SelLecture 1 - 2010 - INTRODUCTION TO LEGAL ENVIRONMENT OF...

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INTRODUCTION TO LEGAL ENVIRONMENT OF BUSINESS LECTURES 1 & 2
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INTRODUCTION TO LAW What is law? Why do you need laws? Is there a connection between law and business? If so – why not just leave it to lawyers? Why should the business know about the law? Which country’s laws will we be looking at?
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Law and Ethics What is ethics? (a) Can something which is illegal also be unethical? (b) Can something be legal but unethical? (c) Can something be illegal but ethical? (d) What is the implication of (a) on a business?
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SOURCES OF LAW Essentially, there are two sources of law: (a) Statutes/Acts/Legislation (b) Cases
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Statutes/Acts/Legislation Made by whom? - - Can statute law grow/change over time? How/where can you access them? - http://statutes.agc.gov.sg/
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Cases Made by whom? Note: general doctrine of precedent (Why is there such a doctrine?) Note: case law, just like statute law can grow/change over time. How/where can you access them? - lawnet.com.sg
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High Court – (2010) - Doctors in principle can be liable in negligence. Lower Court – (2011) - Doctor being sued in negligence – is the court bound by the 2010 HC decision? Lower Court – (2011) - Lawyer being sued in negligence – is the court bound by the 2010 HC decision?
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Statutes and Cases So the legal solution to any problem lies in looking at the relevant _____________. Would a typical business actually refer to statutes and cases? Statute Law Case Law US Yes Yes China Yes No India Yes Yes Indonesia Yes No Thailand Yes No Vietnam Yes No South Korea Yes No
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CRIMINAL AND CIVIL PROCEEDINGS Proceedings heard in court may be “criminal” or “civil” in nature. What are some examples of criminal matters? When will the doing of something amount to a crime? Issues that affect the private rights and obligations of two parties is civil matter. What are some examples of civil matters?
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Some differences (generally speaking) between criminal and civil proceedings Criminal Action Civil Action Parties State v Defendant Plaintiff v Defendant Aim Terminology Burden of Proof
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