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Questions and Answers
What is the name given to laws enacted by Parliament in Singapore?
What is the name given to laws enacted by Parliament in Singapore?
- Statutes (correct)
- Constitution
- Common Law
- Subsidiary Legislation
What is the term used to describe laws that are not written down?
What is the term used to describe laws that are not written down?
- Written Law
- Unwritten Law (correct)
- Common Law
- Subsidiary Legislation
What is the purpose of the Constitution of Singapore?
What is the purpose of the Constitution of Singapore?
- To set out the fundamental rights of individuals
- To define the structure of government
- To outline the role of the judiciary
- All of the above (correct)
Under which circumstances can a Presidential election be reserved for a particular community?
Under which circumstances can a Presidential election be reserved for a particular community?
What is the minimum break time an employer must give to an employee who is required to work for 8 consecutive hours?
What is the minimum break time an employer must give to an employee who is required to work for 8 consecutive hours?
What is the name of the website where Singaporean laws are available online?
What is the name of the website where Singaporean laws are available online?
What happens to a law that is inconsistent with the Constitution of Singapore?
What happens to a law that is inconsistent with the Constitution of Singapore?
What is the term used to describe laws that are enacted by Parliament and are usually referred to as 'Acts'?
What is the term used to describe laws that are enacted by Parliament and are usually referred to as 'Acts'?
What is the primary purpose of criminal law?
What is the primary purpose of criminal law?
What is the burden of proof in civil cases?
What is the burden of proof in civil cases?
What is the role of the court in the legal system?
What is the role of the court in the legal system?
What is the outcome of a criminal trial?
What is the outcome of a criminal trial?
What is the relationship between law and morality?
What is the relationship between law and morality?
What is the outcome of the Carrefour Singapore Pte Ltd v Leong Wai Kay case in terms of civil law?
What is the outcome of the Carrefour Singapore Pte Ltd v Leong Wai Kay case in terms of civil law?
What is the key distinction between criminal and civil law?
What is the key distinction between criminal and civil law?
What is an example of a civil law?
What is an example of a civil law?
According to s38(1)(i) of the Employment Act, what is the maximum number of consecutive hours an employee can be required to work?
According to s38(1)(i) of the Employment Act, what is the maximum number of consecutive hours an employee can be required to work?
What is the usual title of additional rules and regulations made by the minister or administrative body as empowered by statute?
What is the usual title of additional rules and regulations made by the minister or administrative body as empowered by statute?
What is the source of Judge Made Law?
What is the source of Judge Made Law?
When is a court bound to follow the legal principle in an earlier case?
When is a court bound to follow the legal principle in an earlier case?
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?
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?
What is the main difference between a statute and a regulation?
What is the main difference between a statute and a regulation?
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?
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?
What is the main advantage of Judge Made Law?
What is the main advantage of Judge Made Law?
What is an advantage of using a tribunal?
What is an advantage of using a tribunal?
What is the maximum amount of civil claims that can be heard in the Magistrates’ Court?
What is the maximum amount of civil claims that can be heard in the Magistrates’ Court?
What type of cases can only be heard by the High Court?
What type of cases can only be heard by the High Court?
What is the role of the Court of Appeal?
What is the role of the Court of Appeal?
Why is it important for the judge to ensure consistency in his decisions?
Why is it important for the judge to ensure consistency in his decisions?
Who can appeal against a judgment in a criminal matter in the Court of Appeal?
Who can appeal against a judgment in a criminal matter in the Court of Appeal?
What is the role of the Court of First Instance?
What is the role of the Court of First Instance?
What is the highest court in Singapore?
What is the highest court in Singapore?
What is the limit of the court's power to deal with different types of cases called?
What is the limit of the court's power to deal with different types of cases called?
What is the maximum amount of civil claims that can be heard in the District Court?
What is the maximum amount of civil claims that can be heard in the District Court?
How many Supreme Court judges usually preside over the Court of Appeal?
How many Supreme Court judges usually preside over the Court of Appeal?
Which court hears an appeal against the decision of the Court of First Instance?
Which court hears an appeal against the decision of the Court of First Instance?
What is the maximum amount of claim that can be made in the Small Claims Tribunal?
What is the maximum amount of claim that can be made in the Small Claims Tribunal?
How long does the plaintiff have to bring a claim in the Small Claims Tribunal?
How long does the plaintiff have to bring a claim in the Small Claims Tribunal?
Which court can the losing party appeal to in the Small Claims Tribunal?
Which court can the losing party appeal to in the Small Claims Tribunal?
What is the nature of the proceedings in the Small Claims Tribunal?
What is the nature of the proceedings in the Small Claims Tribunal?
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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 https://sso.agc.gov.sg/
- 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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