court’s decision.

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41
Q

What do you call the person who sues and is sued? How much opportunity are they given?

A

Plaintiff and defendant. They are given fair opportunity to prove their case to the Court.

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42
Q

When the plaintiff sues, how many practical considerations should he keep in mind?

A

3

43
Q

What is the first practical consideration for the plaintiff to keep in mind when he sues? Why?

A

The plaintiff must sue within a specified time period. The law recognizes that it is unfair to allow people to bring civil claims several years after the alleged breach of obligation occurred. It is difficult for the defendant to defend his claim as evidence may no longer be available.

44
Q

What is the limitation period for claims related to breach of contract under Singapore law?

A

6 years from the date of the breach of contract.

45
Q

What happens if the plaintiff sues after the expiry of the limitation period?

A

The defendant may raise a legal objection (argument) that the plaintiff should no longer be entitled to sue because of the delay.

46
Q

What is the second practical consideration for the plaintiff to keep in mind when he sues?

A

The plaintiff must have enough evidence to prove his case against the defendant in Court.

47
Q

What are examples of evidence? (kinds and nature)

A

Copies of signed contract or invoice receipts stating successful delivery of goods are items from before the dispute arose.

48
Q

How should the plaintiff use this evidence?

A

The plaintiff should keep these items to use as documentary evidence in court to support their case against the defendant.

49
Q

What kind of evidence is needed in complex cases?

A

Evidence from expert witnesses.

50
Q

Civil cases are proven on a ______.

A

Balance of probabilities.

51
Q

Compare Balance of probabilities to Burden of proof and the evidence required to win a civil lawsuit.

A

Balance of probabilities is a lower standard than Burden of proof. The strength and quality of the evidence needed is not that high.

52
Q

How can the plaintiff win a civil lawsuit?

A

The plaintiff has to satisfy the Court that his version of facts is more likely than not to be correct, compared to the defendant’s version.

53
Q

What is the third practical consideration for the plaintiff to keep in mind when he sues? (3)

A

The plaintiff should find out how much it costs to bring a civil lawsuit to Court, how long it would take to get a court judgement against the defendant and what he can do if the defendant refuses to comply with the court judgement.

54
Q

What is best for the plaintiff to do? Why?

A

Hire a lawyer if he sues in courts other than the Small claims tribunal. Civil litigation procedures may be complex for non-lawyers.

55
Q

What are the several documents that are required to be filed in court?

A

The plaintiff’s claim and the defendant’s defense.

56
Q

What is the purpose of filing these documents?

A

To let the judge and both sides to know at an early stage what the case is all about so that the case can be resolved more efficiently.

57
Q

What happens after the necessary documents are filed and all preliminary procedures are complied with?

A

Parties will seek a date from the court for the hearing of the case.

58
Q

How fast can a case be heard?

A

It depends on the complexity of the case and the number of cases the Court is handling.

59
Q

Can parties choose the judge to hear their case?

A

No, the Court will take into account the nature of the dispute and assign a judge accordingly.

60
Q

What is the role of lawyers in civil trials?

A

To present evidence and arguments to the judge. To examine and cross-examine witnesses.

61
Q

How long do civil trials last?

A

Days, weeks or months, depending on the complexity of the case.

62
Q

What does the judge do at the end of the trial?

A

Deliver a judgement in favour of the plaintiff or dismiss the plaintiff’s case.

63
Q

What happens if the plaintiff wins the case?

A

The judge will order the defendant to compensate the plaintiff for his loss (Judge awards damages to the plaintiff).

64
Q

What if the defendant refuses to compensate the plaintiff despite the court judgement?

A

If the defendant has property or bank accounts in Singapore, the plaintiff may enforce the court judgement by making a court application or filing a bankruptcy application against the defendant.

65
Q

What are the court applications? Explain.

A

Writ of seizure and sale- seize defendant’s property and sell it.
Garnishee order- garnish (freeze) money in the defendant’s bank account

66
Q

Explain the impact of Garnishee order.

A

The defendant cannot use his money freely and will be pressured to pay.

67
Q

What are the requirements to file a bankruptcy application against the defendant.

A

The outstanding amount owed by the defendant to the plaintiff must be at least $15,000.

68
Q

Explain the impact of filing a bankruptcy application against the defendant.

A

(1) The defendant cannot work in a high-level or sensitive position in the company. (2) The defendant cannot apply for bank loans (3) The defendant cannot travel overseas

69
Q

What happens if the defendant is a foreigner or does not have substantial assets or property in Singapore?

A

The plaintiff will face practical difficulties in trying to recover compensation or damages from the defendant.

70
Q

What happens if one or both parties are not satisfied with the court judgement?

A

They can appeal against the court judgement to a higher court.

71
Q

What must the party(s) do if they appeal against the court judgement to a higher court.

A

They must show that the lower court made a mistake of law.

72
Q

What is a mistake of law?

A

Whether the correct law was used and whether it was applied correctly to the facts of the case.

73
Q

Why do they appeal to a higher court?

A

Appellate courts focus on legal and not factual issues.

74
Q

What is the second civil dispute resolution method which involves a third party? (consent)

A

Alternative dispute resolution (ADR). Both parties to the dispute must give their consent, otherwise, ADR cannot be used to resolve the dispute.

75
Q

What is the consent needed to use Arbitration? Why?

A

Both parties must agree in writing to use Arbitration to resolve the dispute. It is a legal requirement under statute.

76
Q

How confidential is ADR?

A

ADR is a private dispute resolution process where proceedings are confidential. Members of the public or reporters are not allowed to attend the proceedings.

77
Q

What do the parties using ADR do to maintain confidentiality?

A

They must comply with strict requirements and are not allowed to publicly disclose what was discussed during the proceedings.

78
Q

What are some types of ADR?

A

Arbitration and Mediation

79
Q

Who is the third party involved in ADR?

A

The parties to the dispute can jointly select and appoint a person of good reputation from the community or a particular industry.

80
Q

What is the role of the third party in Mediation? (Dos and Don’ts)

A

They facilitate discussion between the disputing parties so that they can arrive at their own settlement agreement. They do not impose a binding decision on the disputing parties.

81
Q

How much control do the disputing parties possess in Mediation?

A

They have control over whether the dispute has been resolved and if so, how it has been resolved.

82
Q

What happens if the disputing parties do not reach a settlement agreement?

A

They will use another form of dispute resolution.

83
Q

What is the disadvantage of mediation?

A

There is no guarantee that the dispute will be resolved.

84
Q

What is the aim and purpose of mediation?

A

It aims to help disputing parties reach an amicable settlement so that they can preserve their relationship and continue doing business with each other.

85
Q

What is the role of the third party in Arbitration?

A

To impose a binding decision on the disputing parties after considering the laws and facts of the case.

86
Q

Who is chosen to be an arbitrator? Why?

A

A suitably qualified expert. To facilitate a faster and more efficient dispute resolution.

87
Q

A Mediation settlement agreement has the same status as a _____.

A

Contract.

88
Q

What if one party fails to comply with the Mediation settlement agreement that he signed?

A

Other party should (1) sue the other party in court for breach of settlement agreement (2) obtain a court judgement against that party (3) enforce the court judgement against that party

89
Q

Arbitration awards can be enforced like _____.

A

Court judgements.

90
Q

What are the advantages of arbitration awards?

A

(1) They can be enforced in many countries unlike Singapore court judgements which are mainly limited to enforcement within Singapore. (2) Limited grounds to challenge, making it easy to enforce

91
Q

What are the disadvantages of arbitration awards?

A

Cannot appeal against the decision of a lower court to a higher court on a mistake of law.

92
Q

What is the nature of Arbitration procedures?

A

Less formal than civil litigation procedures but more formal than mediation proceedings.

93
Q

When is Arbitration usually used?

A

In high-value cross-border disputes involving complex technical issues.

94
Q

What is the venue for Mediation and Arbitration?

A

Outside of the court structure- can be a rented venue or even a hotel function room.

95
Q

What is the special type of ADR?

A

Court dispute resolution (CDR) mediation

96
Q

What is CDR mediation?

A

It is mediation which takes place within the court structure. It is a hybrid of litigation and ADR.

97
Q

When is CDR mediation used?

A

When both parties decide to try mediation within the court system after one party has filed a civil lawsuit in court.

98
Q

Do the parties choose their third party?

A

No, they cannot choose their third party CDR mediator.

99
Q

What is the advantage to CDR mediation?

A

Disputing parties may obtain a court consent order.

100
Q

What is a court consent order?

A

It sets out the terms of the settlement reached during the CDR mediation and has a higher legal status than a contract.

101
Q

What is the purpose of a court consent order?

A

Disputing parties can enforce a court order easily and directly should either party fail to comply with it.

102
Q

CDR mediation is conducted on a ____ basis.

A

“without prejudice”.

103
Q

What does “without prejudice” basis mean?

A

Matters disclosed by disputing parties during the CDR mediation will not be used against them if the case proceeds to trial.

104
Q

What happens if the dispute is not resolved after CDR mediation?

A

The case proceeds to trial (civil litigation).

Business Law (Focus Areas) (10 decks)

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