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146-667: The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the common law , with the exception of a few penal statutes. In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas. Only the Penal Code and Code of Criminal Procedure, both authored by James Willie , were passed by

292-777: A High Court in Singapore. This new structure was officialised with effect from 16 March 1964 through the Courts of Judicature Act 1964 (M'sia), which replaced the Supreme Court of the Colony of Singapore with the High Court of Malaysia in Singapore. The jurisdiction of the High Court in Singapore was limited to all territory in the State of Singapore. Merger with Malaysia did not last: within two years, on 9 August 1965, Singapore

438-398: A Penal Code designed for the preindustrialized, rural, and underpopulated Texas society of a century ago; (3) identify and proscribe, with as much precision as possible, all significantly harmful criminal conduct; (4) rationally grade offenses, according to the harm they cause or threaten, and sensibly apportion the sentencing authority between the judiciary and correctional system; (5) codify

584-679: A Residency. The island thus lost power to legislate for the Straits Settlements, which power was assumed by the Governor General of Bengal . He issued four such regulations applicable to the Straits Settlements. Upon the downgrading of the Straits Settlements, the offices of Governor and Resident Councillors were abolished. This led Governor Fullerton to conclude that neither he nor the Resident Councillors were empowered any longer to administer justice under

730-533: A broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held: It may be that Statler v. Ray Mfg. Co. have extended the rule of Thomas v. Winchester . If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it

876-425: A character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed". Yet the privity rule survived. In Cadillac Motor Car Co. v. Johnson (decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from

1022-481: A decision are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and

1168-411: A defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes". The Cadillac court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of

1314-549: A fee-based service called LawNet , which is also managed by the Academy. Outside Singapore, Malaysia and Brunei, they are available online from another fee-based service called Justis . A custom is an established practice or course of behaviour that persons who engaged in it consider law. Customs do not have the force of law unless recognised in a case. "Legal" or "trade" customs are not recognised as law unless they are certain and not unreasonable or illegal. In Singapore, custom

1460-648: A government function in 1874 . West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw", while private sector publishers often add indexing, including references to the key principles of the common law involved, editorial analysis, and similar finding aids. Statutes are generally understood to supersede common law. They may codify existing common law, create new causes of action that did not exist in

1606-739: A larger federation, the Singapore Legislative Assembly was transformed into the Legislature of Singapore with power to make laws only regarding certain matters set out in the Malaysian Federal Constitution . Article 75 of the Federal Constitution also stated: "If any state law is inconsistent with a federal law, the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void." During this period,

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1752-410: A line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party. A first exception to this rule arose in 1852, in the case of Thomas v. Winchester , when New York's highest court held that mislabeling

1898-540: A means to redress certain challenges to established law. Oliver Wendell Holmes once dissented: "judges do and must legislate". There is a controversial legal maxim in American law that " Statutes in derogation of the common law ought to be narrowly construed ". Henry Campbell Black once wrote that the canon "no longer has any foundation in reason". It is generally associated with the Lochner era . The presumption

2044-424: A new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather,

2190-457: A poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger". Thomas relied on this reason to create an exception to the "privity" rule. In 1909, New York held in Statler v. Ray Mfg. Co. that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such

2336-411: A presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident. Isbrandtsen Co. v. Johnson , 343 U.S. 779, 783 (1952); Astoria Federal Savings & Loan Assn. v. Solimino , 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate. Astoria , 501 U.S. at 108. In order to abrogate a common-law principle,

2482-573: A product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case, Winterbottom v Wright , the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw

2628-553: A strong allegiance to a large body of precedent, parties have less a priori guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties. This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with

2774-574: A substantial number of Malaysian laws, including Federated Malay States Enactments and Malayan Union and Federation of Malaya Ordinances, were extended to Singapore. Some of these statutes continue to apply, often in modified form, in Singapore today. Under the Malaysia Act 1963, the judicial power of Malaysia was vested in a Federal Court , a High Court in Malaya, a High Court in Borneo and

2920-402: A unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge , not necessarily through

3066-542: Is a minor source of law as not many customs have judicial recognition. Since independence, the civil law of Singapore has developed distinctly from the English common law. Nonetheless, much of the Singaporean law is based upon the English law, and although English decisions made before 1827 are not considered binding, they are still persuasive in the judgments of the Singaporean court. The law of contract deals with

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3212-505: Is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As Justice Brandeis famously expressed it, "in most matters it

3358-557: Is based on the English common law system. Major areas of law – particularly administrative law , contract law , equity and trust law , property law and tort law – are largely judge-made , though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law , company law and family law , are largely statutory in nature. Apart from referring to relevant Singaporean cases, judges continue to refer to English case law where

3504-564: Is concerned, courts remain reluctant to take into account foreign legal materials on the basis that a constitution should primarily be interpreted within its own four walls rather than in the light of analogies from other jurisdictions; and because economic, political, social and other conditions in foreign countries are perceived as different. Certain laws such as the Internal Security Act ( Cap. 143 ) (which authorises detention without trial in certain circumstances) and

3650-633: Is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc (that is, all active judges of the court) or by a higher court. In these courts, the older decision remains controlling when an issue comes up the third time. Other courts, for example, the Court of Appeals for the Federal Circuit (formerly known as Court of Customs and Patent Appeals) and the US Supreme Court , always sit en banc , and thus

3796-457: Is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression " with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it

3942-499: Is destruction. What is true of the coffee urn is equally true of bottles of aerated water ( Torgesen v. Schultz , 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In Burke v. Ireland (26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in Kahner v. Otis Elevator Co. (96 App. Div. 169) to

4088-477: Is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger". MacPherson takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of Winterbottom , that "absurd and outrageous consequences" must be avoided, and he does so by drawing

4234-539: Is more important that the applicable rule of law be settled than that it be settled right." This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on

4380-841: Is much confusion as to where legislative authority lay, as there were several government or military bodies which had the power to make laws. These were, in order of descending authority, the Supreme Command of the Southern Army Headquarters, the 25th Army Headquarters, the Military Administration Department, the Malay (Malayan) Military Administration Headquarters, and the City Government of Tokubetu-si. Numerous regulations, laws and notices were issued by all these bodies through

4526-607: Is published by the Singapore Academy of Law under an exclusive licence from the Supreme Court of Singapore . The Academy has also republished cases decided since Singapore's full independence in 1965 in special volumes of the SLR, and is currently working on a reissue of this body of case law. Cases published in the SLR as well as unreported judgements of the Supreme Court and Subordinate Courts are available on-line from

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4672-792: Is published in looseleaf form in a series called the Subsidiary Legislation of the Republic of Singapore which is gathered in black binders. New subsidiary legislation published in the Gazette may be viewed for free online for five days on the Electronic Gazette website. As Singapore is a common law jurisdiction , judgements handed down by the courts are considered a source of law. Judgements may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by

4818-424: Is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy . Second, the common law evolves through a series of gradual steps , that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast to common law incrementalism,

4964-576: Is that legislatures may take away common law rights, but modern jurisprudence will look for the statutory purpose or legislative intent and apply rules of statutory construction like the plain meaning rule to reach decisions. As the United States Supreme Court explained in United States v Texas , 507 U.S. 529 (1993): Just as longstanding is the principle that "[s]tatutes which invade the common law ... are to be read with

5110-508: Is to injure or destroy. But whatever the rule in Thomas v. Winchester may once have been, it has no longer that restricted meaning. A scaffold ( Devlin v. Smith , supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn ( Statler v. Ray Mfg. Co. , supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function

5256-540: The Charter Act 1813 ) ( 53 Geo. 3 . c. 155 (UK)), Prince of Wales' Island itself had been conferred an extremely limited power to issue regulations relating to duties and taxes it was empowered to levy; pursuant to this power, it issued nine regulations that applied to the Straits Settlements. However, on 20 June 1830 the East India Company reduced the status of Prince of Wales' Island from a Presidency to

5402-623: The High Court of Justiciary has this power instead (except on questions of law relating to reserved matters such as devolution and human rights). From 1966 to 2009, this power lay with the House of Lords , granted by the Practice Statement of 1966. Canada's federal system, described below , avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts. The reliance on judicial opinion

5548-704: The Straits Settlements were detached from India and constituted as a separate Crown colony by way of the Straits Settlements Act 1866 ( 29 & 30 Vict. c. 115 (UK)). A separate Legislative Council with the authority to make laws was set up for the Straits Settlements. Pieces of legislation passed by the Legislative Council were known as "ordinances". By the Supreme Court Ordinance 1868 (S.S.),

5694-514: The Straits Settlements . The statute 6 Geo. 4 c. 85 empowered the British Crown to issue letters patent providing for the administration of justice in the Straits Settlements. The East India Company petitioned the Crown for the grant of such letters patent establishing "such Courts and Judicatures for the due administration of Justice and the security of the persons rights and property of

5840-622: The Wayback Machine , a free service provided by the Attorney-General's Chambers of Singapore. Subsidiary legislation , also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Subsidiary legislation currently in force in Singapore

5986-607: The de facto position was that between 1819 and 1826 English legal principles applied to Singapore. On 24 June 1824 Singapore and Malacca were formally transferred to the East India Company's administration by the Transfer of Singapore to East India Company, etc. Act 1824 ( 5 Geo. 4 . c. 108 (UK)). By virtue of the Fort Marlborough in India Act 1802 ( 42 Geo. 3 . c. 29 (UK)). both territories, together with others in

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6132-646: The jury , ordeals , the penalty of outlawry , and writs – all of which were incorporated into the Norman common law – is still a subject of much discussion. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law . The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year Books . The plea rolls, which were

6278-468: The later decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that

6424-449: The "character and manners of the different classes" of local inhabitants. Unfortunately, Crawfurd's courts also lacked legal foundation, and he had no legal powers over Europeans in Singapore. Serious cases involving British subjects had to be referred to Calcutta; otherwise, all he could do was to banish them from the island. Despite the dubious legal status of the courts established in Singapore by Raffles and Crawfurd, they indicate that

6570-409: The 1180s) from his Curia Regis to hear the various disputes throughout the country, and return to the court thereafter. The king's itinerant justices would generally receive a writ or commission under the great seal. They would then resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and

6716-650: The 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center). The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent . The form of reasoning used in common law is known as casuistry or case-based reasoning . The common law, as applied in civil cases (as distinct from criminal cases ),

6862-572: The Acting Registrar James Loch took the view that the court was illegal, and it was soon closed again. In September 1831 merchants of the Straits Settlements appealed to the British Parliament. By then, the East India Company had already decided that Fullerton had been mistaken. It decided to restore the titles of Governor and Resident Councillor so that these officers could continue to administer justice pursuant to

7008-524: The British Parliament, Governor-General of India in Council and Legislative Council of the Straits Settlements which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repealed . One particularly important statute is the Constitution of the Republic of Singapore , which is the supreme law of Singapore – any law enacted by

7154-667: The Charter. On 9 June 1832 the Court of Judicature reopened at Prince of Wales' Island, and disposed of many outstanding cases that had amassed during the two years when the courts were closed. In 1833, the Government of India Act 1833 (also known as the Charter Act 1833) ( 3 & 4 Will. 4 . c. 85]] (UK)). was passed by the British Parliament for the better government of the East India Company's possessions. Sole legislative power

7300-760: The Constitution (Amendment) Act 1965 and the Republic of Singapore Independence Act 1965. Section 5 of the latter Act provided that the legislative powers of the Yang di-Pertuan Agong , the supreme ruler of Malaysia, ceased to extend to Singapore, and vested instead in the Head of State (that is, the President of Singapore ) and the Legislature of Singapore. Again, all laws were expressed to continue in force with such modifications, adaptations, qualifications and exceptions as might be necessary to bring them into conformity with

7446-566: The Court of Appeal issued a Practice Statement dated 11 July 1994, stating that while the Court would treat its own prior decisions and those of the Privy Council as normally binding, where it appeared that adherence to such decisions "would cause injustice in a particular case or constrain the development of the law in conformity with the circumstances of Singapore" it would regard itself as free to depart from such decisions. It added that this power would be exercised sparingly, bearing in mind

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7592-514: The Court of Judicature of the Straits Settlements was abolished, and in its place the Supreme Court of the Straits Settlements was established. The Governor and Resident Councillors ceased to be judges of the Court. In 1873, the Supreme Court was reconstituted to consist of the Chief Justice and the Judge at Penang as well as a Senior and a Junior Puisne Judge . There were two divisions of

7738-535: The Court of Judicature was to be presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder . Problems occurred with the first Recorder, Sir John Thomas Claridge . He complained that the Governor and Resident Councillors had refused to take any judicial business, and so responded by also refusing to take on

7884-615: The East India Company to set up a "factory" on the island was obtained from the Sultan of Johor and Temenggung of Johor on that date under the terms of the Treaty of Singapore , and outright cession of Singapore took place in 1824. It has been suggested that prior to British acquisition of the island, the Malay chief in charge of Singapore was the Temenggung of Johor. The Johor Sultanate

8030-636: The Governor General during this period were not relevant to the Straits Settlements, and it was difficult to determine which were applicable. The situation was remedied by the passing of the Statute Law Revision Ordinance 1889 (No. 8 of 1889) (Ind.), which appointed commissioners to inquire into the matter and empowered them to publish a volume containing the text of any Indian Acts considered in force. Any Acts not included ceased to be applicable forthwith. On 1 April 1867,

8176-540: The Great Hall of the king's Palace of Westminster , permanently except in the vacations between the four terms of the Legal year . Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law . In England, judges have devised a number of rules as to how to deal with precedent decisions . The early development of case-law in

8322-655: The Inhabitants and the Public Revenue of and the Trial and Punishment of Capital and other Offences committed and the repression of vice within the said Settlement of Prince of Wales’ Island Singapore and Malacca…" Granting the petition, the Crown issued the Second Charter of Justice on 27 November 1826. The Charter established the Court of Judicature of Prince of Wales' Island, Singapore and Malacca, which

8468-477: The Japanese Judgements and Civil Proceedings Ordinance 1946 (No. 3 of 1946), which had the effect of permitting post-Occupation courts to review the decrees of Japanese tribunals and to confirm, modify or reverse them. The British Military Administration was terminated by Proclamation No. 77 (1946) dated 18 March 1946, and with effect from 1 April, the Straits Settlements were disbanded by the Straits Settlements (Repeal) Act 1946 ( 9 & 10 Geo. 6 c. 37 (UK)). By

8614-605: The Japanese administration did not set up tribunals in compliance with the requirements of Straits Settlements law, while the law continued to apply there were no proper courts in existence to enforce it. The Japanese surrendered on 12 September 1945. By Proclamation No. 1 (1945), the Supreme Allied Commander South East Asia established the British Military Administration which assumed full judicial, legislative, executive and administrative powers and responsibilities and conclusive jurisdiction over all persons and property throughout such areas of Malaya as were at any given time under

8760-517: The Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993 ( see above ), are published in looseleaf form in a series called the Statutes of the Republic of Singapore which is gathered in red binders, and are also accessible on-line from Singapore Statutes Online Archived 15 December 2017 at

8906-443: The Military Administration. The highest court was the Syonan Koto-Hoin (Syonan Supreme Court) which was opened on 29 May. Although a court of appeal was constituted, it never sat. There is some disagreement as to the status of judgments handed down by courts during the Japanese Occupation. The view has been taken by some post-Occupation courts that decisions by Japanese tribunals applying the law were valid. Others have held that since

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9052-439: The Privy Council restored a prominent opposition Member of Parliament, Joshua Benjamin Jeyaretnam , to the roll of advocates and solicitors of the Supreme Court of Singapore after he had been struck off for a criminal conviction for making false statements in a statutory declaration ; the court described the conviction as "a grievous injustice". In 1993, the previous set-up of a separate Court of Appeal and Court of Criminal Appeal

9198-408: The Sabah, Sarawak and Singapore (State Constitutions) Order in Council 1963 and the Malaysia Act 1963 (Malaysia). The 1963 Order in Council provided that all laws in force in Singapore continued to apply subject to modifications, adaptations, qualifications and exceptions that might be necessary to bring them into conformity with its new Constitution and the Malaysia Act. With Singapore now a state in

9344-426: The Schedules to the Act apply or continue to apply in Singapore; no other English enactment is part of Singapore law. Generally, Singapore has three sources of law: legislation , judicial precedents ( case law ), and custom . Legislation, or statutory law , can be divided into statutes and subsidiary legislation. Statutes are written laws enacted by the Singapore Parliament, as well as by other bodies such as

9490-410: The Second Charter. In late 1830, Fullerton closed the courts and dismissed the judicial establishment before leaving for England. This led to legal chaos. Members of the mercantile community were in an uproar as they felt the ensuing confusion and inconvenience of having no local courts would disrupt commercial activity. In Singapore the Deputy Resident Murchison felt compelled to convene a court. However,

9636-432: The Singapore Colony Order in Council 1946, Singapore was constituted as a new colony under the British Settlements Acts 1887 ( 50 & 51 Vict. c. 54 (UK)). A Singapore Legislative Council was created with power to legislate for the peace, order and good government of the Colony. The High Court and Court of Appeal of the Straits Settlements became the Colony of Singapore High Court and Court of Appeal. In 1958 Singapore

9782-423: The Societies Act ( Cap. 311 ) (which regulates the formation of associations) remain in the statute book, and both corporal and capital punishment are still in use. Modern Singapore was founded on 6 February 1819 by Sir Stamford Raffles , an officer of the British East India Company and Lieutenant-Governor of Bencoolen , in an attempt to counter Dutch domination of trade in the East. Permission for

9928-484: The Supreme Court lay in the first instance to the Court of Appeal, and then to Her Majesty in Council, the latter appeals being heard by the Judicial Committee of Her Britannic Majesty's Privy Council . Also in 1878, a provision later known as section 5 of the Civil Law Act was introduced into Straits Settlements law. The provision stated that if a question or issue arose locally with respect to certain named categories of law or with respect to mercantile law generally,

10074-442: The Supreme Court was again altered so that it now consisted of the Chief Justice and three puisne judges. In 1907 the jurisdiction of the Supreme Court was given a major overhaul. The Court was split into two divisions – a Civil Division and a Criminal Division, each with both original and appellate jurisdiction . District Courts and Police Courts, which replaced the Magistrates' Courts, were also established. The Court of Requests,

10220-511: The Tokubetu-si without adhering to the normal chain of command. Although these laws were often contradictory, the body higher in the hierarchy always prevailed. When the Japanese occupation of Singapore began, all existing courts ceased to function. By a decree of 7 April 1942, a Military Court of Justice of the Nippon Army was established, and the civil courts were reopened by a proclamation dated 27 May. This Proclamation made all former British laws applicable so long as they did not interfere with

10366-522: The United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and all 50 states save Louisiana ), and Zimbabwe. According to Black's Law Dictionary , common law is "the body of law derived from judicial decisions , rather than from statutes or constitutions ." Legal systems that rely on common law as precedent are known as "common law jurisdictions," while those that do not are referred to as " civil law " or " code " jurisdictions. Until

10512-425: The United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law , and American contracts relating to corporate law issues ( merger and acquisitions of companies, rights of shareholders, and so on) include a Delaware choice of law clause, because of

10658-559: The United States. Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as

10804-521: The application of English law in Singapore. It states that the common law of England (including the principles and rules of equity), so far as it was part of the law of Singapore immediately before the commencement of the Act, continues to be part of Singapore law so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require. As for English statutes, only those that are listed in

10950-412: The application of law to specific facts. The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit , which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within

11096-681: The authority of the Japanese Military Administration ceased to have effect. By Proclamation No. 23 (1945), the Deputy Chief Civil Affairs Officer for the Singapore Division provided that every conviction of any offence by a tribunal established by the Japanese Military Administration was quashed, and any judgment convicting or purporting to convict any person or any offence was set aside. Civil proceedings were dealt with by

11242-468: The basic structure is as follows: Common law Common law (also known as judicial precedent , judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law

11388-422: The boundaries within which their freedom of expression rights apply. In contrast, in jurisdictions with very weak respect for precedent, fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have

11534-399: The circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive. Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision

11680-487: The common law should be common to the whole Empire. However, the manner in which section 5 was worded created much difficulty in determining whether particular English statutes applied locally. Despite major amendments to the provision in 1979, the problems with it were not resolved until it was finally repealed in 1993 ( see below ). Under the Courts Ordinance Amendment 1885 (S.S.), the set-up of

11826-860: The common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are contract law and the law of torts . At earlier stages in the development of modern legal systems and government, courts exercised their authority in performing what Roscoe Pound described as an essentially legislative function. As legislation became more comprehensive, courts began to operate within narrower limits of statutory interpretation . Jeremy Bentham famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. Pound comments that critics of judicial lawmaking are not always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial reluctance to sweep broadly and employ case law as

11972-415: The consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable. Cardozo's new "rule" exists in no prior case, but

12118-571: The control of forces under his command. The proclamation also declared that all laws and customs existing immediately prior to the Japanese Occupation would be respected, except that such of the existing law as the Chief Civil Affairs Officer considered practicable to administer during the period of military administration. Otherwise, all proclamations and legislative enactments of whatever kind issued by or under

12264-535: The court structure in England, in 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. The first hierarchy of courts was also established, consisting of the Supreme Court of the Straits Settlements, Courts of Request, Courts of Two Magistrates, Magistrates' Courts, Coroners' Courts and Justices of the Peace. Appeals from decisions of

12410-611: The court, one at Singapore and Malacca and the other at Penang. As Singapore had become the Straits Settlements' centre of government and trade, the Chief Justice and Senior Puisne Judge were required to reside in Singapore, while the Judge of Penang and the Junior Puisne Judge resided in Penang. The Supreme Court was also conferred with jurisdiction to sit as a Court of Appeal in civil matters . Following changes in

12556-640: The courts remained much as it had been in the pre-war colonial era, with only minor changes being made such as the redesignation of the Police Courts as Magistrates' Courts in 1955. Singapore joined the Federation of Malaysia on 16 September 1963, and thus ceased to be a colony of the British empire. The legal arrangements were effected by the enactment of the Malaysia Act 1963 ( c. 35 (UK)).

12702-522: The danger of retrospectively disturbing contractual, proprietary and other legal rights. Today, the Court of Appeal of Singapore is the highest court in the land. The independent status of Singapore's legal system was underlined by the repeal of section 5 of the Civil Law Act ( see above ) on 12 November 1993 by the Application of English Law Act 1993. The Act aims to clarify the extent of

12848-516: The decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent,

12994-542: The deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose

13140-402: The duties of their office with temper and discretion, according to the best of their judgement and conscience and the principles of substantial justice". Raffles' Regulations were most likely illegal as he was acting beyond the scope of his legal powers in making them – although he had power to place the factory at Singapore under the jurisdiction of Bencoolen, he was not vested with power to place

13286-485: The early 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. Well into the 19th century, common law was still defined as an ancient, unwritten law in legal dictionaries including Bouvier's Law Dictionary and Black's Law Dictionary . The term "judge-made law" was introduced by Jeremy Bentham as a criticism of this pretense of the legal profession but acceptance of William Blackstone 's declaratory theory of common law

13432-494: The emergence of a consensus from a multitude of particularized prior decisions". Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "[i]ts method is inductive, and it draws its generalizations from particulars". The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason

13578-568: The entire island under Bencoolen's control. In this respect, he had treated Singapore as if the entire island had been ceded to the British when the Treaty with the Sultan and the Temenggung had only permitted the establishment of a trading factory. The same year, Raffles appointed John Crawfurd as Resident of Singapore. Crawfurd doubted the legitimacy of the judicial system set up by Raffles, and annulled proceedings in which magistrates had ordered

13724-603: The first assizes in Singapore by themselves. Claridge was eventually recalled to the UK in 1829. The Charter conferred no legislative power on the Governor and Council of Prince of Wales' Island or, indeed, on any other individual or institution. The general power to make laws was vested with the Supreme Government of India and the British Parliament. By the East India Company Act 1813 (also known as

13870-448: The flogging of gamblers and the seizure of their properties. He eventually abolished the magistracy, replacing it with a Court of Requests overseen by an Assistant Resident which dealt with minor civil cases, and a Resident's Court hearing all other cases which he himself presided over. Crawfurd had no authoritative guide to the applicable law, so he decided cases on "general principles of English law", taking into account so far as he could

14016-635: The full business of the Court. He also bemoaned the lack of a "full, efficient and respectable court establishment of clerks, interpreters. etc." Although expected to travel from his base at Prince of Wales' Island to Singapore and Malacca, due to disputes over travelling expenses and arrangements, Claridge refused to do so. Thus, on 22 May 1828 the Governor Robert Fullerton , together with the Resident Councillor Kenneth Murchison , were obliged to hold

14162-559: The general principles of the penal law; and (6) collect in a single code all significant penal law, transferring to more appropriate locations in the statutes regulatory and similar laws that merely employed a penal sanction. Dean W. Page Keeton of the University of Texas played a key role in drafting, revising, and promoting the Revised Penal Code. The Texas Penal Code is organized into titles and chapters. As of 2017,

14308-605: The general public. After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States federal courts relied on private publishers until after the Civil War, and only began publishing as

14454-454: The government. Eyres (a Norman French word for judicial circuit, originating from Latin iter ) are more than just courts; they would supervise local government, raise revenue, investigate crimes, and enforce feudal rights of the king. There were complaints of the eyre of 1198 reducing the kingdom to poverty and Cornishmen fleeing to escape the eyre of 1233. Henry II's creation of a powerful and unified court system, which curbed somewhat

14600-419: The gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were parties to a contract ( privity of contract ). Thus, only the immediate purchaser could recover for

14746-596: The independent status of Singapore upon separation from Malaysia. Today, the Parliament of Singapore is an organ of state with plenary power to enact legislation for Singapore. At the time of independence, the Singapore Parliament did not make any changes to the judicial system. Thus, for an anomalous four-year period, the High Court in Singapore remained part of the Malaysian court structure. This

14892-683: The issues pertain to a traditional common-law area of law, or involve the interpretation of Singaporean statutes based on English enactments or English statutes applicable in Singapore. In more recent times, there is also a greater tendency to consider decisions of important Commonwealth jurisdictions such as Australia and Canada , as the Singapore Courts tend to consider decisions based on their logic, rather than their provenance. Certain Singapore statutes are not based on English enactments but on legislation from other jurisdictions. In such situations, court decisions from those jurisdictions on

15038-501: The jurisdiction of which had been drastically reduced in the intervening years, was abolished. The last major changes in the court system before World War II took place in 1934 when a Court of Criminal Appeal, essentially an extension of the Supreme Court's jurisdiction, was created, and in 1936 when it was declared that the Supreme Court would consist of a High Court and Court of Appeal. During World War II , Singapore fell under Japanese Military Administration on 15 February 1942. There

15184-486: The law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. More recent decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all

15330-537: The law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result. Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to

15476-506: The law to be administered was to be the same as that administered in England at the corresponding period, unless other provision had been made by any law having force locally. It was felt the provision was needed because the Straits Settlements Supreme Court had a tendency to follow English case law premised on the existence of statutes that were not in force in the Colony. There was also a general sentiment that

15622-425: The law was changed such that appeals to the Privy Council would only be permitted in a civil case if all the parties agreed to such an appeal prior to the hearing of the case by the Court of Appeal. In criminal cases, an appeal to the Privy Council could only be taken if the death penalty was involved and if the judges of the Court of Criminal Appeal were not unanimous in their decision. These changes came shortly after

15768-422: The legislative process is very difficult to get started, as the work begins much earlier than just introducing a bill. Once the legislation is introduced, the process to getting it passed is long, involving the committee system, debate, the potential of conference committee, voting, and President approval. Because of the involved process, many pieces must fall into place in order for it to be passed. One example of

15914-420: The legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read. The common law—so named because it was "common" to all the king's courts across England—originated in

16060-502: The legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law , equity and trust law , property law and tort law , are largely judge-made, though certain aspects have now been modified to some extent by statutes. Since 1992, judgements of the High Court, Court of Appeal and Constitutional Tribunal of Singapore have appeared in the Singapore Law Reports (SLR), which

16206-473: The lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts. In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction , and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in

16352-822: The lower division being the High Court of Singapore . In 1970 the subordinate courts were re-organised. Since that time, the Subordinate Courts of Singapore have consisted of the District Courts, the Magistrates' Courts, the Juvenile Courts and the Coroners' Courts. The Subordinate Courts were renamed the State Courts of Singapore on 7 March 2014. Steps to restrict appeals to the Privy Council were first taken in 1989. In that year,

16498-475: The manufacturer of an elevator; in Davies v. Pelham Hod Elevating Co. (65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize

16644-472: The more controversial clauses of the Constitutions of Clarendon . Henry nevertheless continued to exert influence in any ecclesiastical case which interested him and royal power was exercised more subtly with considerable success. The English Court of Common Pleas was established after Magna Carta to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in

16790-424: The most important factor in the boundary would be the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. The example of the evolution of the law of negligence in the preceding paragraphs illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for

16936-524: The official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National Archives , by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from

17082-484: The old decision is right, and that it is not sufficiently wrong to be overruled. In the jurisdictions of England and Wales and of Northern Ireland , since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify criminal law decisions of lower courts; it is the final court of appeal for civil law cases in all three of the UK jurisdictions, but not for criminal law cases in Scotland, where

17228-620: The ordinary usage to be contemplated by the vendor". However, held the Cadillac court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud". Finally, in the famous case of MacPherson v. Buick Motor Co. , in 1916, Judge Benjamin Cardozo for New York's highest court pulled

17374-539: The original legislation are often examined. Thus, Indian law is sometimes consulted in the interpretation of the Evidence Act ;( Cap. 97, 1997 Rev. Ed. ) and the Penal Code ( Cap. 224, 2008 Rev. Ed. ) which were based on Indian statutes. On the other hand, where the interpretation of the Constitution of the Republic of Singapore ( 1985 Rev. Ed., 1999 Reprint )

17520-481: The period from the 13th to the 16th centuries, when the common law developed into recognizable form. The term "common law" is often used as a contrast to Roman-derived "civil law", and the fundamental processes and forms of reasoning in the two are quite different. Nonetheless, there has been considerable cross-fertilization of ideas, while the two traditions and sets of foundational principles remain distinct. Law of Singapore The legal system of Singapore

17666-584: The power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket , the Archbishop of Canterbury . The murder of the archbishop gave rise to a wave of popular outrage against the King. International pressure on Henry grew, and in May 1172 he negotiated a settlement with the papacy in which the King swore to go on crusade as well as effectively overturned

17812-670: The practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various shires and hundreds . A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, and large landholders also held their own manorial and seigniorial courts as needed. The degree to which common law drew from earlier Anglo-Saxon traditions such as

17958-420: The pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law". The king's object was to preserve public order, but providing law and order was also extremely profitable – cases on forest use as well as fines and forfeitures can generate "great treasure" for

18104-540: The presentation of evidence , a distinguishing factor from today's civil and criminal court systems. At the time, royal government centered on the Curia Regis (king's court), the body of aristocrats and prelates who assisted in the administration of the realm and the ancestor of Parliament , the Star Chamber , and Privy Council . Henry II developed the practice of sending judges (numbering around 20 to 30 in

18250-444: The prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the depth of decided cases. For example, London is considered the pre-eminent centre for litigation of admiralty cases. This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when

18396-643: The region ceded to Britain by the Netherlands , became subordinate to the Presidency of Fort William in Bengal , and under the Government of India Act 1800 these territories became subject to the jurisdiction of the Supreme Court of Fort William. The Indian Salaries and Pensions Act 1825 authorised the East India Company to place Singapore and Malacca under the administration of Prince of Wales' Island (now Penang ). The Company did so, thus creating

18542-434: The rules of contract and dispute resolution pertaining to breaches of contract. With regard to remedies in contract, the Singapore court has affirmed the English case of Hadley v Baxendale — which establishes two limbs that allow for the establishment of remoteness in cases of breach: natural losses arising from breach, and special knowledge of a plaintiff — in the case of MXM Restaurants v Fish & Co . In doing so,

18688-435: The same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law , statutory law and regulatory law also give rise to considerable complexity. Oliver Wendell Holmes Jr. cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in

18834-516: The sixth Legislature and were effective as of February 1, 1857. These came to be referred to as the "Old Codes." The code underwent a major reorganization and reconciliation of existing criminal laws with the adoption of the Texas Penal Code of 1974. According to the Texas Legislative Counsel, the main objectives of the Revised Penal Code were to (1) consolidate, simplify, and clarify the substantive law of crimes; (2) modernize

18980-499: The statute did not affirmatively require statutory solemnization and was silent as to preexisting common law. Court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies are sometimes called "interstitial common law," which includes judicial interpretation of fundamental laws, such as the US Constitution , of legislative statutes, and of agency regulations , and

19126-411: The statute must "speak directly" to the question addressed by the common law. Mobil Oil Corp. v. Higginbotham , 436 U. S. 618, 625 (1978); Milwaukee v. Illinois , 451 U. S. 304, 315 (1981). As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage , because

19272-758: The style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law, including Antigua and Barbuda, Australia , The Bahamas , Bangladesh, Barbados, Belize, Botswana, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus , Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong , India , Ireland , Israel , Jamaica, Kenya, Liberia, Malaysia , Malta , Marshall Islands, Micronesia, Myanmar, Namibia, Nauru, New Zealand , Nigeria, Pakistan , Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore , South Africa , Sri Lanka , Trinidad and Tobago,

19418-463: The thirteenth century has been traced to Bracton 's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books , of which the first extant was published in 1268, the same year that Bracton died. The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in

19564-405: The trend of judicial thought. We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of

19710-570: Was "common" to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. England spread the English legal system across the British Isles, first to Wales, and then to Ireland and overseas colonies ; this was continued by the later British Empire . Many former colonies retain the common law system today. These common law systems are legal systems that give great weight to judicial precedent, and to

19856-549: Was abolished, and territories formerly administered by the Company were transferred to the Crown acting through the recently appointed Secretary of State for India . This was effected by the Government of India Act 1858 ( 21 & 22 Vict. c. 106 (UK)). There was no change to the structure of the legal system – the Governor General of India continued to legislate for the Straits Settlements. Unfortunately, many Acts passed by

20002-446: Was acquired. In 1823 Raffles promulgated "Regulations" for the administration of the island. Regulation III of 20 January 1823 established a magistracy which had jurisdiction over "all descriptions of persons resorting under the British flag". The magistrates were enjoined to "follow the course of the British magistracy, as far as local circumstances permit, avoiding technicalities and unnecessary forms as much as possible, and executing

20148-594: Was conferred "full Power and Authority… to give and pass Judgement and Sentence according to Justice and Right". This key clause was later judicially interpreted to have introduced English law into the Straits Settlements. The present understanding of this clause is that it made all English statutes and principles of English common law and equity in force as at 27 November 1826 applicable in the Straits Settlements (including Singapore), unless they were both unsuitable to local conditions and could not be modified to avoid causing injustice or oppression. The Charter provided that

20294-497: Was devised as a means of compensating someone for wrongful acts known as torts , including both intentional torts and torts caused by negligence , and as developing the body of law recognizing and regulating contracts . The type of procedure practiced in common law courts is known as the adversarial system ; this is also a development of the common law. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating

20440-509: Was done away with, and in their place a unified Court of Appeal was constituted for both civil and criminal appeals. Judges of Appeal appointed to the Court of Appeal were no longer required to engage in High Court work. The Chief Justice sat as the President of the Court of Appeal. The establishment of the permanent Court of Appeal paved the way for the abolition of all appeals to the Privy Council with effect from 8 April 1994. Following this,

20586-589: Was expelled from the Federation and became a fully independent republic . This was effected by the signing of the Independence of Singapore Agreement of 7 August 1965 by Singapore and Malaysia, and the changes consequent to the Agreement were implemented by two Malaysian Acts, the Constitution and Malaysia (Singapore Amendment) Act 1965 and the Constitution (Amendment) Act 1966; and by two Singapore Acts,

20732-460: Was granted internal self-government and became the State of Singapore. This change was put into place by the Singapore (Constitution) Order in Council 1958 made under powers conferred by the State of Singapore Act 1958 ( 6 & 7 Eliz. 2 . c. 59 (UK)). The Legislative Council was transformed into a Legislative Assembly consisting mainly of elected members. During this period, the basic structure of

20878-418: Was near universal for centuries. Many notable writers, including A. V. Dicey , William Markby , Oliver Wendell Holmes , John Austin , Roscoe Pound , and Ezra Ripley Thayer , eventually adopted the modern definition of common law as "case law" or ratio decidendi , which serves as binding precedent . In a common law jurisdiction several stages of research and analysis are required to determine "what

21024-657: Was remedied in 1969, when the Constitution was amended to establish the Supreme Court of Singapore replacing the Federal Court of Malaysia with respect to Singapore, while retaining the Judicial Committee of the Privy Council in London as Singapore's court of final appeal. The Supreme Court was divided into two divisions: the upper division consisted of the Court of Appeal and the Court of Criminal Appeal, which respectively dealt with civil and criminal matters;

21170-495: Was the successor of the Malacca Sultanate , both of which had their own codes of law. It is also possible that adat law , often inadequately translated as "customary law", governed the inhabitants of the island prior to its acquisition by the British. However, little, if anything, is known about the laws that were actually applicable. The British have always assumed that no law prevailed on the island of Singapore when it

21316-473: Was transferred to the Governor General of India in Council , thus inaugurating the period of Straits Settlements history known as the period of the "Indian Acts". The Court of Judicature was reorganised by the Third Charter of Justice of 12 August 1855. The Straits Settlements now had two Recorders, one for Prince of Wales' Island, the other for Singapore and Malacca. In 1858 the East India Company

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