Chapter 1

Question 1

Law

Answer 1

The idea of rules that affect the lives and activities of people. The law create rights and duties between persons.

Question 2

Criminal Law

Answer 2

Criminal Law deals with wrongdoing that will be punished by the state. Acts are regarded as disobedience to the state even though they may be committed against an individual member.

Question 3

Criminal Law - Public Element

Answer 3

Conduct is made criminal if it threatens society, its well-being, security and good order. It involves that enforcement by the State laws designed to protect the individual and the community. State accepts responsibility for the detention, prosecution and punishment of the offenders.

Question 4

Criminal Law - Punishment

Answer 4

The consequence of an offence considered criminal.

Question 5

Civil Law

Answer 5

Civil law focuses on the rights and duties of individuals. Its purpose is to compensate the affected party.

Question 6

Civil Law - Contract Law

Answer 6

deals with agreements made between parties

Question 7

Civil Law - Law of Tort

Answer 7

deals with duties which we owe each other independent of any agreement. e.g negligence and defamation

Question 8

Civil Law - Family Law

Answer 8

deals with family and matrimonial matters

Question 9

Prosecuted vs Sued

Answer 9

Prosecuted (criminal law) Sued (civil law)

Question 10

Legal Change

Answer 10

Ideally, businesses require a stable environment within which to operate. Yet, the framework of blaw is subject to constant change. It responds to changes in society, technological advancements and changing moral beliefs in order to stay relevant and useful.

Question 11

Sources of Law - Legislation

Answer 11

Laws made by the parliament or a person/body authorized by the parliament. Where relevant legislation exists, a judge must apply the legislation to the case.

Question 12

Sources of Law - Common law

Answer 12

Where legislation does not aid the judge, he has to look at precedents to come to a decision. By looking up law reports, lawyers and judges are able to determine what the rules of law are in them. The rules in precedents form the “common law”.

Question 13

The making of a legislation

Answer 13

1) Government decides that it wishes to pass a law. 2) Legislative draftsmen in the Attorney General’s Chambers will prepare a draft of the statute called a “bill”.3) A member of Parliament will introduce the Bill. 4) The Bill becomes law after three readings in Parliament and has been assented to by the President. 5) For important bills that affect individual rights, the public may be asked to give their view after the second reading (heard by select committee)

Question 14

Subordinate Legislation

Answer 14

Subordinate legislation has the same status as an act of parliament but it is not made by Parliament. Act of Parliament sets out broad principles of law and policy while subordinate legislation sets out administrative and operational details.

Question 15

Legislation vs Common Law

Answer 15

Legislation will prevail in instances of conflict.

Question 16

Jurisdiction

Answer 16

Jurisdiction is used to denote the types of subject matter that a particular court may deal with.

Question 17

Supreme Court

Answer 17

Made up of two chambers - Court of Appeal (Upper Chamber) and High Court (Lower Chamber)

Question 18

Supreme Court - Court of Appeal

Answer 18

Highest court in Singapore precisded by Chief of Justice and two Justices of Appeal. Jurisdiction is purely appellate. It hears and determines appeals from any judgement of the High Court in both civil and criminal matters.

Question 19

Supreme Court - High Court

Answer 19

Presided by High Court Judge. Hears both civil and criminal cases. In civil cases, it hears matters where claims are >$250,000. It also hears appeals from the subordinate courts. Deals with both appellate as well as original jurisdictions.

Question 20

Subordinate Court - District Court

Answer 20

Hears both civil and criminal cases. Deals with civil cases involving claims of from $60,000 to $250,000.

Question 21

Subordinate Court - Magistrates’ Court

Answer 21

Hears both civil and criminal cases. Deals with civil cases less than $60,000.

Question 22

Family Court

Answer 22

Hears petitions for divorce, custody, adoptions, maintenance, protection orders against spousal violence. Supported by counsellors and represents a conciliatory approach. Provides free legal advice to persons earning <$1,050.

Question 23

Juvenile Court

Answer 23

Deals with criminal offences committed by persons under 15 years of age.

Question 24

Small Claims Tribunal

Answer 24

Set up to offer remedy to a person with claim of a small value. The claim must arise from the sale/purchase of goods/services or related to damage caused to property (not including motor vehicle accidents). Claim limit is $10,000 but the parties can consent with written agreements to increase the limit to $20,000.

Question 25

Prosecutions - Non-serious case (Criminal Law)

Answer 25

For cases where the punishment is merely a fine or short prison term, the accused person can plead guilty by letter. He may also compound his offence (pay fine to police)

Question 26

Prosecutions - More serious case (Criminal Law)

Answer 26

There could be an arrest followed by police investigations during which the accused person may be detained in custody. Once the police have investigated, they will decide whether to charge the accused with an offence.

Question 27

Prosecutions - Go to court (Criminal Law)

Answer 27

The accused can plead guilty or claim trial. If pleads guilty, the judge will pass a sentence and if claims trial, the date will be fixed for the hearing of the case. If claim trial, criminal cases have to be proven by the prosecution beyond reasonable doubt.

Question 28

Settlements of Disputes (Civil Cases)

Answer 28

Very often, one or the other may breach legal obligations. Sometimes they manage to resolve their dispute in friendly manner between themselves. However if they fail they can choose to sue in a court of law.

Question 29

Litigation

Answer 29

Process of suing in the court.

Question 30

Plaintiff

Answer 30

Person who sues

Question 31

Defendant

Answer 31

Person who is sued

Question 32

The plaintiff must keep the following in mind when he sues

Answer 32

1) He must sue within a specified time. For breach of contract cases, the plaintiff must sue within 6 years the date of breach. 2) He must be able to prove his case (evidence and proof) 3) He must obtain advice on how much it would cost to sue in court

Question 33

Procedures of suing

Answer 33

1) Several documents must be filed including setting out the plaintiff's case and defendants defence. This enables the judge and each side to know what the case is all about. 2) The parties seek a date from the court for the hearing of the case. 3) Lawyers will present evidence and arguments to the judge. Lawyers will also examine and cross-examine witnesses. 4) At the end of the trial the judge would either deliver a judgement in favour of the plaintiff or dismiss the case against the defendant. 5) If defendant refuses to pay up despite judgement, plaintiff can ENFORCE THE JUDGEMENT BY SEIZING HIS PROPERTY OR GARNISHING THE MONEY IN HIS ACCOUNT (TILL HE IS BANKRUPT IF >$10,000 6) Defendant may choose to appeal against the judgement of a court to a higher court if he is dissatisfied with the lower court's decision. He needs to show that the lower court made a MISTAKE OF LAW.

Question 34

Court Dispute Resolution

Answer 34

A range of processes that is an alternative to litigation that disputing parties can resort to. Services are convenient and provided free-of-charge by the state. Enable parties to attain a "win-win situation". Entails the parties attending a settlement conference presided over by a settlement judge.

Question 35

Alternative Dispute Resolution - Mediation

Answer 35

Parties appoint a third party by mutual consent to hep them resolve the dispute. It is a private process conduced behind closed doors. Cannot enforce agreement as if it were a judgement.

Question 36

Alternative Dispute Resolution - Arbitration

Answer 36

Like mediation, it is a process where parties agree to select a third party to resolve their dispute. It is private and the arbitrator has more flexibility in terms of dispensing with certain procedures that must be compiled with in litigation. Since the parties can choose the arbitrator, they can choose a suitably qualified expert in an area of expertise. The decision of an arbitrator has the same status as a judgement of a court. No appeal is possible unless both parties agree.