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Sources of Law

- Statutes
- Cases (made by Judges)
- International Conventions e.g. Warsaw Convention

Differences Between Civil and Criminal Proceedings


Criminal Proceedings Civil Proceedings
Purpose To punish the perpetrator of the crime; to deter To seek a remedy for a private wrong
others from committing the same crime
Parties Public Prosecutor persecutes the defendant Plaintiff sues the defendant
Discretion to The discretion whether or not to bring an action The discretion whether or not to bring
Institute action lies with the public prosecutor or the state an action lies with the plaintiff
Burden of Proof Public prosecutor must prove the case beyond Plaintiff must prove the case on the
reasonable doubt balance of probabilities
Decision of the Court Guilty or not guilty Liable or not liable
Sanctions Jail sentence, fine, caning, others Damages, injunctions, specific
performance, others

Methods of Dispute Resolution

(Government (Mediation b4 a
- Court mediation is completely free

Organization) trial) Litigation


Negotiation - By judge
- hassle/costly
Claims

- the losing party pays something


Small

- time consuming
(lawyer fees and utilities) - no privacy (affects the goodwill of
- less than $10,000 business)
Tribunal

- sale of goods and services - win-lose situation


- damage to property - cannot choose judge
- less enforceable internationally
- lawyers involved
- Singapore Mediation Center - consent not required
- much faster (weeks)
- much cheaper (couple of
hundreds) Some methods of Enforcing Civil Judgements
- privacy Bankruptcy
Mediation

- choose mediator (expert in the - at least owing $10000


field  Commercial reality) - a government assignee is appointed (gather
- consent is required the assets of the debtor and distribute to the
- willing to compromise for long creditor.
term business relations - Exceptions  basic necessities, HDB flat,
- domestic arrangement CPF
- Mediator does not pass judgment - Cannot borrow more than $500 without
- Mediator facilitates and get disclosing that you are a bankrupt
parties to compromise - Passport
- Singapore Arbitration Center - Not able to participate in management of a
- faster (couple of months) company or business
Arbitration (Private

- maybe cheaper - Employment income (pay debtors)


Organization)

- privacy - more than three years less than $500000


- can choose Arbitrator Official Assignee can discharge
- International agreement - less than three years more than $500000 OA
- More enforceable internationally can’t. must get court to exercise discretion
- Lawyers may or may not be Writ of Seizure and Sale
involved Garnishee Order
- Consent is required