The Law

Question 1

What is the law and what does it do?

Answer 1

A set of rights and obligations, laid down by the State, by which community regulates behaviours of members
The law seeks to ensure justice and fairness, and helps prevent the strong from taking advantage of the weak`

Question 2

What are the two major legal systems?

Answer 2

1. Common Law:
   Relies on case law and written law
2. Civil Law:
   Relies on written law only

Question 3

What are the two classifications of law?

Answer 3

1. Criminal Law:
   Laws prohibiting harmful actions to community
   Action against the accused is brought by the State (public prosecutor)
   Aim is to punish and deter
2. Civil Law:
   Laws governing wrongful acts against individuals/companies
   Action against defendant is brought by plaintiff
   Aim is to compensate for plaintiff’s loss

Question 4

What makes up the Singapore Legal System?

Answer 4

1. Executive:
   President + Prime Minister + Cabinet Ministers
   Interpret laws
2. Legislature
   President + Parliament
   Make laws
3. Judiciary:
   Supreme Court + State Courts
   Interpret and administer laws

Question 5

What are the different courts that make up the judiciary?

Answer 5

1. Court of Appeal
2. High Court
3. District Court
4. Magistrate Court

Question 6

What are the civil and criminal jurisdictions for each court?

Answer 6

1. High Court
   Civil Jurisdiction: No limit
   Criminal Jurisdiction: No limit
2. District Court
   Civil Jurisdiction: Up to $250k
   Criminal Jurisdiction: Try offences with maximum imprisonment of 10 years, and can sentence up to 10 years
3. Magistrate Court
   Civil Jurisdiction: Up to $60k
   Criminal Jurisdiction: Try offences with maximum imprisonment of 5 years, but can only sentence up to 3 years

Question 7

What are the approaches for interpreting statutes?

Answer 7

1. Literal Rule: What is the ordinary meaning of the words?
2. Golden Rule: Literal rule is followed unless it leads to an absurd outcome, then apply meaning that does not do so
3. Mischief Rule: What is the mischief that the statute is trying to prevent/address?

Question 8

What is vertical stare decisis?

Answer 8

Vertical stare decisis: A lower court is bound to the decisions made by a higher court when faced with a similar factual situation