Chapter 1 - Introduction to Law (Part 2)

Question 1

What are the two sources of law in Singapore?

Answer 1

Legislation and Common Law

Question 2

What is legislation?

Answer 2

Laws made by parliament or a person or body authorized by Parliament

Question 3

Laws made by parliament are found in what kind of written documents?

Answer 3

Statues (or legislation/ acts of parliament/statutory law)

Question 4

How parent legislation is made by parliament and the president?

Answer 4

1. A decision made by the government to change existing law or make new laws
2. Once decision is made, the legislative draftsmen in the AGC will prepare a draft of the statue also known as bill.
3. The bill becomes law after three readings in parliament and after president gives his assent.
   The bill passed by Parliament becomes law only after the President assents to the Bill.

Question 5

What are the three readings of the bill?

Answer 5

first reading - a member of parliament introduce the bill
second reading - the members of parliament debate on the Bill
Third reading - members of parliament vote on the Bill

Question 6

What is subsidiary/ subordinate legislation?

Answer 6

Laws made by a person or body authorised by Parliament

Question 7

What is common law?

Answer 7

In some cases, there may be no existing legislation that applies or the existing legislation may not completely address some issues. In those cases, the judge will have to apply legal rules that come from case precedents.

The rules of law that comes from case precedents are also known as common law.

Question 8

What is case precedents?

Answer 8

Substantially similar (>60%) cases that the courts had decided on previously.

Question 9

What if there is conflict (inconsistency) between legislation and common law?

Answer 9

The statue will prevail.

Question 10

Which country did Singapore inherited its laws from?

Answer 10

British

Question 11

Common law countries

Answer 11

SG, British

Question 12

Civil law countries

Answer 12

France, Germany, Japan ( one main source of law - statue)

Question 13

English laws that SG inherited and adopted

Answer 13

Unfair Contract Terms Act and Sales of Goods Act from UK.

Question 14

Relevance of English Cases in Singapore

Answer 14

SG used decisions of the English court as case precedents. However, English case precedents continue to have persuasive influence. Judges in Singapore respect decisions of the English courts and will use them if they are appropriate and relevant in Singapore.

Question 15

One Other common law countries SG consider

Answer 15

Australia

Question 16

What is jurisdiction?

Answer 16

Jurisdiction refers to the ability or authority of a particular court to hear or try a case. It is the legal power to make a decision.

Question 17

What is the Singapore supreme Court made up of?

Answer 17

Two chambers

Question 18

What are the two chambers?

Answer 18

Upper Chamber (Court of Appeal)
Lower Chamber (High Court)

Question 19

What is the Court of Appeal?

Answer 19

The court of appeal is currently the highest court in Singapore. It is the final court of appeal in Singapore, It is not possible to appeal against the decision of Court of appeal)

It hears and determines appeals from any judgement or order of the high court in both civil and criminal matters.

There are usually three judges that sit in the Court of Appeal to hear appeal cases.

Question 20

What is appellate?

Answer 20

Appellate refers to the power to limit.

Question 21

What is Appellate jurisdiction?

Answer 21

Appellate jurisdiction refers to the hearing of cases where parties are appealing against the decision of a lower court i.e. the State Courts.

Question 22

What is Original Jurisdiction?

Answer 22

Original Jurisdiction is the right of a court to hear a case at the first instance.

Question 23

What is the High Court?

Answer 23

The high court has appellate jurisdiction and original jurisdiction.

Cases in high court are heard by a high court judge or judicial commissioner.

Question 24

What is the minimum amount for High courts to hear?

Answer 24

above $250,000

Question 25

What constitutes the State Court? (Hint - 3)

Answer 25

District Courts, Magistrate Courts, Small Claims Tribunals

Question 26

What is the District Courts and the requirements for it?

Answer 26

Have the power to hear both civil and criminal cases.

These courts deals with civil cases involving claims of a value that is more than $60,000 up to a limit of $250,000.

Question 27

What is the magistrate Court and the requirements for it?

Answer 27

Have the power to hear both civil and criminal cases.

These courts deals with civil cases involving claims of a value of $60,000 or below.

Question 28

What is the Small Claims Tribunals and the requirements for it?

Answer 28

The Small Claims Tribunals charges a mall administrative fee but they only deal with low-value civil claims that arise from

1. sale of goods
2. provision of services (e.g. cleaning, air-con repair)
3. Claim in tort relating to property damage but exclude damages caused by moto vehicle accidents or claims under the community Disputes Resolution Act.
4. Any contract relating to he lease of residential property for a period of less than 2 years.

Lawyers are not permitted to represent anyone in the SCT.

Question 29

Small Claims Tribunals must be filed from how many years?

Answer 29

within 2 years from the date on which the cause of action arose (e.g. when the breach of contract or commission of tort occurred.)

Question 30

What is the value limit of the Small Claims Tribunals and what happens if it is over that amount?

Answer 30

Value of the claim must not exceed $20,000 but the parties can, by their own agreement consent to an increase of the limit to $30,000.

If the a person’s claim exceeds $20,000, he can file his claim with the SCT (even if the other party does not consent to raise the claim limit) but he has to limit his claim to $20,000.