Chapter 1 - Introduction to Law

Question 1

What is the two classifications of law?

Answer 1

Criminal Law and Civil Law

Question 2

What is criminal Law?

Answer 2

Criminal Law deals with wrongdoing that will be punished by the State

Question 3

Examples of Criminal Law? (At least 3)

Answer 3

Murder, traffic offences, bribery, theft and computer crimes

Question 4

What are the two main characteristics of criminal Law?

Answer 4

Public Element and Punishment

Question 5

What is the public element under (criminal law) ?

Answer 5

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

Question 6

What are the types of punishments under (criminal law) that Singapore courts can impose?

Answer 6

Death, imprisonment, fines, canning or probation.

Question 7

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

Answer 7

Criminal litigation (prosecution of offenders).

Question 8

Two types of crimes?

Answer 8

Minor Offences (compoundable) and serious offence (composition is not available)

Question 9

Solution/legal remedy for minor offences?

Answer 9

Accused person have the option to compound the offence (meaning to pay an administrative money penalty) to the relevant government agency e.g. LTA, within a certain period of time. The government agency will then treat the matter as closed and will not bring the matter to court.

Question 10

What happens in serious offences ?

Answer 10

There could be an arrest by police investigations where the arrested person may be detained in custody. Once police have completed their investigations, they will decide whether to charge the accused persons with an offence.

Question 11

What happens in the person is not charged?

Answer 11

The matter ends.

Question 12

What happens if accused person is charged?

Answer 12

If accused person is charged with an offence, the case will usually proceed to court. When the accused person is charged with an offence, it marks the start of the criminal prosecution process. The court (or judge) makes the final decision on whether the accused person is guilty of a crime.

When the criminal case goes before the court, accused person has a choice to either plead guilty or claim trial.

If accused person pleads guilty and judges accepts his plea., the judge will first enter a criminal conviction against him before passing a sentence on him.

If accused person claims trial, a date will be fixed for the court to hear the case.

Question 13

What is the trial process like?

Answer 13

During trial (or court hearing), the state will present evidence to prove to court that accused person has committed the crime. The state (prosecution) bears the burden of proof (duty to proof to the court why they should win the case.)

To discharge his burden of proof, the state must produce credible evidence in court e.g. documents, murder weapons.)

The accused person may present evidence in his defense. All witnesses who gives evidence in court will be examined before the court by one side and may be cross-examined.

After court hearing, accused person will be set free if he is found not guilty (has been acquitted) by the court.

If the court finds that the prosecution has proven beyond a reasonable doubt that the accused person committed the offence, the court will enter a criminal conviction against the accused person (found guilty) and sentence him according.

Question 14

What is the criminal prosecution process?

Answer 14

1. State charges offender with an offence/crime
2. offender claims trial
3. court fixes trial date
4. Trial process
5. Court gives verdict

offender is either found guilty or acquitted

6. If offender is convicted of offence, court will impose a sentence on offender

Question 15

What does a criminal conviction lead to?

Answer 15

Result in a criminal record in the national register.

Question 16

What is civil law?

Answer 16

Civil law focuses on the private right and duties between individuals or business entities. The civil law provides a framework of rules to regulate parties relationships with each other.

Question 17

What is the purpose of civil lawsuits?

Answer 17

To compensate the injured (affected) party.

Question 18

what are the two characteristics of civil law and explain them?

Answer 18

Private element - involves a private dispute between individuals or entities such as companies, when one part’s acts or omissions negatively affect another person’s legal rights.

Compensation - court awards damages to plaintiff if plaintiff succeeds in proving his case.

Question 19

What are two branches of civil law?

Answer 19

Law of tort and contract law

Question 20

What are the some dispute resolution methods?

Answer 20

Meditation, arbitration or litigation

Question 21

2 main methods of dispute resolution involving participation of a third party

Answer 21

Civil litigation and alternative dispute resolution CADR)

Question 22

What is civil litigation ?

Answer 22

Traditional form of dispute resolution and involves the court as the third party.

It is possible for one party to the dispute to act on is own to bring the case to court, without the consent of the other party to the dispute.

Question 23

What is the first consideration plaintiff should keep in mind when he sue?

Answer 23

Plaintiff must sue within a specified time period. Under Singapore law, the limitation period that applies to claims base on breach of contract is six years from the breach of contract.

Question 24

What is the second consideration plaintiff should keep in mind when he sue?

Answer 24

Plaintiff must have enough evidence to prove his case against the defendant in court.

Examples of evidences - copy of signed contact, signed invoice, expert witnesses

Plaintiff just need to satisfy the court that his version of facts is more likely than not to correct as civil cases are proven on a balance of probabilities (lower standard than burden of proof)

Question 25

What is the third consideration plaintiff should keep in mind when he sue?

Answer 25

Plaintiff should find out the cost to bring a civil lawsuit.

Question 26

what happens in civil lawsuit (process)

Answer 26

1. Documents have to be filed in court (plaintiff’s claim and defendant’s defense)
2. Once necessary documents are filed, parties will seek a date from the court for the hearing of case.
3. parties are unable to choose which judge to hear their case
4. lawyers will present evidence and arguments into judge and also examine cross-examine witness.
5. At the end of trial, judge will either deliver a judgment in favor of plaintiff or dismiss the plaintiff’s case. If plaintiff wins, judge will order defendant to compensate the plaintiff for his loss.

Question 27

What happens if defendant refuse to compensate the plaintiff despite the court judgment? 3 types of ways

Answer 27

1. Writ of Seizure and Sale. If plaintiff has property (owns a bungalow etc.), plaintiff can enforce court judgment by making a court application to seize the property of the defendant and sell it.
2. Garnishee Order. plaintiff can enforce court judgment by making a court application to garnish (freeze) the money in the defendant’s bank account.
3. File Bankruptcy. Plaintiff can file bankruptcy against the defendant if the outstanding amount owed is at least $15,000.

Question 28

what happens if plaintiff or defendant or both are not satisfied with the court of judgement?

Answer 28

They may choose to appeal against the judgement of the court, to a higher court.

Question 29

What is Alternative Dispute resolution (ADR) ?

Answer 29

ADR is a private dispute resolution process and proceedings are confidential.

Question 30

What are some conditions of ADR?

Answer 30

1. Both parties must give their consent.
2. There is a legal requirement under statue that both parties to the dispute must agree in writing to use arbitration to resolve their disputes.
3. Members of public and reporters are not allowed to attend ADR proceedings.
4. Comply with strict requirements to maintain confidentiality and are not allowed to publicly disclose what was discussed.

Question 31

What are the three types of ADR?

Answer 31

Mediation, arbitration, court dispute resolution (CDR) mediation

Question 32

Explain the process of mediation

Answer 32

Mediation is aimed at helping parties involved in a dispute reach an amicable settlement. This enables parties to preserve their relationship.

In mediation (third party) does not impose any decision on the disputing parties. The role is to facilitate discussion between the disputing parties so they can arrive at their own settlement agreement.

Parties to the dispute retain control over whether the dispute is resolved and how the dispute is resolved.

If parties are unable to reach any settlement agreement after going through the mediation process, they need to use another form of dispute resolution.

Question 33

What is the outcome of mediation if one party fails to comply?

Answer 33

A mediation settlement agreement has the same status as a contract under the law.

If one party fails to comply with the mediation settlement agreement, the other party must first sue the part in court for breach of settlement agreement and obtain a court judgement against him before he can proceed to enforce the court judgement against that party.

Question 34

Explain the process of arbitration

Answer 34

The third party (arbitrator) imposes a binding decision on both parties to the dispute, after considering the law and facts of the case.

Parties usually choose a suitably qualified expert as their arbitrator to facilitate faster and more efficient dispute resolution.

Question 35

What is the outcome of arbitration

Answer 35

Arbitration awards can be enforced like court judgements. Arbitration awards can also be enforced in many countries.

Question 36

Difference between arbitration, court litigation and mediation

Answer 36

Arbitration procedures are less formal than court litigation procedures but more formal than meditation proceedings.

Both arbitration and mediation takes place outside the court structure as compared to court litigation.

Question 37

What is court dispute resolution (CDR) mediation ?

Answer 37

It is a special type of ADR which takes place in a court structure. CDR mediation is used in cases where parties try mediation within the court system after one party has filed a civil lawsuit in court.

CDR mediation is a hybrid of litigation and ADR.