Wednesday, May 6, 2020
Perusing Arguments And Evidences Presented ââ¬Myassignmenthelp.Com
Question: Discuss About The Perusing Arguments And Evidences Presented? Answer: Introducation The court visit would enable the student to understand the jurisdictions of the different courts and the matters dealt by each court. The difference between the civil and the criminal proceedings are as follows: The first case is a civil suit and the second case citation is a criminal case; The proceedings of the civil suit had been conducted before the District Judge and the legal proceedings for the second case had been held before the Magistrate Court; The civil suit was dealt under the Contract Act whereas the second case was dealt under the Code of Criminal Procedure; The penalties levied upon the wrongdoer and the accused person differs in each of legal proceedings; On the other hand, the similarity between both the civil and criminal proceedings in Singapore is as follows: . The trial proceedings in both the cases were heard before the High Court of Singapore; In both the legal proceedings, the accused and the wrongdoer were imposed penalties; The High Court attends both civil and criminal matters as well as the decisions of the Magistrates courts and District courts. The High Court exercises its supervisory jurisdiction over all the subordinates courts with respect to civil or criminal matters. The difference between the criminal and the civil proceedings can be demonstrated by the following two case Overview of the case The issue arising in the present case is related to the breach of contract, misstatement and misrepresentation of fact. CTL entered into a contract with Huawei International Pte where the respondent consented to operate WiMAX network on behalf of CTL. The dispute arose in respect of the annexure 6 of the contract agreement. After perusing the matter, Creative terminated the contract as there was a breach of contract terms of providing good quality product. Courts decision After perusing the arguments and evidences presented by both the parties, court held that Huawei provided a wrong statement to creative statement. Further, the defendant was held liable for causing management and was imposed pecuniary penalties on him. Public Prosecutor v Chan Lie Sian [2017] SGHC 205 Date and Time: 25 August 2017. 11.00 a.m. Name of the Court: High Court, Singapore Nature of the proceeding: Public Prosecutor v Chan Lie Sian [2017] SGHC 205 Name of Judge: Hoo Sheau Peng Nature of Dispute: commission of murder is the issue in this case. Case Overview: The defendant was convicted for committing murder under section 300 (a) and Section 302 (1) of the Criminal Procedure Code. The accused was alleged to have beaten the deceased to death, as he believed that the deceased had stolen accounting of money from the accused. Courts decision Since the accused person failed to take any reasonable steps in his defense, the court held the accused person guilty of murder under section 300 (a) of Crpc and awarded him with punishment. Personal Observation Therefore, from the court visit and going through such cases the /student will understand the applicability of the legal provisions that they study in books and classroom. Thus, the case will throw a light on the practical applicability of the legal provisions and the function of the judicial system in implementing and interpretation of the laws in the country. Thus, I gained the practical applications of the legal provisions and knowledge regarding the practical functionality of the courts. Reference: (2017). Retrieved 24 August 2017, from https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2017/32.html Cane, P., Atiyah, P. S. (2013).Atiyah's accidents, compensation and the law. Cambridge University Press. Craig, A., Tran, Y., Guest, R., Gopinath, B., Jagnoor, J., Bryant, R. A., ... Cameron, I. (2016). psychology impact of injuries sustained in motor vehicle crashes: systematic review and meta-analysis.BMJ open,6(9), e011993. Douglas, J., Atkins, E., Clift, H. (2015). Judicial Rulings with Prospective Effect in Australia. InComparing the Prospective Effect of Judicial Rulings Across Jurisdictions(pp. 349-358). Springer International Publishing. Elbers, N. A., Collie, A., Hogg-Johnson, S., Lippel, K., Lockwood, K., Cameron, I. D. (2016). Differences in perceived fairness and healthcare outcomes in two injury compensation systems: a comparative study.BMC public health,16(1), 658. Tokley, A. (2017). Applications for special leave to appeal to the high court.Bulletin (Law Society of South Australia),39(6), 20.
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