Legal research and writing
Assignment
Introduction:
The legal system in singapore is very transparent and is very effective which has made the country have tremendous growth and it was also stated that singapore is the second least risky in Asia. The law of singapore is based on the english common law.The basic function of the singapore court system is to provide justice to the people of our country . the judiciary is made up of supreme courts and state court which was called as subordinate court in the past. The supreme court listens to cases related to criminal and civil, The courts which comes under the supreme court is court of appeal and high court. The state courts are district court, magistrates court, juvenile court, coroners court and small claims tribunals.
The singapore court system
Supreme court
The supreme court of singapore was established in the year 1970. The judge can work until he/she might turn 65 and also at times they may be reappointed. This court consist of the court of appeal and the high court.
The court of appeal
The the court of appeals is the highest court of the nation and it is the fourth of final appeal. It is the upper division of supreme court. Where it only deal with the final hearing of all the civil and criminal cases. And in this court the cases are handled by less than three or more than three judges.
High court
The high court deals with both criminal and civil cases.it mainly deals with proceedings like company winding up, bankruptcy and application for admission of advocate and solicitor. And the high court deals with the cases which exceeds the value of $250000. It mainly deals with the cases inside Singapore. And only certain major cases of the countries are handled by high court. And the the criminal cases which exceeds the punishment of teen years is handled by the high court.
District court
The district court also handles both civil and criminal cases where when it comes to civil case the action for reconary should not exceed $60000 and in the case of criminal case the court can give maximum imprisonment that does not exceed ten years of imprisonment and unto 12 strokes of the cane.
Magistrate court
The magistrate court does not deals with the case which is exceeding $60000. And the fourth also deals with the maximum imprisonment of 3 or below 3 years the maximum fine the magistrate court can impose is $2000 and it an sentence a maximum of six cane stokes
Juvenile court
A juvenile court is nothing but a court that deals with offences did by children who are below 14 years. It also deals with children who are beyond parental control cases (BPC). And this court provides special counting for the children who are convicted.
Coroners court
The corners court only deals with injuries and death which occurs due to violence, suicide, road traffic and industrial accident. Even death in prison also comes under this court. Where the affected person or the family can file the case and get their claims or the final settlement
Small claims tribunal
The small claim tribunal court deals with the consumer and and the supplier problems. It also deals with the customer satisfaction were the consumer can claim his rights here. The claim done by the consumer should not exceed $10000 but in some cases it should not exceed $20000. For example the consumer can claim when the quality of the product is really bad or if he gets cheated by his supplier.
Family court
The family court deals with the family issues. Where cases like divorcee, adoption, children issue and division of property is dealt here. Division of family property can also be handled in this court because it is a family property and the case comes under the joint family system. The Territory is bound only till the extent of the country. For example there may be a problem between a brothers in the family for family asset o the case can be proceeds in this court.
Night court
The night courts deals with the problems which occurs in the night to the general public. Where the night working people are in large amount. The night tours is divided into two types they are first night court which deals with the general occupation area or the public sector or housing boards. The another type is second night court which deals with the traffic issues and other land transport issues in the nighttime. For example. Accidents which occur in the night times can be proceeded in this court.
Community court
This courts deals with the cases like youth offenders who are between 16 to 18 years with mental disorders and cases related to disputes with Neighborhood, suicide attempts and violence in family. And this court also deals with race issues with the general public or a individual person. Animal cruelty also can be proceeded in this court.
Syariah court
This is a special court which is only formed for a single community called as muslims. This court deals with affairs like divorce or dipstes which raise in the muslim community. Or in the provision of muslim marriages. For example: if a misaim girl gets married to a boy who is from other community and they have certain issues and claim for divorce then they should only proceed to the syariah court because one among the two members belong to the museum community.
Traffic court:
The traffic court deals with the affairs like accidents and other road transport problems. It entirely covers up all the road transport problems such and accidents, claim for accidents and also death occurred due to the accidents.
Sources of law
“Sources of law means the origin from where law or the binding rules of human conduct comes into existence “The source of law can be classified into two such as primary source and secondary source.
The primary source are
Legislation
Case law
Mix of statutes and case law
Legislation :
These are the laws which is been written and followed the Singapore Parliament or the other powerful positions who would have passed the laws in the past which has been followed by the Singapore Parliament .legislation will be updated online every single month so the public gets familiar with the laws. Legislation can further be classified into two such as statutes and subsidiary legislation.
Meaning of statutes:
Statutes in simple word can be defined as a written law followed by the parliament of Singapore. The statutes which can be called as important is the “ constitution of Republic of Singapore†and is termed as the supreme law of Singapore
Example : throwing of food or water bottles in the judges takes the judgements related to it in the previous generations of the judges and then compares and gives the necessary judgement. Most of the Singapore is judge made laws.
Subsidiary legislation:
The other name for subsidiary legislation is delegated legislation. The laws in subsidiary legislation is written by the minister or by the administrative agencies which is been followed by the parliament.
Example : sale of chewing gums of advertisement of chewing gums are prohibited. It is not allowed to do sales of chewing gum unless it is for medical purposes, Made under the sale of food Act.
Common law
The court judgements are considered as a source of common law. The judge takes the judgements related to the previous generation of judges and then compares the situation and gives the necessary judgement. Most of singapore laws are judge made.
Example of common law:
Fay Michael Peter v. Public Prosecutor
In this case Michal was an American teenager who was arrested for vandalising cars and steals the street sign boards. The subordinate court gave a penalty of 4 months and the other charges including 16 vandalising was involved. Fay asked the high court to prove beyond reasonable doubts, the trial judge below should have ordered a pre sentencing report. And the later the president reduced the canning from six to four.public area will have a fine of not exceeding $5000 And imprisonment not more than 3 months
Secondary sources of law :
Secondary sources are the sources which helps the researcher to understand and explain the law the secondly helps to locate it .The principal for the law reporting are of two types one is Singapore law report and the second one is Malayan law. Not all the cases are reported only which makes a legal point will.
Few of the secondary sources of law are:
tbooks
Periodicals
Dictionaries and books of definition be reported.
Legal bibliographies
Textbook
Textbooks have always made their experiences since an early period. Textbooks may vary from excellent to very bad and only experience can make one choose the right books due to the wide range
At one time there was a rule that one could only get the textbooks which was termed as “work of authority†to the court and the other books were not allowed.
Periodicals
The content of periodicals are articles on particular topics , case notes and view of the textbooks, these articles may be carried to the court for the arguments since few textbooks are not allowed these articles can be carried. They often are a great influence in making laws.
Dictionaries and books of definition
They define the legal terms in a common man’s language, they are very useful to understand a lot of legal terms which are used in the law reports. There are also the dictionary of other jurisdiction for example the dictionary of canadian law
Legal bibliographics
This is the last option when it comes to secondary sources of law . this is nothing but it helps the researcher to find what texts have been written on particular topics
Conclusion
The courts of singapore functions to provide justice to its people are the courts which makes up the supreme courts and state courts are high court, court of appeal, district court, magistrate court, juvenile court, corners court, small claims tribunal, family court , night court, syariah court, traffic court. These are the courts which makes up the entire court system of singapore. The source of law are the primary and secondary such as legislation and case law and textbooks ,periodicals, dictionaries, legal bibliographies these are sources used to find out and locate the law.
Reference:
https://www.supremecourt.gov.sg/about-us/the-supreme-court/singapore-judicial-system Introduction
http://www.singaporelaw.sg/sglaw/singapore-legal-system/singapore-jurisdiction-law introduction
https://www.guidemesingapore.com/business-guides/immigration/get-to-know-singapore/introduction-to-singapores-legal-system
http://www.lawsociety.org.sg/For-Public/Singapore-Court-System high Court
https://www.slideshare.net/mobile/671508286/sources-of-law-52889953 sources of law
https://en.m.wikipedia.org/wiki/Sources_of_Singapore_law sources of law
Books referred
Introduction to law by Louis waller
Principles of Singapore law by George shenoy loo wee ling
English legal system by catherine elliott and frances quinn
...(download the rest of the essay above)