Singapore Legal System

Questions and Answers

What is the name given to laws enacted by Parliament in Singapore?

Statutes

What is the term used to describe laws that are not written down?

Unwritten Law

What is the purpose of the Constitution of Singapore?

All of the above

Under which circumstances can a Presidential election be reserved for a particular community?

If the community has not held the office of President for 5 or more consecutive terms Signup and view all the answers

What is the minimum break time an employer must give to an employee who is required to work for 8 consecutive hours?

45 minutes Signup and view all the answers

What is the name of the website where Singaporean laws are available online?

<a href="https://sso.agc.gov.sg/">https://sso.agc.gov.sg/</a> Signup and view all the answers

What happens to a law that is inconsistent with the Constitution of Singapore?

It has no legal effect Signup and view all the answers

What is the term used to describe laws that are enacted by Parliament and are usually referred to as 'Acts'?

Statutes Signup and view all the answers

What is the primary purpose of criminal law?

To punish the criminal and deter others Signup and view all the answers

What is the burden of proof in civil cases?

On a balance of probabilities Signup and view all the answers

What is the role of the court in the legal system?

To provide a place for resolving disputes and punishing wrongdoers Signup and view all the answers

What is the outcome of a criminal trial?

Guilty or not guilty Signup and view all the answers

What is the relationship between law and morality?

Law and morality are distinct, but related Signup and view all the answers

What is the outcome of the Carrefour Singapore Pte Ltd v Leong Wai Kay case in terms of civil law?

Leong was liable for damages Signup and view all the answers

What is the key distinction between criminal and civil law?

Criminal law punishes wrongdoers, while civil law provides remedies for private wrongs Signup and view all the answers

What is an example of a civil law?

Contract Law Signup and view all the answers

According to s38(1)(i) of the Employment Act, what is the maximum number of consecutive hours an employee can be required to work?

8 hours inclusive of a period or periods of not less than 45 minutes in the aggregate Signup and view all the answers

What is the usual title of additional rules and regulations made by the minister or administrative body as empowered by statute?

Regulations or Rules Signup and view all the answers

What is the source of Judge Made Law?

Written judgments of judges Signup and view all the answers

When is a court bound to follow the legal principle in an earlier case?

When the earlier decision is made by a judge in a court that is superior to the judge deciding the current case Signup and view all the answers

What is the purpose of providing a period or periods of not less than 45 minutes in the aggregate during which an employee has the opportunity to have a meal?

To ensure the employee has time for a meal Signup and view all the answers

What is the main difference between a statute and a regulation?

A statute is made by the legislative branch while a regulation is made by the executive branch Signup and view all the answers

What is the term for the legal principle that a court is bound to follow in a later case if it is similar to an earlier case?

Stare decisis Signup and view all the answers

What is the main advantage of Judge Made Law?

It allows for flexibility and adaptation to changing circumstances Signup and view all the answers

What is an advantage of using a tribunal?

It is a cheap and quick process Signup and view all the answers

What is the maximum amount of civil claims that can be heard in the Magistrates’ Court?

$60,000 Signup and view all the answers

What type of cases can only be heard by the High Court?

Company Winding-Up Proceedings, Bankruptcy Proceedings, and Admiralty Matters Signup and view all the answers

What is the role of the Court of Appeal?

To hear appeals against judgments of the High Court Signup and view all the answers

Why is it important for the judge to ensure consistency in his decisions?

To ensure fairness and predictability Signup and view all the answers

Who can appeal against a judgment in a criminal matter in the Court of Appeal?

Both the defendant and the prosecutor Signup and view all the answers

What is the role of the Court of First Instance?

To hear the dispute for the first time Signup and view all the answers

What is the highest court in Singapore?

Court of Appeal Signup and view all the answers

What is the limit of the court's power to deal with different types of cases called?

Jurisdiction Signup and view all the answers

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

$250,000 Signup and view all the answers

How many Supreme Court judges usually preside over the Court of Appeal?

3 Signup and view all the answers

Which court hears an appeal against the decision of the Court of First Instance?

Appellate Court Signup and view all the answers

What is the maximum amount of claim that can be made in the Small Claims Tribunal?

$20,000 Signup and view all the answers

How long does the plaintiff have to bring a claim in the Small Claims Tribunal?

2 years from the date of entitlement to claim Signup and view all the answers

Which court can the losing party appeal to in the Small Claims Tribunal?

High Court Signup and view all the answers

What is the nature of the proceedings in the Small Claims Tribunal?

Informal and lawyers are not allowed to represent the parties Signup and view all the answers

Study Notes

What is Law?

Law: A body of rules to be obeyed
Legal System: Comprises institutions, laws, and ways to enforce the law (e.g., courts)
Function of the courts: Provides a place for resolving disputes, punish wrongdoers

Classification of Law

Criminal Law:
- Purpose: Punishment of the criminal, deterrence
- Examples: Penal Code (murder, rape), Arms Offences Act (armed robbery)
- Parties: Public Prosecutor, Accused/Defendant
- Burden of proof: Beyond reasonable doubt
- What the court decides: Guilty/Not Guilty
- What the court orders: Fine, imprisonment, caning, or death
Civil Law:
- Purpose: Defines rights and duties of individuals and businesses, provides remedies for private wrong
- Examples: Contract Law, Tort Law
- Parties: Plaintiff/Claimant, Defendant
- Burden of proof: On a balance of probabilities
- What the court decides: Liable/Not Liable
- What the court orders: Damages (monetary compensation), specific performance

Sources of Singapore Law

The Constitution of Singapore:
- Sets out the structure of government: executive, legislature, and judiciary
- Sets out fundamental rights of individuals (e.g., freedom of speech, freedom of religion, prohibition against slavery)
- Supreme law of the land: any other law inconsistent with the Constitution has no legal effect
Legislation (Statutes) enacted by Parliament:
- Written laws enacted by parliament
- Examples: Business Registration Act, Companies Act
- Available online at <a href="https://sso.agc.gov.sg/%5D(https://sso.agc.gov.sg/)">https://sso.agc.gov.sg/</a>
Subsidiary Legislation:
- Additional rules and regulations made by the minister or administrative body as empowered by statute
- Examples: Workplace Safety and Health (First Aid) Regulations, Bankruptcy Rules
Common Law:
- Judge-made law
- After a judge has finished hearing a dispute, he will prepare a written judgment
- In his judgment, the judge may lay down certain legal rules or principles
- These rules become part of the common law

Singapore Court Structure

Court of Appeal:
- Hears appeals against judgments of the High Court in civil and criminal matters
- Presided by 3 Supreme Court judges
- Highest court in Singapore: no further right of appeal
High Court:
- Unlimited jurisdiction for both civil and criminal matters
- Can hear company winding-up proceedings, bankruptcy proceedings, and admiralty matters
District Court:
- Limited to civil claims not exceeding $250,000 or up to $500,000 for road traffic accident claims or claims for personal injuries arising out of industrial accidents
Magistrates' Court:
- Limited to civil claims not exceeding $60,000
Small Claims Tribunal:
- Limited to claims not exceeding $20,000 (can be increased to $30,000 if both parties agree in writing)
- Informal proceedings: parties conduct their own proceedings before a Referee who is legally trained

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Description

Test your knowledge of the Singapore legal system, including the definition of law, classification of law, sources of Singapore law, and the Singapore court structure.