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Chorzow Factory (1928) > Topic 9: Courts > Flashcards

Topic 9: Courts Flashcards

1
Q

What is the highest amount of claims that can be heard in the Magistrate’s Court?

A

$60k max

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2
Q

What is the highest amount of claims that can be heard in the District Court?

A

$250k max

But $500k max for personal injury claims arising from industrial accidents or road accidents

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3
Q

What is the highest amount of claims that can be heard in the Small Claims Tribunal?

A

$20k max, $30k if parties agree

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4
Q

Before the judgement was given, Sally and John lawyers agreed that the District Court’s decision would be final. John loses and wants to appeal. Can he do so?

A

No. No appeal shall lie from any judgment or order of a District Court exercising civil jurisdiction if, before the judgment or order is given or made, the parties agree in writing signed by them or their solicitors that it shall be final.

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5
Q

Sally wants to sue John for negligence. She claims $260,000. Which court can she file a suit in?

A

General Division of High Court ($250k and more)

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6
Q

Sally wants to sue John for breach of contract. She claims $65,000. Which court can she file a suit in?

A

District Court ($60k- $250k)

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7
Q

Sally wants to sue her employer for a personal injury arising out of industrial accidents. She claims $499K. Which court can she file a suit in?

A

District Court (up to $500k if personal injury arising from industrial accidents or road accidents)

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8
Q

Parker (15 year old) is caught trespassing the top floor of Downtown East. The management wants to sue him for trespass. Which court can they file a suit in?

A

Youth Court

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9
Q

Parker’s mom is unhappy with the decision of the Youth Court and wants to appeal. Which court will hear her appeal?

A

Family Division of the High Court

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10
Q

What is the maximum sentencing of a District Court?

A

A DC may pass the following maximum sentences:

Jail not more than 10 years
Fine not exceeding $30K
Caning not exceeding 12 strokes

(s. 303(2), CPC)

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11
Q

What is the maximum sentencing of a Magistrate Court?

A

A MC may pass the following maximum sentences:

Jail not more than 3 years
Fine not exceeding $10K
Caning not exceeding 6 strokes

(s. 303(3), CPC)

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12
Q

What does the word ‘jurisdiction’ mean?

A

The court’s power to hear disputes

The capacity in which it hears a case

The power it has to punish for an offence

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13
Q

When a court hears a case for the first time, it is said to be exercising _______ jurisdiction. When it hears a case on appeal, it exercises ________ jurisdiction

A

original jurisdiction

appellate jurisdiction

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14
Q

The Court of Appeal has only appellate jurisdiction. True or False?

A

True

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15
Q

The Magistrates’ Courts have only original jurisdiction and no appellate jurisdiction.

A

True

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16
Q

What are the constitutional safeguards in play for judges?

A

Tenure till 65

Cannot be removed except on grounds of infirmity, incapacity or gross misconduct

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17
Q

When was the Judicial Commissioner scheme first introduced? Why was it introduced?

A

First introduced in 1979.

To ease the shortage of judges on the bench.

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18
Q

The Court of Appeal can be heard by two, five or any greater uneven number of Judges. True or False?

A

True

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19
Q

The Court of Appeal will not re-examine witnesses, documents and other materials tendered in the trial of the case. True or False?

A

True

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20
Q

The General Division of the High Court can hear appeals from the decisions of District Courts and Magistrates’ Courts in civil and criminal cases. True or False?

A

True

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21
Q

What are the qualifications of a High Court judge?

A

Same as Court of Appeal (all under Supreme Court)

  1. No less than 10 years as a Qualified Person or
  2. No less than 10 years as a member of the Singapore Legal Service
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22
Q

What kind of cases do the Appellate Division hear?

A

Civil appeals not allocated to the Court of Appeal under the Sixth Schedule

No criminal cases (it has no jurisdiction over criminal cases)

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23
Q

Haisheng committed murder. His case will be tried at the High Court because it has original jurisdiction.

A

Yes. Murder carries death penalty / life imprisonment, so original jurisdiction lies in the General Division.

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24
Q

What jurisdiction does the Appellate Division have?

A

Civil jurisdiction.

  1. Appeals against any decisions made by General Decision outside of the Sixth Schedule
  2. Any appeal that any written law provides is to lie within the Appellate Division

No criminal jurisdiction.

(s. 35 SCJA)

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25
Q

Rena wants to appeal against a decision made by the Appellate Division. Rena must obtain leave of Court of Appeal to do so. True or False?

A

True. It needs to be granted leave from Court of Appeal first.

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26
Q

Which of the following is true?

I. The Court of Appeal will only grant leave if the appeal will raise a point of public importance.

II. The Court of Appeal is not required to grant leave even if the appeal will raise a point of law of public importance.

III. The Court of Appeal will rely on the Rules of Court when deciding whether to grant leave

IV. The Court of Appeal will rely on the Rules of Court when deciding if an appeal will raise a point of law of public importance

A

I, II, III and IV.

s. 47 SCJA

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27
Q

What jurisdiction does the District Court have?

A

Criminal jurisdiction

  1. Try any criminal offence that does not exceed 10 years of imprisonment
  2. Try any fine-only offence
  3. All the powers of a Magistrate Court

Note: While the District Court has limits on sentencing (up to $30K), all offences in the Penal Code that are fine-only (no imprisonment) do not carry fines that exceed $30K. So effectively, any fine-only sentences can definitely come within District Court.

(s8, CPC)

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28
Q

What jurisdiction does the Magistrates’ Court have?

A

Criminal jurisdiction

  1. Try any criminal offence that does not exceed 5 years of imprisonment
  2. Try any fine-only offence
  3. Summon and examine witnesses
  4. Issue warrants for witnesses
  5. Issue warrants to search premises
  6. Require any person to furnish security for keeping the peace or to ensure good behaviour
  7. Order medical examination of a person to ascertain mental or physical condition

(s7, CPC)

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29
Q

What CRIMINAL jurisdiction does the General Division have?

A

Criminal jurisdiction
1. Any offence and can pass any sentence in law

But generally, those exceeding 10 years of max sentence since any lower will be handled by the lower Courts.

Murder, culpable homicide, voluntarily causing grievous hurt by dangerous weapons
etc.

Appellate criminal jurisdiction

  1. Appeals from DC or MC
  2. Appeals on points of law reserved by special cases submitted by DC or MC
  3. Appeals from Family Courts
  4. Appeals from Youth Courts

(s. 19 SCJA)

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30
Q

Does the Court of Appeal hear all appeals from the High Court (General Division)?

A

Civil jurisdiction

  1. Any appeal from the General Division under the Sixth Schedule
  2. Any appeal from the Appellate Division
  3. Any appeal that any written law provides to lie in the Court of Appeal
    (s. 53, SCJA)

It can also transfer any appeals made to the Appellate Division (meaning outside of Sixth Schedule) to itself
(s. 29D, SCJA)

It can also transfer any appeals made to the Court of Appeal (meaning within of Sixth Schedule) to the Appellate Division
(s. 29E, SCJA)

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31
Q

What CIVIL jurisdiction does the General Division have?

A

Civil jurisdiction
1. Any civil claim, but in general, only those exceeding $250K as any lower will be handled by the lower Courts

Appellate civil jurisdiction

  1. Appeals from DC or MC of a quasi-criminal or civil nature
  2. Appeals from Family Courts of quasi-criminal or civil nature
  3. Appeals from tribunals

(s. 20 SCJA)

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32
Q

Rachel wants to appeal against a decision made by the District Court. Rachel must obtain the following:

I. Leave from District Court

II. Leave from General Division of High Court

Which leave must she obtain or can either leave work?

A

Either one also can.

s.21(1), SCJA

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33
Q

Rachel is not successful in obtaining leave from the General Division. Can she appeal against this decision?

A

No. An order of the General Division giving or refusing leave is final.

(s. 21(2a), SCJA)

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34
Q

John caused grievous hurt by dangerous weapons or

means and can face up till 15 years of imprisonment. His case will be tried in which court?

A

General Division (High Court)

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35
Q

What CRIMINAL jurisdiction does the Court of Appeal have?

A

Criminal jurisdiction

  1. Any appeal from the General Division
  2. It must confirm any decision made by the General Division to impose the death penalty

Remember, Appellate Division has no criminal jurisdiction

(s.60D, CJA)

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36
Q

What is the maximum sentencing of the General Division of the High Court?

A

Any sentence authorized by law.

Torture not allowed obviously. So is forced rape. Or eating a bowl of maggots.

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37
Q

When and how did the highest court for Singapore cases become the Court of Appeal?

A

1994, with the passage of the Judicial Committee of the Privy Council Repeal Act

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38
Q

What are the qualifications of a District Judge?

A

No less than 5 years as a Qualified Person

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39
Q

District Judges have security of tenure and security of remuneration. True or False?

A

False. THEY HAVE NO TENURE. NO SECURITY.

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40
Q

What are the qualifications of a Magistrate?

A
  1. At least 1 year as a Qualified Person
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41
Q

How does the Family Court promote mediation?

A

The Family Court may order any party or any child who is the subject of proceedings to undergo mediation or counselling

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42
Q

The Family Court is presided by…

A

A District Judge or a Magistrate who is designated by CJ as a judge of the Family Court

(s 13 FJA)

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43
Q

The Youth Court is presided by…

A

A District Judge or a Magistrate who is designated by CJ as a judge of the YouthCourt

(s 13 FJA)

44
Q

What is the Small Claims Tribunal?

A

Established in 1984 to provide a quick method of dispute resolution for claims arising out of contracts for goods and services, not exceeding $20,000 in value or if both parties consent in writing, up to $30,000 in value.

(s 5(3) and 5(4), Small Claims Tribunal Act)

45
Q

Joe has a case to bring to the Small Claims Tribunal. He wishes to engage a lawyer to represent himself. Can he do so?

A

No.

No party to any proceedings before a tribunal shall be
represented by an advocate and solicitor or, except as provided by subsection (2), an agent, whether paid or otherwise.

(s 23(3), SCTA)

46
Q

Which Act established the Syariah Court in Singapore?

A

The Administration of Muslim Law Act

47
Q

What type of cases does the Syariah Court hear?

A

Marriage
Divorce
Betrothal, nullity of marriage or judicial sepapration
Disposition of property on divorce
Payment of emas kahwin, maintenance and consolatory gifts or mutaah

(s 35(2), Administration of Muslim Law Act)

48
Q

The personal laws of marriage and divorce under Syariah Law are exclusive to Muslims in Singapore. True or False?

A

True

49
Q

Why are two separate systems of marriage recognised in law (Women’s Charter and Syariah Court) necessary?

A

The validity of a marriage goes to the very fundamentals of the marriage itself, and that’s why two separate systems – Women’s Charter and Syariah court – are still necessary with respect to divorce.

50
Q

The District Court can grant a probate where the deceased assets does not exceed…

A

$3 million

s 35(1), Probate and Administration Act

51
Q

What is a probate?

A

A court order which empowers the executor(s) (and trustee(s) where applicable) to carry out the instructions in the will which would include the distribution of the deceased’s assets to his specified beneficiaries.

52
Q

What was the reason for creating a new Appellate Division of the High Court?

A

The amendment was driven by the increase of the number of appeals from the High Court

53
Q

Under the new framework, what kind of appeals will be heard exclusively by the Court of Appeal?

A 
Constitutional and administrative law
Criminal law
Contempt of court
Law of arbitration
Insolvency, restructuring or dissolution of corporations, limited liability partnerships, or sub-fund of a variable capital company
Patent law
SICC decisions
Appeals specified to go to Court of Appeal under written law
54
Q

When will appeals not be allowed from the Appellate Division?

A

When Court of Appeal does not grant leave

Incidental directions

Interim orders

Where the law specifies the Appellate Division to be the final court of appeal

55
Q

The value of judicial precedents as a source of law depends on what three elements?

A

We must have adequate and reliable reports of earlier cases.

Proper rules for extracting legal principles from a particular set of facts

Way of classifying authorities into those which are binding and those which are merely persuasive.

56
Q

When did the Malayan Law Journal stop covering Singapore cases?

A

1992

57
Q

From what date to what date did the first run of the Singapore Law Reports last for?

A

1946 to 1949

58
Q

From what date to what date did the second run of the Singapore Law Reports last for?

A

1953 to 1956

59
Q

Why do we still look to English cases?

A

Singapore’s legal history is very short in comparison, there are many areas of law that has not been litigated upon.

Specific areas of contract disputes and billment that are not generally found in Singapore law

60
Q

Who started the first major set of law reports in Singapore?

A

Mr. Bashir Mallal

He started the Malayan Law Journal in 1932

61
Q

When did the third and official run of the Singapore Law Reports begin?

A

1992, published in 1992 by the Singapore Academy of Law (SAL)

62
Q

To read Singapore cases before 1965, which journal should you look into?

A

Malayan Law Journal

63
Q

Why is the Singapore Law Reports (Reissue) so fucking important?

A

It is the one and only version of the Singapore Law Reports that has to be cited in Court.

Practice Directions from Supreme Court says that when citing precedents from Singapore cases, we have to refer to the version in the 2010 Singapore Law Reports (Reissue)

64
Q

When was the Singapore Law Reports (Reissue) done?

A
  1. It includes 60 additional cases that were left out in the previous Law Reports.
65
Q

Which law reports would you refer to if you wanted to find Singapore cases before 1932?

A

Straits Settlements Law Reports

66
Q

Which law reports would you refer to if you wanted to find Singapore cases before 1989?

A

In order of preference:

Singapore Law Reports (2010-)

Singapore Law Report (Reissue)

Singapore Law Reports (1965- 2009)

Malayan Law Journal

67
Q

Which law reports would you refer to if you wanted to find Singapore cases in 1992?

A

Singapore Law Reports

68
Q

Which law reports would you refer to if you wanted to find Singapore cases in 1943 or 1945?

A

None. Japanese Occupation. Even Bashir Mallal paused the Malayan Law Journal. He was running from the Japs, no time to publish law journals man.

69
Q

Which law reports would you refer to if you wanted to find Singapore cases in 2009?

A

In order of preference:

Singapore Law Reports (2010-)

Singapore Law Report (Reissue)

Singapore Law Reports (1965- 2009)

70
Q

My car broke down. I want to sue Tesla. I bought the car 2 years and 1 month ago. Can I claim from Small Claims Tribunal?

A

No. The jurisdiction of a tribunal shall not extend to a claim after the expiration of 2 years after the date on which the cause of action accrued.

(s 5(3)(b), Small Claims Tribunal Act)

71
Q

The Constitutional Tribunal belongs to the Supreme Court. True or false?

A

True.

72
Q

The State/Subordinate Courts consist of…

A 
District Court
Magistrates Court
Coroners Court
Youth Court (Juvenile Court)
Small Claims Tribunal
Family Court

(NOTE: SYRIAH COURT, MILITARY COURT ETC. ARE NOT CONSIDERED STATE COURTS)

73
Q

The State Courts was renamed Subordinate Courts. True or false

A

Ya

74
Q

If I am 16 years old, and I commit a crime, which court do I face my sentence in?

A

District Court

Youth Court is below 16.

The age at which you committed the offence (not your current age)

75
Q

The Supreme Court consists of…

A

Court of Appeal

High Court

76
Q

The High Court has no jurisdiction to hear and try any civil proceeding which comes
within the jurisdiction of the Syariah Court. True or false?

A

True.

77
Q

What does subject matter jurisdiction mean?

A

A court’s power to preside over a particular type of case.

78
Q

What does personal jurisdiction mean?

A

A court’s power to preside over a particular person

79
Q

What is an in rem proceeding?

A

A court proceeding to decides the rights of a particular piece of property or status for every potential rights holder.

Property or status.

80
Q

What is an in personam proceeding?

A

A court proceeding to decides the personal rights and interests of the parties named in the action.

81
Q

The High Court generally has unlimited subject matter jurisdiction. True or false?

A

True (to some extent).

It does not have jurisdiction in matters relating to Syariah Court.

It does not have jurisdiction to hear disputes over title to foreign land.

82
Q

The High Court can hear constitutional questions referred to it by a lower court. True or false?

A

True.

Reading:
“[T]he High Court is also empowered to hear
references on constitutional questions referred to it for consideration by a subordinate court, where such questions arise in the course of proceedings in the subordinate court”

83
Q

To serve a writ to a defendant out of jurisdiction (Singapore), a person must obtain leave of court. Leave of court will only be granted if…

A

1) The defendant is connected to Singapore in some way (eg. he does business in Singapore)
2) The cause of action is in Singapore (eg. tort committed in Singapore)
3) The subject matter of the dispute is related to Singapore (eg. dispute over land in Singapore)

84
Q

Sally sues John in Singapore.
To obtain stay of proceedings to sue in another jurisdiction, John must prove that Singapore is not the suitable jurisdiction to sue based on the doctrine of forum non conveniens. True or false?

A

True

85
Q

What will the court look out for when determining a stay application for bringing the case to another jurisdiction?

A

(This is the doctrine of forum non conveniens)

The court will consider all circumstances, including:

Where the trial may be conducted at least cost, expense and inconvenience.

Whether disallowing the plaintiff from suing in Singapore will deprive him of substantive justice

86
Q

To stop any proceedings in Singapore, the defendant must first obtain the leave of court. True or false?

A

True.

Get leave of court / stay of proceedings.

87
Q

What is a non-exclusive jurisdiction clause?

A

It permits actions to be commenced in a particular jurisdiction if there is a breach of contract, but does not prevent litigation elsewhere.

88
Q

What is an exclusive jurisdiction clause?

A

It mandates any litigation arising from a breach of contract to take place in the specified jurisdiction.

89
Q

Mr. Arnold is suing Dr. Woolsack for breach of contract. An exclusive jurisdiction clause says that Singapore is the forum for litigation. Can Dr. Woolsack persuade the court for a stay of proceedings to sue elsewhere?

A

Generally no, unless Dr. Woolsack can persuade the courts to override that clause for special reasons.

90
Q

MinDef is suing its supplier for breach of contract. The supplier says that the non-exclusive jurisdiction clause does not prevent litigation to be brought to Netherlands instead. Will the court grant the supplier a stay proceeding?

A

Possibly, however the fact that the non-exclusive jurisdiction clause exists is a strong factor that the forum is the most suitable place for litigation.

91
Q

When does the High Court have jurisdiction over matrimonial proceedings (eg. divorce)?

A

Marriage in Singapore

Either party to the marriage is domiciled in Singapore at the time of proceedings.

Either party to the marriage has been ‘habitually resident’ in Singapore for a period of 3 years before the proceedings

92
Q

Matrimonial proceedings are exempted from the doctrine of forum non conveniens. True or false?

A

False. False.

Even if Rena wants to divorce in Singapore, I can try and argue that the divorce should take place in London instead.

93
Q

When does the High Court have jurisdiction over bankruptcy applications?

A

Debtor is domiciled in Singapore; or

Debtor has property in Singapore; or

Debtor has been resident, has a home, or carried on business in Singapore for one year before the bankruptcy application

94
Q

By default, leave of appeal is required to appeal to General Division of the High Court. When is leave of appeal not required?

A

When the claim exceeds $50,000 or any other amount as may be specified by the President in consultation with the Chief Justice.

When the action is to recover immovable property (eg. a piece of land)

95
Q

Jia Hao is suing LTC Tan for $50K for sabotage. The District Judge has ruled in favor of the idiot colonel. Does Jia Hao need permission from the High Court to appeal?

A

Yes, because the claim has not exceeded $50K.

96
Q

Unfortunately, Jia Hao had earlier made an agreement with LTC Tan that the District Court judgement would be final. Jia Hao thought the agreement was informal and he could still appeal regardless of the outcome. Can Jia Hao still appeal?

A

No. No appeal lies from a judgement where both parties had agreed in writing before the decision was given that it should be final.

97
Q

The High Court has jurisdiction to try all types of criminal offences provided section 15(1) of SCJA is satisfied. What are the conditions in section 15(1) of SCJA?

A

Criminal offences committed:

  1. Within Singapore
  2. On board any ship or plane registered in Singapore
  3. By any Singapore citizen on the high seas or any plane
  4. By any person on the high seas where the offence is piracy
  5. By any person when the offense relates to hijacking of aircraft, protection of aircraft and airports, or maritime offences.
  6. In any place or by any person if the written law says that the offence is triable in Singapore
98
Q

The High Court has jurisdiction over any offence that is triable. True or false?

A

True (to some extent).

Generally speaking, criminal offences have territorial effect only. The accused must commit the crime in Singapore to be tried in Singapore.

However, there are some offences that are triable per se regardless of where the crime took place.

The Computer Misuse Act provides for trial in Singapore as long as the accused or his computer program was in Singapore, even if the actions took place abroad.

Piracy offences are triable regardless of where it took place.

99
Q

Iman hacked LTC Tan (in Pasir Ris) on my behalf while Iman was holidaying in Batam. Can Iman be tried in Singapore?

A

Yes. Computer Misuse Act is one of the offences that is triable regardless of where it took place, as long as the software/hack was materially in Singapore.

100
Q

Stamp duty cases go straight to the High Court. True or false?

A

True.

101
Q

Is the High Court bound by Federal Court of Malaysia decisions in 1968?

A

Yes, because it was our highest court between 1963 to 1970

102
Q

Is the High Court or Court of Appeal bound by its previous decisions?

A

No. No horizontal stare decisis in Singapore.

103
Q

Is the Court of Appeal bound by the previous decisions of the Court of Appeal?

A

No. No horizontal stare decisis. Held in Practice Statement of 1994.

104
Q

Is the High Court bound by the Court of Appeal predecessors before 1970?

A

Yes. It is bound by the Federal Court of Malaysia, Court of Appeal before 1963, and the Court of Appeal of Straits Settlements.

(Only the cases in those courts that heard Singapore appeals though.)

105
Q

Is High Court bound by Privy Council decisions that heard Singapore cases?

A

Yes

106
Q

Before 1992, the practice had been for the High Court to bind itself to any Privy Council decision (regardless of country). True or false?

A

True. After 1992 Indo Commercial Society, it seems that the High Court will be unlikely to bind itself to Privy Council decisions that are non-Singapore.

Chorzow Factory (1928) (14 decks)

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