ACCAF4法律的三种分类五种特征!

发布时间:2019-07-20


ACCA作为财会界的黄金证书,一直是很多小伙伴向往的考取的证书,但是因为其考试科目多,考试难度大的问题难倒了很多小伙伴,为此小编特地整理了关于ACCAF4的考试备考内容,具体内容如下。

一、三种分类方式

判例法(case law)指可作为先例据以决案的法院判决,是法官造法,也就是我们说的司法者造法,这点通常与成文法 (statute law) 相对,成文法是由议会制定法律。判例法和成文法都是英国法系法律的两个重要渊源 (source of law) ,也是重要的法律类型之一(types of law)。此时这种分类是按照法律制定的主体来区分的。

根据判例法制度,某一判决中的法律规则不仅适用于该案,而且往往作为一种先例(precedent)而适用于以后该法院或下级法院所管辖的案件。只要案件的基本事实相同或相似,就必须以判例所定规则处理。这就是所谓“遵循先例” (stare decisis) 原则。

此外,我们又可以通过法律规范的主体是否平等,将法律分为私法 (private law) 和公法(public law)

私法 (private law) 主要是指调整普通公民,组织之间关系的法律,在社会层面上双方当事人的法律地位平等,私法关键在于调整公民个人的权利义务关系(right and obligation)

公法(public law)主要是指调整国家与普通公民、组织之间关系的法律,从定义中可以看出双方当事人中必须至少有一方是公权力机关。在我们生活中的tax lawconstituition law都是属于公法范畴的。

最后我们还可以依据法律规范的内容不同,将法律分为刑法(criminal law)和民法 (civil law)。民法属于私法的范畴,重点在于双方当事人之间权利与义务的分配,刑法属于公法的范畴,重点在于确定什么样的行为是犯罪行为,和对于犯罪行为给与怎么样的处罚(punishment),所以可以归纳为三个字罪与罚。考试中时常会考到两者的区别,需要同学们对该块内容加以重视。

二、五大必会特征

1. Burden of proof 举证责任

举证责任的一般原则是谁主张,这举证。在民事案件中由我们的原告(claimant)进行举证,在刑事案件中由国家提起公诉,这里的检察官(prosecution)就是代表国家。

2. Standard of proof 举证的标准

在民法中,举证的标准是看原告和被告谁的证据更占优势,即谁的证词可能性越高(balance of probabilities),谁胜诉的概率就越高。

在刑事案件中,举证的标准会明显提高,需要排除一切合理的怀疑(beyond reasonable doubt)。这是由于刑事案件的两方在法律地位上是不平等的,且刑事案件的判决结果对于被告人更为严重,所以公诉人想要胜诉,必须承担更高的举证标准,来证明被告有罪。

3. Decision 判决结果

在民事案件中,判决结果是被告是否有责任(liable / not liable),而在刑事案件中,判决结果往往是被告人是否有罪(guilty / not guilty)

4. Aim 法律目的

民法的目的是provide compensatory remedies,具有补偿性质,而并非惩罚。但在刑事案件中,法院对国家不允许或者不赞成的行为,给与惩罚(punishment)

5. Remedies 救济方式

在民事案件中,被告如果有责任,一般给到原告赔偿金(damages)作为救济方式,但是在刑事案件中,被告人如果有罪,就会受到收监关押(prinson)和罚金(fines)的惩罚。

综合以上就是关于ACCAF4的备考内容,希望对各位小伙伴有用,小编将持续更新相关内容。


下面小编为大家准备了 ACCA考试 的相关考题,供大家学习参考。

(b) What are the advantages and disadvantages of using a balanced scorecard to better assess the overall

performance of Lawson Engineering? (8 marks)

正确答案:
(b) In many ways Lawson Engineering and its performance explains why Kaplan and Norton developed the balanced scorecard
to overcome the reliance on traditional, and they would argue flawed, financial measures of performance such as return on
capital employed (ROCE). Lawson Engineering as a privately owned company does not have the same pressure to maximise
shareholder wealth, which is the overarching long-term goal of publicly quoted companies. The intangible resources discussed
above – both internal and external – reflect the success of the company in meeting the expectations of the other key
stakeholders in the business, namely customers, employees and suppliers. In terms of the other measures of performance
used in the balanced scorecard the customer perspective seems to be very much a positive area of performance. Lawson
Engineering has developed a clear niche strategy based on the excellence of its products. Market share as a measure of
customer satisfaction is not too relevant as the company has chosen to develop its own markets and is not looking for large
volumes and a dominant market share. The growth of the company suggests that it is both retaining its existing customer
base and acquiring new ones. Clearly there need to be measures in place to show where its growth is coming from. Customer
acquisition is usually an expensive but necessary activity and cutomer retention a more positive route to profitability. Today
there is increasing emphasis on customer relationship management (CRM) and measures to show the share of a particular
customer’s business the company has, rather than the overall market share the company has achieved. Michael Porter has
drawn attention to the fact that having the biggest market share is not necessarily associated with being the most profitable
company in that market. Customer acquisition and retention are both useful indicators of customer satisfaction which many
companies have problems in measuring. Finally, knowing which customers are profitable ones is a key requirement.
Surprisingly there is a lot of evidence to suggest that many companies are unsure which of their products and which
customers actually contribute to their profits.
The third measure in the balanced scorecard is an internal one – the effectiveness or otherwise of the firm’s internal processes.
In turn there are three areas where performance should be measured – innovation, operational processes and after sales
service (where appropriate). Innovation itself is a result of effective internal processes and Lawson Engineering through its
patents and awards has tangible evidence of its success. Many firms are measuring the contribution of products introduced
in the last three or four years – 3M, a global manufacturer of consumer and industrial products looks to achieve 30% of its
sales from products that are less than four years old. Equally important in a company such as Lawson Engineering is the time
taken to develop and get new products to their customers. The strategy of being ‘first to market’ can be a very effective
competitive strategy.
Equally important for the customers are the operational processes that produce and deliver the inputs from their suppliers.
The introduction of JIT and the use of technology to shorten and simplify the links between supplier and customer are ways
of shortening lead times and increasing customer satisfaction. Lawson Engineering has looked to innovate its processes as
well as its products and can look to develop measures of key areas of operational performance. Finally it is worth stressing
that financial performance, customer satisfaction and effective internal processes are all dependent on the people who make
things happen in the firm. Employees and the way they learn and grow in their jobs will determine whether or not the firm
succeeds. Again there is evidence to suggest that Lawson Engineering’s employees are being trained and developed and as
a consequence are well motivated.
The balanced scorecard has been criticised on a number of accounts. Firstly, such a comprehensive set of performance
measures will take considerable time and commitment on the part of senior management to develop. There is a need to avoid
over-complexity and assess the costs and benefits of the process. Secondly, there is the question of whether all the key
stakeholders have shared goals and expectations and whether the measures are focused on short-, medium- or long-term
performance. Thirdly, its focus on internal and external processes may not come easily to firms that have organised themselves
on traditional lines. Most organisations have retained departments within which functional specialists are located, e.g.
production, marketing etc. Changing the way performance is measured may need a radical change in culture and meetsignificant resistance.

(b) Describe the principal audit work to be performed in respect of the useful lives of Shire Oil Co’s rig platforms.

(6 marks)

正确答案:
(b) Principal audit work – useful life of rig platforms
Tutorial notes: The platforms are just one item of each rig. Candidates should not be awarded marks here for the matters
to be considered in the assessment of useful lives (since this is illustrated in the scenario). No marks will be awarded for
criticising management for estimating useful lives on a per platform. basis or for audit work on depreciation charges/carrying
amounts unrelated to the determination of useful lives.
■ Review of management’s annual assessment of the useful life of each rig at 31 December 2005 and corroboration of
any information that has led to a change in previous estimates. For example, for the abandoned rig, where useful life
has been assessed to be at an end, obtain:
? weather reports;
? incident report supported by photographs;
? insurance claim, etc.
■ Consider management’s past experience and expertise in estimating useful lives. For example, if all lives initially
assessed as short (c. 15 years) are subsequently lengthened (or long lives consistently shortened) this would suggest
that management is being over (under) prudent in its initial estimates.
■ Review of industry comparatives as published in the annual reports of other oil producers.
■ Comparison of actual maintenance costs against budgeted to confirm that the investment needed in maintenance, to
achieve expected life expectancy, is being made.
■ Comparison of actual output (oil extracted) against budgeted. If actual output is less than budgeted the economic life
of the platform. may be:
? shorter (e.g. because there is less oil to be extracted than originally surveyed); or
? longer (e.g. because the rate of extraction is less than budgeted).
Tutorial note: An increase in actual output can be explained conversely.
■ A review of the results of management’s impairment testing of each rig (i.e. the cash-generating unit of which each
platform. is a part).
■ Recalculations of cash flow projections (based on reasonable and supportable assumptions) discounted at a suitable
pre-tax rate.
Tutorial note: As the rigs will not have readily determinable net selling prices (each one being unique and not available
for sale) any impairment will be assessed by a comparison of value in use against carrying amount.
■ Review of working papers of geologist/quantity surveyor(s) employed by Shire supporting estimations of reserves used
in the determination of useful lives of rigs.

(b) Calculate the percentage of maximum capacity at which the zoo will break even during the year ending

30 November 2007. You should assume that 50% of the revenue from sales of ticket type ZC is attributable

to the zoo. (7 marks)

正确答案:

声明:本文内容由互联网用户自发贡献自行上传,本网站不拥有所有权,未作人工编辑处理,也不承担相关法律责任。如果您发现有涉嫌版权的内容,欢迎发送邮件至:contact@51tk.com 进行举报,并提供相关证据,工作人员会在5个工作日内联系你,一经查实,本站将立刻删除涉嫌侵权内容。