Submitted by: Submitted by angelicshan
Views: 236
Words: 4790
Pages: 20
Category: Other Topics
Date Submitted: 09/04/2012 04:25 AM
What is the definition of law?
It is the set of rights and obligations by which a community regulates it affairs.
What is the nature of business?
* Business is the art of providing goods and services with a view to making a profit
* A business has to deal with (a) Suppliers and (b) Customers
* It has to manage (c) Employees and compete with (d) Competitors
* It must also abide by government (e) Regulations such as paying taxes to environmental law
Source of law in Singapore:
Two major sources
(a) Legislation
* Statues or acts made by parliament
* E.g. Penal Code, Employment Act, Copyright Act, etc
(b) Case law or Common law
Criminal Proceedings
* To punish the perpetrator of the crime
* To deter others from committing the same crime
Civil Proceedings
* To seek remedy for a private wrong
| Criminal Proceedings | Civil Proceedings |
Parties | Public Prosecutor prosecutes the defendant | Plaintiff (Claimant) sues the defendant |
Decision of the Court | Guilty or not guilty | Liable or not liable |
Burden of Proof | Placed on the prosecution | Placed on the Claimant/Plaintiff |
Standard of Proof | The prosecution must prove the defendant’s guilt (beyond reasonable doubt) | The claimant must prove his case on a balance of probabilities (win or lose) |
Sanctions | Jail sentence, fine, caning, others | Damages, injunctions (stop), specific performance (enforce), others |
Acts of parliament are called statutes.
The legislature is the main law making body in Singapore. The Singapore legislature comprises the president and parliament.
Interpretation of Statutes - When considering the meaning of the statues, the courts are guided by four approaches.
Literal Rule
* Words in a statute which are not ambiguous are given their ordinary, literal meaning. (even if this leads to a decision which is unjust or undesirable)
* Inland Revenue Commissioners IV Hinchy (1960)
Golden Rule
* The...