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Court Structure (Jurisdiction), Leave, Brandon Tan Jun Yi TB01 …
Court Structure (Jurisdiction)
Supreme Court
Court of Appeal
Jurisdiction?
Appellate Criminal Cases
Appeal cases from the High Court involve the maximum punishment or the death penalty with exceptions for matters covering public interest.
Public Interest
Huge array of issues concerning the welfare of the public or society
Appellate Civil Cases
Appeal cases heard from the High Court that must involve at least $250,000 or leave is needed
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High Court
Jurisdiction?
Appellate Criminal Cases
Cases on appeal from State/Lower Family Justice Courts
Appellate Civil Cases
Cases on appeal from State/lower Family Justice Courts that involve at least $50,000 or leave is needed
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Original Criminal Cases
All cases, but usually more serious ones such as involving a life sentence or death penalty
Original Civil Cases
Cases heard must involve at least $250,000
Key Concepts
Jurisdiction
The power of a court to hear a case
Types of Jurisdiction?
Appellate
Appeal against a previous decision made by a court
Civil
Deals with civil disputes
Grants monetary damages/compensation to injured party
Court jurisdiction is measured in the type/size of claim involved
Original
First time hearings in a court
Criminal
Grants damages and sentences to convicted people
Court jurisdiction is based on the maximum punishment established in Legislation
Deals with an individual offences against the States
Sentencing Powers
Power of a court to pass a sentence convicting the accused
State Courts
District Court
Jurisdiction?
Original Civil Cases
Monetary claims of up to $250,000
Recovery of land claims of up to $250,000
Traffic accident or personal injury claims of up to $500,000
Original Criminal Cases
Offences of up to 10 years
Offences that are punishable with fine
Sentencing Powers?
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Imprisonment for a term not less than 10 years
Fine not exceeding $30,000
Up to 12 strokes of the cane
Magistrate's Court
Jurisdiction?
Original Civil Cases
Monetary claims of up to $60,000
Original Criminal Cases
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Offences of up to 5 years jail
Offences punishable with fine
Sentencing Powers?
Fine not exceeding $10,000
Up to 6 strokes of the cane
Imprisonment for a term not less than 3 years
Specialist Courts/Tribunals
Types of Specialist Courts/Tribunals
Small Claims Tribunal
Features of Small Claims Tribunal
No lawyers allowed
Maximum claim amount
$20,000
$30,000 if both parties consent
Presided by a referee
Must be lodged within 1 year
Characteristics of the Small Claims Tribunal
Fast and inexpensive (simplified procedure, no lawyer involved)
Informal (parties represent themselves)
Purpose is to mediate a settlement by reaching an agreement/compromise
Jurisdiction?
Civil jurisdiction
Covers civil disputes involving consumer contracts or provision of goods and services
Coroner's Court
Presided by a Coroner (Magistrate/District Judge/State Court Registrar)
Has no sentencing powers or sentencing funcations
Investigates the causes and circumstances of unnatural deaths
Has the same court hierarchy as a Magistrate's Court
Community Disputes Resolution Tribunal
Jurisdiction?
Only has civil jurisdiction
Involved in civil claims between neighbours
Involved in any dispute regarding the tort of interference with the enjoyment or use of a place of residence
Features of the Community Disputes Resolution Tribunal
Parties represent themselves, lawyers only allowed in limited circumstances
Based on the rights that everyone has the right to live peacefully without interference or nuisance
Established under the Community Dispute Resolution Act 2015
Employment Claims Tribunals
Jurisdiction?
Involved in employment related claims between prescribed classes of employees and employers
Only has civil jurisdiction
Features of Employment Claims Tribunals
Parties represent themselves, lawyers not allowed
Established under the Employment Claims Act 2015
Involves monetary compensation
Syariah Court
Jurisdiction
Involved on civil cases involving Sharia Law
Handles disputes involving Islamic culture or customs
Features of the Sharia Court
Applies Sharia Law (Muslim Customary Law)
Not part of the court hierarchy because its based on customary law and not legislation
Constituted under the Administration of Muslim Law Act (Cap. 3)
Benefits of Specialist Court/Tribunals
Public has easier access to law for straightforward, civil disputes
Most require parties to directly represent themselves, no need for lawyers (saves money and time)
Makes justice cheap, fast and efficient
Family Justice Courts
High Court (Family Division)
Jurisdiction?
Original Civil Case
Original Criminal Case
Appellate Criminal Case
Appellate Civil Case
Types of cases dealt with
Ancillary matters in family matters involving assets at least $5 million
Probates involving at least $5 million or involving the resealing of a foreign grant
Family Courts
Jurisdiction?
Original Criminal Jurisdiction
Original Civil Jurisdiction
Types of cases dealt with
Divorce cases and related matters
Applications for protection against family violence
Adoption and guardianship matters
Probate and ancillary matters in family proceedings involving assets of less than $5 million and succession matters
Deputyship cases
Provision of maintenance matters
Offers mediation and counselling services instead of adjucations
Youth Courts
Jurisdiction?
Original Civil Jurisdiction
Original Criminal Jurisdiction
Types of cases dealt with
Other cases
Children beyond parental control
Child protective cases
Cases involving children
(below 14) and
young persons
(14 to 16)
Purpose?
Reform and rehabilitate convicted youths
Serious enough offences like murder would still be tried in the High Court
Leave
Discretion of the courts to hear cases that fall below the jurisdiction limit
Brandon Tan Jun Yi
TB01
2102260C