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Introduction to singapore law (Common Law system (System (methods,…
Introduction to singapore law
Definition of law
A body of Rules, recognized as binding among the persons, that can be imposed upon them and enforceable in the court of law
A ' set of rues and obligations which must be obeyed'
they vary form country to country
What is law
Dynamic not static
new laws can be made (enacted)
Existing law can be Changed (amended)
Some laws are removed totally (repeated)
decriminalization of law
legalization which makes something legal when it was previously illegal
need law to maintain order and certainty, regulates the affairs and conduct of parties and protection of rights/ enforcement of obligations
importance of law in the business world
areas involving law
setting new business
renting premises
paying tax
buying equipment/ buying from suppliers
hiring workers
closing down of business
Importance
make better business decision / manage business better
aviod legal problems from arising / handle problems if they should arise
save runnig cost
classification of law
contract law
buying and selling of things
criminal law
offence committed
family law
marriage, divorce, family life
Employment law
job
probate and intestacy law
deal with the deceased assets
Criminal VS Civil law
criminal law (murder or thieft)
governs the conduct of subjects against the state, or deemed harmful or offensive to the society
example: public prosecutor vs Tan Khoon Shan Terrence (2012)
party representing state is known as public prosecutor or attorney general. the person prosecutes is known as accused or defendant
No limitation
IF accused is found guilty, he will be punished according to aw
punishment ranges from fine to imprisonment, caning or death will deped on the seriousness of the offence
civil law (contract, negligence, defamation, family)
Governs the rights and obligations of private parties dealing with each other
Example: Juring Town Corp VS Dauphin Shipyard Pte Ltd (2012)
undergo civil suit or trail where there will be defendant and plaintiff
limitation period
person or companies suing each other
loser pays damages to
compensate
winner
Common Law system
known as 'judge-made law' or case law
Different form status or legalization
based on part decisions in court
covers many areas of law
Doctrine of 'stare decisis' (let the decision stand)
law reports
System
methods, structures used to deal wiht legal precedures
use of legal precedents
decisions od higher court binf lower courts
'imported' from the UK
sources of law
the constitution of Singapore (statutes online)
legislation (statutes, act of parliament)
common law (Case law)
internationsal conventions, treaties (rectify the law)
English law
Legislation
supreme law of the land and contains fundamental set of law governing the running of country and rights of individual
officially known as an act of parliament but can also be refered as a 'statute'
provisions are claled 'sections' or 'paragraph'
most but not all statutes passed down by parliament ends with 'act'
eg: penal code
statutes covers almost every aspect of a person life from life till death
subsidiary legislation
rules and regulations or order
written law
contains details of specific act
expeditions, flexible, tied to parent act
eg: bankruptcy act (statute) and bankruptcy rule (subsidiary legislation)
rule of law
no one is above the law
legal equity
all are equal in accordance to the law
law of land govern every decision, no arbitrary actions
presumption of innocence
laws, including constitutional rights, arise from basic natural rights and not reserves
constitution
supreme law of the land and contains fundamental set of law governing the running of country and rights of individual
all laws enacted cannot conflict or be inconsistent with the constitution
provisions are called 'articles' which includes fundamental rights of citizens
includes structure of government
qualifications for important positions
acqusition and deprivation of citizenship
to amend the law would require 2/3 referendum