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Legal Research and Writing Assignment

   

Added on  2023-06-04

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1Legal Research and Writing Assignment
Running head: LEGAL RESEARCH AND WRITING ASSIGNMENT
Legal Research and Writing Assignment
Author’s Name
Institutional Affiliation
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2Legal Research and Writing Assignment
Legal Research and Writing Assignment
Question 1: Various Courts under the Supreme Court and the State Court
Introduction
Court system in a country is considered as one of the potential building blocks in the
entire legal procedure. In Singapore, judicial branches of national and state government have the
charge to apply as well as speculate the existing legislative framework. The Singapore Judiciary
court system has two administrative tiers under the Supreme Court and the State Court. Both are
separated from each other and both have independent branches of the executive as well as
legislative government regimes (Government of Singapore, 2018). In relation to the legislative
scenario, the present study aims to portray the significant areas, wherein these two courts’
concentrate on procedures, relevant legislative applicability, and available court cases.
Issues: Areas of Courts’ Focus
Supreme Court makes up with the High Court and the Court of Appeal, wherein both
civil and criminal cases are handled in a legalized manner. The high court deals with those civil
and criminal cases, which initially appeal in the State Courts. The High Court hears the cases,
wherein offenses are already punishable by more than 10 years imprisonment or death. High
Court has the power to reverse the decision made by the State Courts with the assistance of a
new trial. The Court of Appeal deals with the cases, which is appealed in the High Court. The
Court of Appeal comprises three judges, wherein based on the appeals uneven numbers of judges
hear the appeals (Supreme Court, 2018). The role of the Supreme Court has three branches such
as Executive, Judiciary and Legislature. The Judiciary branch of Supreme Court has the Chief
Justice as the topmost position holder, who oversees the cases under the High Court. The High
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3Legal Research and Writing Assignment
Court of Singapore has several roles to play such as dealing with the Final Court of appeals. The
High Court also assists the cases related to families through the Family Justice Courts based on
the Family Justice Act. Besides, the High Court launched the Singapore International
Commercial Court (SICC) and legal frameworks for community services, which helps legal
format to deal with the private and public issues (Supreme Court, 2018a).
In Singapore, the State Courts contain both Magistrate Courts, as well as the District
Courts, wherein criminal and civil case matters, are considered (Supreme Court, 2018). The State
Court helps in matters such as criminal and civil aspects, employment and other claim tribunals
(State Courts Singapore, 2017). It also has certain Subordinate Courts including District Court,
Magistrate Court, Juvenile Court, Coroners’ Court, and Small Scale Tribunal. The senior district
judge has the overall responsibility to deal with the different types of Subordinate Courts.
Recently, there are some inclusions taking place under the State Court jurisdiction such as
Family Court, Night Court, Community Court, Traffic Court, and Syariah Court especially done
for addressing the utmost inconvenience of citizens and the overall state legal system. These
courts deal with various areas of criminal and civil legal issues to make the convenient
applicability of time and law in a right format (Hawksford, 2018).
Relevant Law/Procedures
To develop the significant implication regarding the case laws and statutes, this section
has been highlighted in the available cases of the Supreme Courts and the State Courts. For
developing the most convenient discussion, the study has projected recent Supreme Court cases.
First case B2C2 Ltd v Quoine Pte Ltd [2018] SGHC (I) 08, which was a commercial legal suit
and the charge was a breach of contract between an offerer and an offeree. The Defendant of this
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4Legal Research and Writing Assignment
case was associated with the currency exchange and was also responsible for helping third
parties to trade virtual or fiat currency. The applicant of the case was a UK based company. The
company found out that the defendant reversed the trade of the ETH/BTC exchange and the
applicant filed a case with the claim of the breach of contract. This was mainly due to the
prominent presence of the applicant in South East Asia, the UK and other countries. Moreover, it
had initiated an aggressive growth strategy which was being hampered and hence, the company
complied with the functioning of the High Court (Supreme Court, 2018b). In order to portray
availability and applicability of legislation under the State Court, a criminal case has been
described here. Case number SC-904599-2018 Public Prosecutor vs Cha Kok Hwa, wherein the
applicant is charged with a criminal offense i.e. illegal drug trafficking. This case is a recent one,
which has a hearing on 11th October 2018 under the jurisdiction of the State Court (State Courts
Singapore, 2017a).
Application Legal implications
Considering the application of legal implications of the courts of Singapore, the study has
highlighted the verdicts of the above-mentioned cases of the High Court and the State Court. The
first case under the Supreme Court, i.e. B2C2 Ltd v Quoine Pte Ltd [2018] SGHC (I) 08 was a
transfer case, which later transferred to the Singapore International Commercial Court for the
further security of costs. The second case under the State Court, SC-904599-2018 Public
Prosecutor vs Cha Kok Hwa, the applicant was charged with “Section 44(1)(a) Corruption,
Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, Rev Ed
2000) r/w Section 109 Penal Code (Cap 224, Rev Ed 2008) r/w Section 108B Penal Code (Cap
224, Rev Ed 2008) p/u Section 44(5)(a) Corruption, Drug Trafficking and Other Serious Crimes
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