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When I let go of what I am, I become what I might be.
Pain is inevitable, but misery is optional.

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Squareface.

Credits
©Glamouresque.
Tuesday, April 28, 2009

Ohmyfgosh.

Tutorial 2

(1) Read the attached newspaper report (Straits Times Interactive 19 June 2002) and answer the following questions.

(a) List all the words in the report that suggest the person/organisation named in the report is/are being dealt with under the criminal law.

(b) State the laws that the person/organisation is accused of breaching.

(c) How will the breaches of the law in question be enforced if the accused persons are found guilty?

(d) What is the purpose of imposing bail on an accused person?

(e) If it is proven that Ms.Selvarani Raja’s death was caused by Slim 10, could her family take legal action against the person’s named in the report? Would that case be classified as civil or criminal? Discuss

(f) State any three difference(s) between this rule of law and a Polytechnic regulation banning the sporting of long hair by male students.

(2) Please read the newspaper report titled “Fees depend on time spent, length of trial (The Straits Times Wed June 26 2002) (hard copy distributed to students and available in Master File)

(a) According to the report how can clients keep their legal costs within

their budget?

(b) How will an understanding of basic law help a client in briefing a

lawyer?

(c) In your opinion are the fees charged by lawyers as stated in the article reasonable?

(3) Go to http://statutes.agc.gov.sg. Look up the SMOKING (CONTROL OF ADVERTISEMENTS AND SALE OF TOBACCO) ACT

(a) What is the short title of this Act?

(b) What do we call the main paragraphs and sub- paragraphs of this Act?

(c) Explain briefly the process by which this was passed.

(d) When the Minister makes rules or regulations under section 37 of this Act, what sort of legislation would he be making? What is the status of such a law?

(e) Why is it necessary to give the Minister power to make regulations or rules (subordinate legislation) under section 32 of the Act?

(4) Go to www.subcourts.gov.sg. Look up the FAQ sections listed for “Civil Courts” and “Small Claims Tribunals” and answer the following questions:

(a) Why is it difficult for a person to represent himself in court?

(b) What happens if a person cannot afford legal fees?

(c) What is the meaning of “natural justice”?

(d) Why is it important for a non-lawyer to have some idea of the jurisdiction of the various courts?

(e) Do you think that these jurisdictional limits might change over time? If yes, to what sources could you refer to obtain the updated information?

(5) Complete Blackboard Questionnaire 1 and be prepared to explain your answers in tutorial. This is a compulsory exercise. Should the tutor reasonably believe that you have not attempted the questionnaire he/she may take that fact into account in the award of participation marks.

(6) Jerry Wong, a confident young man applied for a job at a market research firm owned by Stella Sun. Impressed with Jerry, Stella hired him to do market research. Jerry had stated in his interview with Stella that he had excellent research skills and that he had received several distinctions for all market research related modules in the polytechnic that he had attended. Stella took his word for it and did not bother to ask for proof of his qualifications.

As it turned out Jerry made several appalling mistakes in his research work for the first client he was assigned. The mistakes went undetected until the client saw the final research report. As there were numerous mistakes to be corrected, Stella had to delay handing over the research report to the client. The client, Mr. Nononsense, was very upset with Stella and decided to terminate his contract worth $30 000 with Stella Sun.

Stella called Jerry in and after questioning him, discovered that he had lied about having excellent research skills. He had failed some of his research modules and managed only “Ds” on the others. A lawyer has advised Stella that she could sue Jerry under civil law for making the false statements during the interview as the false statements had led her to engage Jerry.

Answer the following questions some of which require reference to your notes and others merely logical deductions.

(a) Do you think Mr. Nononsense had a right to terminate the services of Stella Sun?

(b) Assume you are Stella Sun and wish to sue Jerry Wong what considerations would you have to keep in mind?

(c) Play the role of Stella briefing the lawyer about the facts of the case. The lecturer will play the role of the lawyer. You may add on details within reasonable limits based on the facts. It has been said that a good lawyer can lose a case because of a bad client. Your job is to be a “good” client who can brief the lawyer in an organised and clear manner. You are also free to ask the lawyer any questions or clarify doubts.

(d) If Stella wins the case and the Judge orders Jerry to pay $20 000 to Stella, what methods are available to her to enforce the judgment against Jerry?

(e) What advantages and disadvantages would Stella have if she chose the following over litigation?

(i) Mediation

(ii) Arbitration.

(7) In the case of Donoghue v Stevenson (1932), an English precedent, the plaintiff, a lady was given a bottle of ginger beer by a friend. The ginger beer bottle contained the remains of a dead snail. The lady was shocked when she saw the sight of the dead snail and became sick. Assume that the judge decided that the manufacturer who manufactured the ginger beer was negligent (negligence refers to legal carelessness) and should compensate the plaintiff.

Parts (a) and (b) are optional activities to be carried out if there is time.

(a) Create a set of facts that a similar to the above precedent and act it out

in class. (The class is to be divided into groups for this purpose)..

(b) Assume there is no legislation that is relevant to the case you have created. The Singapore courts however accept Donoghue v Stevenson as part of Singapore case law. Assign one of your group members to play the role of the judge. The judge has to decide the case and give reasons for his/her decision.

(c) Explain any two differences between case law/common law and

legislation.

I think my blaw tutor need to see a shrink more badly than me. She's attempting to murder Sp dac04.

OH, i have this cost tutor, who seem a little gay, but nice. Grace and me concluded, if he aint gay, he would be a great husband. (:

*Slapping myself* this isnt real, this is an illusion. Self proclaim: NO BLAW HOMEWORK! *jumpsforjoy. yet falling back into reality, decided to do it tmr instead.
But baby, where they knock you down and out
Is where you oughta stay