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Society, Business & The Law, Contract, Tort & Criminal Law can…
- Society, Business & The Law
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Legal Traditions
Common Law
Equity
not very applicable now since all courts are empowered to apply both common law and equitable principles
Law Reports
Singapore Law reports cover cases & court judgements from 2010 - present with systematic citations corresponding to year, volume, page of the report yearbook.
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Classification of Laws
Civil Law & Criminal Law
Civil Law
- Business Law (contract & torts)
- Probate & Succession
- Family Law
- Law of Evidence
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Law of Torts
- governs rights & obligations of persons
Criminal Law
- prosecuted by the state
- harmful to society and communities
- some business conducts can fall under criminal offences
Case Law & Statutory Law
Case Law
- judge-made rules are case law
- statutes are more important sources of law esp in business
- also called common law
Statutory Law
- laws enacted by legislation (parliament)
- impt in business law due to increasing gov intervention
Public Law & Private Law
Public Law
- government involved
- constitutional law, administrative law, taxation and criminal law
Private Law
- private individuals
- contract, tort, family law
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Ratio and Dictum
Ratio
- ratio decidendi: rationale for the decision, a principle or rule of law that forms the basis of a court judgement
- ratio has binding authority
Dictum
- dictum is a statement of law that is not necessary for deciding the case/judgement
- dictum has only persuasive authority
- dictums of higher courts and decisions of other courts can be cited to support the trial but not binding
Civil Law
Reliance on codified Law
- law is legislation & written codes
- civil code, commercial code & criminal code
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Contract, Tort & Criminal Law can OVERLAP & be charged for all three. Think deepwater horizon.
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- meaning & function of the law
- sources of law in Singapore
- judicial precedent / stare decisis
- enactment of statutes & interpretation
- Law is a set of rights and obligations by which a community regulates its affairs
- the basic unit which a legal system operates within
- the territory that is governed by the same laws (eg. Johor is not part of the singapore jurisdiction but tampines is)
- legal = geographical jurisdiction unless cross-border transactions & cyberspace transactions
- can also describe the limit of authority of the court. (eg. district court has no jurisdiction to hear disputes claims above $250,000)
- Originated with the Romans
- Descended into europe
- deductive reasoning: starts off with general principles and applied to particular cases
- Originated in England
- Singapore, HK, US, Malaysia & Oceania adopts this
- inductive reasoning: starts off with particular cases and proceeds to derive general rules
- to complement, soften & override harsh application of legal rules
- new rights and new remedies
- Trusts rights & Injunctions & Specific Performance
- in civil cases: 1st party = plaintiff & the latter party is the defendant
(eg. Black v Smallwood)
- in criminal cases: 1st party = public prosecutor (PP v Boh Soon Ho)
- defendant always appear second, unless appeal
- stare decisis: to stand by decisions
- past cases decided by superior courts are binding and authoritative for future cases
- criminal law punishes wheras civil law compensates plaintiff
- business law comes from both public and private law
- business law lies mainly in substantive rules rather than procedural rules
- Facilitates Business (transactions & agreements)
- Regulates business activity (government intervention to encourage and discourage activities)
- Adjudicates disputes (process of litigation, mediation & arbitration)