Lecture 1: Singapore Legal System

Question 1

Sources of Law in Singapore

Answer 1

1. Local Legislation: written law by ministers
2. Local cases (precedents)
3. Parliament/Statuses: passing down of law
4. English Authorities
5. Relevant Commonwealth Authorities

Question 2

Reception of English Law in Singapore

Answer 2

1. Second Charter of Justice (1826):
   - Legal document –> court system in Singapore on the prevailing English Model
   - The act of parliament allows local courts to refer to and apply English law
2. Application of English Law Act (1993):
   - Provided for the English Doctrines to Tenures & Estates & English Equity & and other real property concepts to apply in Singapore, but subject to local modifications to prevent injustice
   - Land Law in Singapore is based on English Land Law

Question 3

Dispute Resolution

Answer 3

1. Non-Judicial
   - Negotiation
   - Mediation
   - Arbitration
2. Judicial

Question 4

Singapore Court Structure

Answer 4

Courts are arranged in a hierarchy

• State Court: Lowest
• High Courts (First Instance & appeal cases)
• Court of Appeal (appeal cases)

Question 5

The Doctrine of Binding Precedents

Answer 5

• Higher courts bound lower courts to follow the decisions made by precedents/courts of appeal in the past
• Decisions of Court of Appeal are strictly binding on the state courts
• Only a critical part of the decisions made by the higher court (rationale of judgment) will be binding on the lower court –> facts of the case must be similar

Question 6

Civil Law vs Criminal Law

Answer 6

1. Definition
   Civil Law: Civil wrong governed against the people who breached the contract
   Criminal Law: Crime/Unlawful (penal code)
2. Outcome
   Civil Law: Compensation/Damages
   Criminal Law: Punishment (fine, cane, jail, capital punishment)
3. Spotlight
   Civil: Victim
   Criminal: Wrongdoer
4. Parties & people involved
   Civil: between private individuals
   Criminal: society (a large group of people) who want to disapprove of that kind of wrong