Week 1 Flashcards
What is the difference between Common law tradition eg. Singapore, England (UK) vs Civil law tradition eg. In Europe (France etc), Vietnam
Civil laws: relies on codes
Common law: emphasis and reliance on decisions decided in the court ie. judge-made laws (laws as interpreted by judges in the court)
What is the Doctrine of stare decisis (binding precedent)
A case that has already happened in the higher level court binds future cases in the lower level courts (binding effect) ie. Lower level courts follow decisions rendered in higher level courts gives a certain measure of certainty and consistency
Distinguish between ratio decidendi and obiter dicta
ratio decidendi: most important part of the court decision (the basis and rationale of the decision eg. Dismissal of the case as decision could be hundreds of pages) of binding effect to lower level courts
obiter dicta: all the other parts of the judgement (other passing observations, remarks etc) does NOT bind lower level courts
Civil law vs Criminal Law difference
Civil law: everything that’s not in criminal law
Case law vs Statute/Written law difference
case law: decided by the courts
statutes (written law/codes): acts of parliament, law made in parliament house > then judges interprets the law
Public law vs Private law (this module more concerned with private law)
public law: eg. Criminal law, involves the state, involves 2 countries eg. Over territorial rights-
private law: for contract between 2 private individuals/organization
Substantive law vs Procedural law
Procedural law: matters of procedure (how to commence a legal action against an offence), how you address judges in court ie. your honour
Substantive law: law of contract
Singapore legal system: What is the constitution?
The most important statue, sets out fundamental liberties of the people eg. Freedom of speech at Hong Lim Park, freedom of religion, human rights eg. The role of the president, Prime minister, MPs
What is the Separation of powers doctrine
Legislature (Parliament): make the laws of the land
Executive (President & the Cabinet): decide on policies, head of executive: Prime Minister
Judiciary: the courts
What are the 3 components of the Singapore court system
Supreme Court – General Division of the High Court, Appellate Division of the High Court (no criminal jurisdiction) and the Court of Appeal (apex court ie. Highest court)
State Courts (formerly the Subordinate Courts)
The Attorney General (Public Prosecutor)
What is a Statute and what is its purpose?
Statute: written law ie. Passed in parliament by the legislation
To give effect to the intention of Parliament
In a Statute what should be done if there is ambiguity or uncertainty that arises in interpretation?
Use of intrinsic aids or use of extrinsic aids
What are the two approaches to interpretation?
Literal rule: ordinary English meaning
Purposive approach: used when there is some ambiguity to the meaning of certain English words, consult records of parliament debates that has been documented to understand the interpretation of certain statutes to find out the most appropriate meanings
What are the resolution of disputes (apart from litigation) ?
1.Alternative Methods of Dispute Resolution (ADR)
3.Negotiation, mediation, arbitration
