intro to law Flashcards
up till crim vs civil (32 cards)
what is law?
special set of rules that maintains order and regulates behaviour
why should businesses know about the law? 3
- its beneficial to familiarise w contract related legal knowledge – minimise being on the losing end
- deal may be off the table – opps may not want to consult a lawyer
- lawyer fees EX as hell = :( profits
what are ethics? 2
- they govern what people should and shouldn’t do
- tries to create a sense of right/wrong + may stop harm to society/envt when law fails
sources of ethics 3
religion, social norms/peer pressure, values from parents etc
what are the 2 sources of law in SG? state names
statutes/acts/legislation
case laws
what are statutes/acts/legislation?
written laws passed by parliament (proactive/reactive)
what are case laws?
laws based on precedents, judicial decisions from previous cases! made my judges
(reactive)
aka common law
can statues/case laws be standalone? (+ are they made before/after the case occurs?)
- statues YES can standalone but NO case laws
- statues made BEFORE/AFTER case occurred (parliament enacts em as PREVENTATIVE measures)
- case law made AFTER case happens (must be compared w statutes)
when are statutes changed? 2
- change in political party (Eg trump vs ObamaCare/Affordable Care Act)
- tech advancement
care statutes and case laws static?
NO they can change overtime
how are the changes/introduction of statutes implemented?
PROSPECTIVE effect, not reactive
if statute (saying no murder) comes into force on 2 june but u kill ur opp on 1 june then ur not guilty!
state 3 court types
1 lowest level court – state courts: magnistrates’ courts + district court
2 mid level court – high court (1 judge)
3 highest level court – court of appeal (3 judges)
what does the high court do 2
1 judge
- cases where monetary value of matter being disputed >250k = civil action in HC
- exercises appellate jurisdiction - hears appeals from lower level courts and tribunals (mag court, district, small claims tribunal, employment claims tribunal)
what does the court of appeal do
3 judges
only hears appeals from the high court
what is appellate jurisdiction
power to reverse or modify a lower courts decision
(basically appeals in higher courts)
time limits for civil claims to be brought to court – breach of contract/tort + personal injury?
breach of contract/tort = 6 years from date of breach
personal injury = gen. 3 years
++ possible to extend w appeal – but short time limits for appeal lodging
is higher lvl court bound by decisions of lower lvl court?
NAW
lower court must follow higher court ruling
2 types of proceedings
criminal proceedings - does not have to be against public safety
civil proceedings – contractual disputes, employment disputes
what are criminal proceedings concerned with
forbidding certain kinds of wrongful conduct + punishing those who perpetrate it
examples of criminal proceedings (indiv/business)
indiv: murder, rape, theft
busn: breaches of employment act, workplace safety, health act, income tax act
what are civil proceedings concerned w
regulating private rights and obligations btw parties
example of civil proceedings
breach of contract & tort actions eg suing for negligence
what is tort law
aims to compensate indivs who suffer harm due to actions of others – (NOT to punish indivs)
is it possible for a set of facts to have both civil and criminal proceedings? eg natalie drives recklessly and injures lottie (oh no)
YES
crim: public prosecutor prosecutes nat for driving recklessly: convicted = jail/fine (fine goes to state)
civil: lottie wants to be compensated – needs to institute separate civil action against nat to seek it
NO CONNECTION betw civil/crim – heard by diff courts/at diff times
