Law chpt 1

• Law

  A system of rules that affect people's lives and activities. It creates legal rights and duties between different people.
• Main classification of law

  • Criminal law
  • Civil law
• Criminal law

  • Public element - The State is directly involved in enforcing criminal law, to protect the general public
  • Punishment - The Singapore courts can impose punishments such as the death penalty, imprisonment, fines, caning or probation
• Civil law

  • Private element - It involves a private dispute. The State will not directly intervene and the injured party has to decide whether to bring a civil lawsuit to claim compensation
  • Compensation - The main purpose of civil law is to compensate the injured party
• Sources of law in Singapore

  • Legislation - Laws made by Parliament or a person authorised by Parliament known as subsidiary legislation
  • Common law - Legal rules that come from case precedents
• How criminal cases are resolved

  1. Litigation process - Standard of proof for criminal cases r vy high -> Prosecution must prove beyond reasonable doubt that the offender committed the crime

  2. If Prosecution did not satisfy the burden of proof, the court will find the offender not guilty
• How civil disputes are resolved

  1. Civil litigation - standard of proof is lower. Plaintiff needs to show that their version is more likely correct

  2. Alternative dispute resolution (ADR) - Both parties must consent, mediators do not impose decisions, arbitrators make decisions
• Singapore has a common law legal system, with legislation and common law as the two main sources of law
• Singapore court system


  • Supreme Court - Court of Appeal (highest court, appellate jurisdiction) and High Court (appellate and original jurisdiction)
  • State Courts - District Courts and Magistrate's Courts (original jurisdiction)

  
• Appellate jurisdiction - where the court can review decisions made by the lower courts

  Original jurisdiction - where the court hear cases for the 1st time hears
• 
  

  High court hear claims: >$250,000

  State court:

  District court involve claims ($250,000<x>$60,000)

  Magistrate's court involve claims =<$60,000