Seminar 1: Chapter 1 – 3
What is Law?
• Essentially prescribe a course of conduct/what ought to be
• A set of norms created & maintained pursuant to some legal authority within a legal system
• May be used for oppression, not always right, can be abused
• May or may not have a punitive effect
Classifications of Law
• Private v Regulatory (Public): Private law (e.g., family, contract, property) affects the rights and
obligations of individuals, families, businesses & small groups, whereas regulatory law (e.g.
criminal, constitutional) involves interrelations between the state and the general population.
• Substantive v Procedural: They work together to ensure that in a criminal or civil case, the
appropriate laws are applied, and the proper procedures are followed to bring the case to trial.
Substantive laws consist of written statutory rules passed by legislature that govern how people
behave. These rules/laws define crimes & set forth punishments and they define our rights &
responsibilities as citizens. (tort & contract law)
Procedural laws govern the mechanics of how a legal case flows, including steps to process a
case. (civil procedure, rules of evidence, statute of limitations, jurisdiction)
• Civil v Criminal: A criminal case is prosecuted by the State against the accused person,
whereas a civil lawsuit is initiated by one party (plaintiff) against the other disputing party
(defendant). (private v public rights)
Civil Law Criminal Law
1. Compensate innocent party for damages 1. To punish or deter potential criminals from
or losses suffered or incurred due to alleged committing offences
wrongdoing of other party
2. Speak in terms of “remedies” to 2. Offender may suffer consequences in
compensate the innocent party terms of a jail term/fine or both; generally no
direct compensation from wrongdoer to victim
3. Plaintiff has to prove his/her case against 3. Prosecution has to prove beyond
the defendant merely on a balance of reasonable doubt that the accused has
probabilities committed the offence as charged
• Common (Case) v Civil:
Common Law Civil Law
1. Requires judges to abide by the previous 1. Generally place less weight on prior judicial
decisions made by the superior courts within decision and do not abide by the doctrine of
the court hierarchy (stare decisis) stare decisis
2. Adopt an adversarial approach in litigation 2. Tend to take a more active role in finding of
between disputing parties evidence to decide the outcome of the case
3. Developed numerous legal principles 3. More reliant on general & comprehensive
based on previous cases, uncodified written codes governing a wide spectrum of
areas, codified
• Domestic v International: Domestic law of a country apply generally to its citizens or to activities
undertaken within its territorial boundaries and might differ quite significantly from laws of
another country. On the other hand, international law (see bottom) ...
International Law (Public vs Private)
• Public: Set of law which governs & regulates the relationships between sovereign states & the
international legal system
• Private: Deals with cases involving foreign elements such as issues relating to the applicable
governing law in Internet defamation or transborder litigation
Jurisdictions before Independence
• Singapore was under 3 jurisdictions before independence; British, Japanese & Malaysian
,The Constitution
CONSTITUTION
Executive Legislature Judiciary
Elected President Elected President Supreme Court
(Head of State) + +
+ Members of State Courts
Prime Minister Parliament
(Head of Government
& Cabinet)
Law-making body: Adjudicates disputes
Implements & Makes written law between litigants.
enforces the enacted = Parent Legislation
laws (and promulgates = Statute Judges’ decision
subsidiary legislation) = Act of Parliament = Case Law
• The most fundamental legal document within the Singapore legal system; the supreme law
of Singapore, and any law enacted by the Legislature after the commencement of this
Constitution that is inconsistent with the Constitution shall be void.
• It describes precisely the respective powers, roles and responsibilities of the three main
arms of the state’s legal system
• It entrenches certain fundamental rights, such as freedom of religion, freedom of speech
and equal protection under the law
• These individual rights are not absolute but qualified by public interest such as the
maintenance of public order, morality and national security
• Provisions of the Constitution may be amended by the votes of two-thirds the total number
of elected Members of Parliament (Article 5(2A))
The Legislature (law-making body)
• Makes written law in Singapore & comprises of the elected President and the Parliament
• The Parliament, consists of the Members of Parliament (MP) and the parliamentary
proceedings are presided over by the Speaker of Parliament
• Statute: formal, written law
The Executive
• Executes & implements laws as written by the Legislature and interpreted by the Judiciary
• Consists of the Elected President and the Cabinet
The Judiciary
• Primary role is to adjudicate disputes between the litigating parties & serve as an
independent check on the Legislature and the Executive within the adjudicative process
• Empowered to review the constitutionality of legislation as well as to review the decisions
& actions of administrative authorities
The Parliamentary Law-Making Process
• The law-making process begins with a Bill drafted by Attorney General’s Chambers (AGC)-
Civil
• Bill is introduced into Parliament at the First Reading
• During Second Reading the Bill is debated (might be referred to a Select Committee for
scrutiny and amendment where needed)
• In the Third Reading, any amendments made are debated before Bill is put to vote
• Bill scrutinized by Presidential Council for Minority Rights to ensure no racial or religious
community is disadvantaged
• Bill then receives Presidential Assent; formally enacted as “written law” (Act of Parliament)
• Legislation only comes to force on the date it is published in the Government Gazette.
,Common Law (Case Law)
• Under common law tradition, the judge is required to consider the relevance & effect of previous
court decisions to decide the outcome of the case in accordance with the doctrine of judicial
precedent
• It consists of past legal decisions written by courts and similar tribunals in deciding cases
• The application of case law is used during the decision of cases, in which the law is used to
resolve ambiguities in current cases
Doctrine of Judicial Precedent
• Also known as stare decisis, which means “to stand by the decision”
• Requires judges to abide by the previous decisions made by the superior courts within the court
hierarchy (horizontal – own precedent vs vertical – precedent from higher court)
• Promotes uniformity and consistency of decision within court hierarchy as judges are not
permitted to reach a decision merely based on his/her whim or fancy
• This lends a measure of certainty to the law for potential litigants
• Doctrine is consistent with the respect accorded to the hierarchy within the court system which
is usually based on the experience and seniority of the judges
Binding Precedent: It is the reason for the decision (ratio decidendi) of a higher court that must be
followed by a lower court in the same court hierarchy
Persuasive Precedent: It is the reason for the decision of another court that is not binding but is relevant
to the current case and is important
Ratio decidendi: The reason for the decision; if the particular legal principle or statement in a previous
decision is regarded as ratio decidendi, judge as to abide by it assuming that the previous decision was
made by a higher court in within the court hierarchy
Obiter dictum: A statement, made by the way; if the particular legal principle in a previous decision is
regarded as obiter dictum, the judge is not required to abide by it in the present case, even if previous
decision was made by a higher court within the hierarchy
Role of Law in Business
• The purpose and functions of business law include maintaining order, protecting rights &
liberties, establishing standards, and resolving disputes when it comes to business and their
interactions with individuals, government, agencies & other businesses
• When would business encounter the law? Business face the law in a myriad of situations, from
business licensing to foreign work/worker policies. Purchasing goods & services from another
organization can result in legal actions if payment is late or there is a breach in payment terms
previously set out in their contract. In recent years, the PDPA Act requires all companies to
appoint at least 1 Data Protection Officer to ensure companies complies with the PDPA.
The Equity
• A system which utilizes principles of fairness and justice to address weakness & defects present
in the rigid common law system
• Ensures that remedies are provided for claims placed that did not fit the categories under
common law, which would otherwise be thrown out, thus complementing the existing law
system
• In local context under the Singapore Civil Law Act, Singapore courts are empowered to utilize
common law as well as equity concurrently to ensure comprehensive coverage of the law
, The Court Structure & Hierarchy in Singapore
Constitutional
Court of Appeal
Tribunal
Supreme
Court
High Court
(including the SICC)
State District Courts Magistrates’ Coroners’ Youth Small Claims Community
(including the
Courts Courts Courts Courts Tribunal Courts
Family Courts)
Court of Appeal
• Highest court in the land; comprises of the Honourable Chief Justice and Judge(s) of Appeal
• Appeals for civil and criminal jurisdiction arising from the decision of the High Court and State
Courts are heard here
• Instrumental in maintaining & enhancing the administration of justice
High Court
• Hears cases at first instance and civil appeals from the District & Magistrates’ courts
• Has appellate criminal jurisdiction over criminal appeals from the District & Magistrates’ courts
and in respect of points of law reserved by special cases submitted by those courts
• Under the doctrine of judicial precedent, the Singapore High Court is bound by the prior
decisions of the Court of Appeal with the exception of:
o The facts of the present dispute can be materially distinguished from the facts in the
previous decision of the higher court so as to render the ratio decidendi of the previous
decision inapplicable; or
o The legal principle embodied in the previous decision of the higher court & sought to
be applied to the dispute at hand was merely obiter dictum, hence not binding to the
lower court
State Courts of Singapore
• District & Magistrates’ Court share the same powers over specific matters such as contractual
or tortious claims for a debt, demand or damage, and actions for the recovery of monies
o However, the jurisdictional monetary limits in civil matters for the Magistrate’s & District
Courts are $60,000 & $250,000 respectively
o The courts also differ in terms of criminal sentencing power; imprisonment terms
imposed by Magistrates’ Courts are limited to three years as compared to ten years by
the District Courts
• The Small Claims Tribunal (SCT) offers speedy, cost-effective and informal process (without
legal representation) for the disposition of small claims with a monetary limit of $20,000
provided the disputing parties consent in writing
o SCT hears claims in respect of contracts for the sale of goods and the provision of
services, tort claims in respect of property damage (excluding motor vehicles) and
disputes relating to leases of residential premises for a leases period of <2 years
LawNet
• Reported case citations: [2004] (Year) 2 (Vol.) SLR (Reporter) 594 (Pg.)
*more legal significance
• Neutral case citations: [2005] (Year of decision) SGCA (Court) 3 (Case Number)
• Cardiff Index to legal abbreviations
What is Law?
• Essentially prescribe a course of conduct/what ought to be
• A set of norms created & maintained pursuant to some legal authority within a legal system
• May be used for oppression, not always right, can be abused
• May or may not have a punitive effect
Classifications of Law
• Private v Regulatory (Public): Private law (e.g., family, contract, property) affects the rights and
obligations of individuals, families, businesses & small groups, whereas regulatory law (e.g.
criminal, constitutional) involves interrelations between the state and the general population.
• Substantive v Procedural: They work together to ensure that in a criminal or civil case, the
appropriate laws are applied, and the proper procedures are followed to bring the case to trial.
Substantive laws consist of written statutory rules passed by legislature that govern how people
behave. These rules/laws define crimes & set forth punishments and they define our rights &
responsibilities as citizens. (tort & contract law)
Procedural laws govern the mechanics of how a legal case flows, including steps to process a
case. (civil procedure, rules of evidence, statute of limitations, jurisdiction)
• Civil v Criminal: A criminal case is prosecuted by the State against the accused person,
whereas a civil lawsuit is initiated by one party (plaintiff) against the other disputing party
(defendant). (private v public rights)
Civil Law Criminal Law
1. Compensate innocent party for damages 1. To punish or deter potential criminals from
or losses suffered or incurred due to alleged committing offences
wrongdoing of other party
2. Speak in terms of “remedies” to 2. Offender may suffer consequences in
compensate the innocent party terms of a jail term/fine or both; generally no
direct compensation from wrongdoer to victim
3. Plaintiff has to prove his/her case against 3. Prosecution has to prove beyond
the defendant merely on a balance of reasonable doubt that the accused has
probabilities committed the offence as charged
• Common (Case) v Civil:
Common Law Civil Law
1. Requires judges to abide by the previous 1. Generally place less weight on prior judicial
decisions made by the superior courts within decision and do not abide by the doctrine of
the court hierarchy (stare decisis) stare decisis
2. Adopt an adversarial approach in litigation 2. Tend to take a more active role in finding of
between disputing parties evidence to decide the outcome of the case
3. Developed numerous legal principles 3. More reliant on general & comprehensive
based on previous cases, uncodified written codes governing a wide spectrum of
areas, codified
• Domestic v International: Domestic law of a country apply generally to its citizens or to activities
undertaken within its territorial boundaries and might differ quite significantly from laws of
another country. On the other hand, international law (see bottom) ...
International Law (Public vs Private)
• Public: Set of law which governs & regulates the relationships between sovereign states & the
international legal system
• Private: Deals with cases involving foreign elements such as issues relating to the applicable
governing law in Internet defamation or transborder litigation
Jurisdictions before Independence
• Singapore was under 3 jurisdictions before independence; British, Japanese & Malaysian
,The Constitution
CONSTITUTION
Executive Legislature Judiciary
Elected President Elected President Supreme Court
(Head of State) + +
+ Members of State Courts
Prime Minister Parliament
(Head of Government
& Cabinet)
Law-making body: Adjudicates disputes
Implements & Makes written law between litigants.
enforces the enacted = Parent Legislation
laws (and promulgates = Statute Judges’ decision
subsidiary legislation) = Act of Parliament = Case Law
• The most fundamental legal document within the Singapore legal system; the supreme law
of Singapore, and any law enacted by the Legislature after the commencement of this
Constitution that is inconsistent with the Constitution shall be void.
• It describes precisely the respective powers, roles and responsibilities of the three main
arms of the state’s legal system
• It entrenches certain fundamental rights, such as freedom of religion, freedom of speech
and equal protection under the law
• These individual rights are not absolute but qualified by public interest such as the
maintenance of public order, morality and national security
• Provisions of the Constitution may be amended by the votes of two-thirds the total number
of elected Members of Parliament (Article 5(2A))
The Legislature (law-making body)
• Makes written law in Singapore & comprises of the elected President and the Parliament
• The Parliament, consists of the Members of Parliament (MP) and the parliamentary
proceedings are presided over by the Speaker of Parliament
• Statute: formal, written law
The Executive
• Executes & implements laws as written by the Legislature and interpreted by the Judiciary
• Consists of the Elected President and the Cabinet
The Judiciary
• Primary role is to adjudicate disputes between the litigating parties & serve as an
independent check on the Legislature and the Executive within the adjudicative process
• Empowered to review the constitutionality of legislation as well as to review the decisions
& actions of administrative authorities
The Parliamentary Law-Making Process
• The law-making process begins with a Bill drafted by Attorney General’s Chambers (AGC)-
Civil
• Bill is introduced into Parliament at the First Reading
• During Second Reading the Bill is debated (might be referred to a Select Committee for
scrutiny and amendment where needed)
• In the Third Reading, any amendments made are debated before Bill is put to vote
• Bill scrutinized by Presidential Council for Minority Rights to ensure no racial or religious
community is disadvantaged
• Bill then receives Presidential Assent; formally enacted as “written law” (Act of Parliament)
• Legislation only comes to force on the date it is published in the Government Gazette.
,Common Law (Case Law)
• Under common law tradition, the judge is required to consider the relevance & effect of previous
court decisions to decide the outcome of the case in accordance with the doctrine of judicial
precedent
• It consists of past legal decisions written by courts and similar tribunals in deciding cases
• The application of case law is used during the decision of cases, in which the law is used to
resolve ambiguities in current cases
Doctrine of Judicial Precedent
• Also known as stare decisis, which means “to stand by the decision”
• Requires judges to abide by the previous decisions made by the superior courts within the court
hierarchy (horizontal – own precedent vs vertical – precedent from higher court)
• Promotes uniformity and consistency of decision within court hierarchy as judges are not
permitted to reach a decision merely based on his/her whim or fancy
• This lends a measure of certainty to the law for potential litigants
• Doctrine is consistent with the respect accorded to the hierarchy within the court system which
is usually based on the experience and seniority of the judges
Binding Precedent: It is the reason for the decision (ratio decidendi) of a higher court that must be
followed by a lower court in the same court hierarchy
Persuasive Precedent: It is the reason for the decision of another court that is not binding but is relevant
to the current case and is important
Ratio decidendi: The reason for the decision; if the particular legal principle or statement in a previous
decision is regarded as ratio decidendi, judge as to abide by it assuming that the previous decision was
made by a higher court in within the court hierarchy
Obiter dictum: A statement, made by the way; if the particular legal principle in a previous decision is
regarded as obiter dictum, the judge is not required to abide by it in the present case, even if previous
decision was made by a higher court within the hierarchy
Role of Law in Business
• The purpose and functions of business law include maintaining order, protecting rights &
liberties, establishing standards, and resolving disputes when it comes to business and their
interactions with individuals, government, agencies & other businesses
• When would business encounter the law? Business face the law in a myriad of situations, from
business licensing to foreign work/worker policies. Purchasing goods & services from another
organization can result in legal actions if payment is late or there is a breach in payment terms
previously set out in their contract. In recent years, the PDPA Act requires all companies to
appoint at least 1 Data Protection Officer to ensure companies complies with the PDPA.
The Equity
• A system which utilizes principles of fairness and justice to address weakness & defects present
in the rigid common law system
• Ensures that remedies are provided for claims placed that did not fit the categories under
common law, which would otherwise be thrown out, thus complementing the existing law
system
• In local context under the Singapore Civil Law Act, Singapore courts are empowered to utilize
common law as well as equity concurrently to ensure comprehensive coverage of the law
, The Court Structure & Hierarchy in Singapore
Constitutional
Court of Appeal
Tribunal
Supreme
Court
High Court
(including the SICC)
State District Courts Magistrates’ Coroners’ Youth Small Claims Community
(including the
Courts Courts Courts Courts Tribunal Courts
Family Courts)
Court of Appeal
• Highest court in the land; comprises of the Honourable Chief Justice and Judge(s) of Appeal
• Appeals for civil and criminal jurisdiction arising from the decision of the High Court and State
Courts are heard here
• Instrumental in maintaining & enhancing the administration of justice
High Court
• Hears cases at first instance and civil appeals from the District & Magistrates’ courts
• Has appellate criminal jurisdiction over criminal appeals from the District & Magistrates’ courts
and in respect of points of law reserved by special cases submitted by those courts
• Under the doctrine of judicial precedent, the Singapore High Court is bound by the prior
decisions of the Court of Appeal with the exception of:
o The facts of the present dispute can be materially distinguished from the facts in the
previous decision of the higher court so as to render the ratio decidendi of the previous
decision inapplicable; or
o The legal principle embodied in the previous decision of the higher court & sought to
be applied to the dispute at hand was merely obiter dictum, hence not binding to the
lower court
State Courts of Singapore
• District & Magistrates’ Court share the same powers over specific matters such as contractual
or tortious claims for a debt, demand or damage, and actions for the recovery of monies
o However, the jurisdictional monetary limits in civil matters for the Magistrate’s & District
Courts are $60,000 & $250,000 respectively
o The courts also differ in terms of criminal sentencing power; imprisonment terms
imposed by Magistrates’ Courts are limited to three years as compared to ten years by
the District Courts
• The Small Claims Tribunal (SCT) offers speedy, cost-effective and informal process (without
legal representation) for the disposition of small claims with a monetary limit of $20,000
provided the disputing parties consent in writing
o SCT hears claims in respect of contracts for the sale of goods and the provision of
services, tort claims in respect of property damage (excluding motor vehicles) and
disputes relating to leases of residential premises for a leases period of <2 years
LawNet
• Reported case citations: [2004] (Year) 2 (Vol.) SLR (Reporter) 594 (Pg.)
*more legal significance
• Neutral case citations: [2005] (Year of decision) SGCA (Court) 3 (Case Number)
• Cardiff Index to legal abbreviations
