Intro to Law

Legal Environment

Introduction to Law

Law: a set of rules

Importance to business: various aspects involve legal implications

Importance to businessman: can prevent basic problems, protect his interest and assess legal position

Sources of law:

Legislation or statutory law Case law or common law

Statutes or acts made by parliament and (eg: penal code, employment act) subsidiary legislation made by various admin bodies pursuant to powers given by the statutes. Judges write the case. Judgment of a litigation becomes a case.

Doctrine of precedent: future cases that are the same will be bound by the earlier decisions of made by a higher court in the same hierarchy

Changes in law: prospective effects

International conventions: decide international problems

Types of law:

Criminal Proceedings Civil Proceedings

Against wrongful conduct and punishing perpetrator Regulating private rights and obligations between parties

Jail or fine or cane Compensate in forms of damages, injunctions, specific performance, others

Public Prosecutor v defendant or accused Plaintiff v defendant

Discretion to act on state (generally) or aggrieved party filing magistrate’s complaint Discretion to act on plaintiff

Burden of proof : public prosecutor must prove beyond reasonable doubt Plaintiff must prove on the balance of probabilities (preponderance of evidence)

Guilty or not guilty Liable or not liable

Methods of resolving civil disputes

1. Negotiation

2. Litigation

Having a trial in court

Subordinate Courts (Magistrates’ Courts and District Court)

High Court (above $250 000): exercise appellate jurisdiction

Court of Appeal

High Court and Court of Appeal makes the Supreme Court

3. Mediation

Formalised negotiation - with no judgement but settlements, both parties must agree

Singapore Mediation Centre – non-profit organization, not free, mediators not judge but usually a professional

Primary Dispute Resolution Centre (at subordinate...