Business Law Topic 1.1: Introduction to Law & Singapore Legal System
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Questions and Answers

What is the main function of the Executive branch in Singapore?

Administration of the law and daily administration of the nation

Which arms of government make up the checks and balances system?

  • Legislature
  • Judiciary
  • Executive
  • All of the above (correct)
  • The Court of Appeal in Singapore has only appellate jurisdiction.

    True

    The President of Singapore has the 'second key' to Singapore's ________.

    <p>reserves</p> Signup and view all the answers

    Define law.

    <p>Law is a set of rules, rights, and obligations imposed upon a community that must be obeyed and regulates its affairs or behaviors.</p> Signup and view all the answers

    What are key principles of the Rule of Law?

    <p>All of the above</p> Signup and view all the answers

    Civil Law involves actions considered committed against the State.

    <p>False</p> Signup and view all the answers

    _____ is a body of legal cases decided by the courts over the years.

    <p>Common Law</p> Signup and view all the answers

    Match the following legal systems with their characteristics:

    <p>Civil Law = Deals with disputes between private persons or companies Common Law = Based on judge-made law and past court decisions</p> Signup and view all the answers

    What is the primary function of the Judiciary in Singapore?

    <p>To interpret and uphold the law.</p> Signup and view all the answers

    Which arms of the Singapore government are involved in the separation of powers?

    <p>All of the above</p> Signup and view all the answers

    The Court of Appeal in Singapore has _________ jurisdiction.

    <p>appellate</p> Signup and view all the answers

    The President of Singapore has significant powers.

    <p>True</p> Signup and view all the answers

    Match the following government branches with their respective functions:

    <p>Legislature = Makes the law Judiciary = Interprets the Law Executive = Administers/Enforces the Law</p> Signup and view all the answers

    What is the concept of 'The Rule of Law'?

    <p>The Rule of Law refers to the principle that no one is above the law, all are equal under the law, and laws govern every decision. It includes the presumption of innocence and the idea that laws come from basic natural rights.</p> Signup and view all the answers

    What are key principles of The Rule of Law?

    <p>Presumption of innocence</p> Signup and view all the answers

    Civil Law deals with acts considered crimes against the State.

    <p>False</p> Signup and view all the answers

    _____ Law comprises rules which govern the relationship and dealings between countries.

    <p>International</p> Signup and view all the answers

    Match the source of law with its description:

    <p>The Constitution of Singapore = Contains laws governing the country and individual rights Legislation = Laws enacted by Parliament; new enactments, amendments, or repeals Subsidiary Legislation = Detailed rules and regulations related to a particular Act Common Law = Body of legal cases decided by courts over the years International Conventions = Agreements between countries on various issues</p> Signup and view all the answers

    Study Notes

    • Law: a set of rules, rights, and obligations imposed by the state that must be obeyed
    • Regulates social behavior and keeps order in society
    • Dynamic, not static, with new laws constantly being made to deal with new situations
    • Varies from country to country and changes over time
    • Can be disciplined, made, amended, or repealed

    Law vs Morality

    • Law: a set of rules and obligations with legal consequences if broken
    • Morality: a set of values or beliefs that govern an individual's or society's actions, with no legal consequences
    • Examples of immoral but legal actions: abortion, adultery, prostitution
    • Examples of immoral and illegal actions: murder, rape, bigamy
    • Examples of moral and legal actions: education
    • Examples of moral but illegal actions: selling chewing gum in Singapore

    The Rule of Law

    • Key principles:
      • No one is above the law
      • All are equal under the law
      • Laws of the land govern every decision
      • Presumption of innocence
      • Laws and constitutional rights arise from basic natural rights

    Classification of Law

    • Legal systems: civil law vs common law
    • Scope: domestic vs international, public vs private, criminal vs civil
    • Type: statute vs case law, common law vs equity
    • Area: contract, company, family, shipping, property, probate, etc.

    Criminal Law vs Civil Law

    • Criminal Law:
      • Deals with actions considered crimes against the state
      • Prosecutor vs accused
      • No limitation period
      • Standard of proof: beyond reasonable doubt
      • Examples: theft, murder, outrage of modesty
    • Civil Law:
      • Deals with wrongs between private parties
      • Plaintiff vs defendant
      • Limitation period applies
      • Standard of proof: balance of probabilities
      • Examples: defamation, breach of contract, road accidents

    International Law vs Domestic Law

    • International Law:
      • Rules governing relationships between countries
      • Examples: trade agreements
    • Domestic Law:
      • Rules governing everyone within the country
      • Examples: HDB laws, CPF laws

    Sources of Law

    • The Constitution of Singapore
    • Legislation (statutes, Acts of Parliament)
    • Subsidiary Legislation
    • Common Law (case law, judge-made law)
    • International Conventions, Treaties
    • English Law (limited)
    • Common Law Legal System
    • Developed by custom and continues to be applied by the courts
    • Cases are seen as primary sources of law
    • Statutes are seen as incursions into the common law

    Judicial Precedent

    • A legal dispute brought before a court of law, with a decision already handed down by the court
    • Used to decide the outcome of future similar cases
    • Critical in English Common Law because the common law evolved from judge-made law
    • Doctrine of Stare Decisis: the principle of using judicial precedents

    3 Arms of Government

    • Legislature (Parliament and President): makes the law
    • Judiciary (Supreme Court Judges): interprets the law
    • Executive (President, Prime Minister, Cabinet, Civil Service, Police, AGC): administers/enforces the law

    Separation of Powers

    • Aims to:

      • Prevent any part of government from becoming too powerful
      • Protect rights and liberties of people
      • Ensure decisions are made properly and publicly
      • Accountability for decisions### Court of Appeal (CA)
    • Consists of the Chief Justice and the Justices of the Court of Appeal

    • An appeal before the CA is usually heard by 3 judges, but some cases may have a different number of judges

    • Decisions are made by the majority opinion of the judges hearing the case

    Jurisdiction of the CA

    • The CA has only appellate jurisdiction, meaning it does not have original jurisdiction
    • The CA has jurisdiction to hear:
      • All Criminal matters, except those tried at the District or Magistrates' Court, which can only be appealed to the High Court
      • Prescribed categories of Civil appeals set out in the Sixth Schedule to the Supreme Court of Judicature Act, but only if the subject matter of the Civil case is of a sufficient 'size' (minimum of $250,000)
    • Law: a set of rules, rights, and obligations imposed by the state that must be obeyed
    • Regulates social behavior and keeps order in society
    • Dynamic, not static, with new laws constantly being made to deal with new situations
    • Varies from country to country and changes over time
    • Can be disciplined, made, amended, or repealed

    Law vs Morality

    • Law: a set of rules and obligations with legal consequences if broken
    • Morality: a set of values or beliefs that govern an individual's or society's actions, with no legal consequences
    • Examples of immoral but legal actions: abortion, adultery, prostitution
    • Examples of immoral and illegal actions: murder, rape, bigamy
    • Examples of moral and legal actions: education
    • Examples of moral but illegal actions: selling chewing gum in Singapore

    The Rule of Law

    • Key principles:
      • No one is above the law
      • All are equal under the law
      • Laws of the land govern every decision
      • Presumption of innocence
      • Laws and constitutional rights arise from basic natural rights

    Classification of Law

    • Legal systems: civil law vs common law
    • Scope: domestic vs international, public vs private, criminal vs civil
    • Type: statute vs case law, common law vs equity
    • Area: contract, company, family, shipping, property, probate, etc.

    Criminal Law vs Civil Law

    • Criminal Law:
      • Deals with actions considered crimes against the state
      • Prosecutor vs accused
      • No limitation period
      • Standard of proof: beyond reasonable doubt
      • Examples: theft, murder, outrage of modesty
    • Civil Law:
      • Deals with wrongs between private parties
      • Plaintiff vs defendant
      • Limitation period applies
      • Standard of proof: balance of probabilities
      • Examples: defamation, breach of contract, road accidents

    International Law vs Domestic Law

    • International Law:
      • Rules governing relationships between countries
      • Examples: trade agreements
    • Domestic Law:
      • Rules governing everyone within the country
      • Examples: HDB laws, CPF laws

    Sources of Law

    • The Constitution of Singapore
    • Legislation (statutes, Acts of Parliament)
    • Subsidiary Legislation
    • Common Law (case law, judge-made law)
    • International Conventions, Treaties
    • English Law (limited)
    • Common Law Legal System
    • Developed by custom and continues to be applied by the courts
    • Cases are seen as primary sources of law
    • Statutes are seen as incursions into the common law

    Judicial Precedent

    • A legal dispute brought before a court of law, with a decision already handed down by the court
    • Used to decide the outcome of future similar cases
    • Critical in English Common Law because the common law evolved from judge-made law
    • Doctrine of Stare Decisis: the principle of using judicial precedents

    3 Arms of Government

    • Legislature (Parliament and President): makes the law
    • Judiciary (Supreme Court Judges): interprets the law
    • Executive (President, Prime Minister, Cabinet, Civil Service, Police, AGC): administers/enforces the law

    Separation of Powers

    • Aims to:

      • Prevent any part of government from becoming too powerful
      • Protect rights and liberties of people
      • Ensure decisions are made properly and publicly
      • Accountability for decisions### Court of Appeal (CA)
    • Consists of the Chief Justice and the Justices of the Court of Appeal

    • An appeal before the CA is usually heard by 3 judges, but some cases may have a different number of judges

    • Decisions are made by the majority opinion of the judges hearing the case

    Jurisdiction of the CA

    • The CA has only appellate jurisdiction, meaning it does not have original jurisdiction
    • The CA has jurisdiction to hear:
      • All Criminal matters, except those tried at the District or Magistrates' Court, which can only be appealed to the High Court
      • Prescribed categories of Civil appeals set out in the Sixth Schedule to the Supreme Court of Judicature Act, but only if the subject matter of the Civil case is of a sufficient 'size' (minimum of $250,000)

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    Description

    This quiz covers the basics of law and the Singapore legal system, including the definition of law and its role in regulating society. Learn about the dynamic nature of law and how it's made, administered, and enforced by the state.

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