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。

(iii) problems with delegation; (4 marks)

正确答案:
(iii) Problems with delegation are threefold. Firstly, reluctance from managers who are afraid of losing control, who fear that subordinates may carry out the work badly and who are resentful of subordinate development. Secondly, there is the problem of lack of confidence, lack of self confidence in the manager and often a lack of confidence in the subordinates.Thirdly, there are problems of trust; that is the amount of trust the superior has in the subordinate and the trust that the subordinate feels the superior has in him or her.

(b) Prepare the balance sheet of York at 31 October 2006, using International Financial Reporting Standards,

discussing the nature of the accounting treatments selected, the adjustments made and the values placed

on the items in the balance sheet. (20 marks)

正确答案:

Gow’s net assets
IAS36 ‘Impairment of Assets’, sets out the events that might indicate that an asset is impaired. These circumstances include
external events such as the decline in the market value of an asset and internal events such as a reduction in the cash flows
to be generated from an asset or cash generating unit. The loss of the only customer of a cash generating unit (power station)
would be an indication of the possible impairment of the cash generating unit. Therefore, the power station will have to be
impairment tested.
The recoverable amount will have to be determined and compared to the value given to the asset on the setting up of the
joint venture. The recoverable amount is the higher of the cash generating unit’s fair value less costs to sell, and its value-inuse.
The fair value less costs to sell will be $15 million which is the offer for the purchase of the power station ($16 million)
less the costs to sell ($1 million). The value-in-use is the discounted value of the future cash flows expected to arise from the
cash generating unit. The future dismantling costs should be provided for as it has been agreed with the government that it
will be dismantled. The cost should be included in the future cash flows for the purpose of calculating value-in-use and
provided for in the financial statements and the cost added to the property, plant and equipment ($4 million ($5m/1·064)).
The value-in-use based on a discount rate of 6 per cent is $21 million (working). Therefore, the recoverable amount is
$21 million which is higher than the carrying value of the cash generating unit ($20 million) and, therefore, the value of the
cash generating unit is not impaired when compared to the present carrying value of $20 million (value before impairment
test).
Additionally IAS39, ‘Financial Instruments: recognition and measurement’, says that an entity must assess at each balance
sheet date whether a financial asset is impaired. In this case the receivable of $7 million is likely to be impaired as Race is
going into administration. The present value of the estimated future cash flows will be calculated. Normally cash receipts from
trade receivables will not be discounted but because the amounts are not likely to be received for a year then the anticipated
cash payment is 80% of ($5 million × 1/1·06), i.e. $3·8 million. Thus a provision for the impairment of the trade receivables
of $3·2 million should be made. The intangible asset of $3 million would be valueless as the contract has been terminated.
Glass’s Net Assets
The leased property continues to be accounted for as property, plant and equipment and the carrying amount will not be
adjusted. However, the remaining useful life of the property will be revised to reflect the shorter term. Thus the property will
be depreciated at $2 million per annum over the next two years. The change to the depreciation period is applied prospectively
not retrospectively. The lease liability must be assessed under IAS39 in order to determine whether it constitutes a
de-recognition of a financial liability. As the change is a modification of the lease and not an extinguishment, the lease liability
would not be derecognised. The lease liability will be adjusted for the one off payment of $1 million and re-measured to the
present value of the revised future cash flows. That is $0·6 million/1·07 + $0·6 million/(1·07 × 1·07) i.e. $1·1 million. The
adjustment to the lease liability would normally be recognised in profit or loss but in this case it will affect the net capital
contributed by Glass.
The termination cost of the contract cannot be treated as an intangible asset. It is similar to redundancy costs paid to terminate
a contract of employment. It represents compensation for the loss of future income for the agency. Therefore it must be
removed from the balance sheet of York. The recognition criteria for an intangible asset require that there should be probable
future economic benefits flowing to York and the cost can be measured reliably. The latter criterion is met but the first criterion
is not. The cost of gaining future customers is not linked to this compensation.
IAS18 ‘Revenue’ contains a concept of a ‘multiple element’ arrangement. This is a contract which contains two or more
elements which are in substance separate and are separately identifiable. In other words, the two elements can operate
independently from each other. In this case, the contract with the overseas company has two distinct elements. There is a
contract not to supply gas to any other customer in the country and there is a contract to sell gas at fair value to the overseas
company. The contract has not been fulfilled as yet and therefore the payment of $1·5 million should not be taken to profit
or loss in its entirety at the first opportunity. The non supply of gas to customers in that country occurs over the four year
period of the contract and therefore the payment should be recognised over that period. Therefore the amount should be
shown as deferred income and not as a deduction from intangible assets. The revenue on the sale of gas will be recognised
as normal according to IAS18.
There may be an issue over the value of the net assets being contributed. The net assets contributed by Glass amount to
$21·9 million whereas those contributed by Gow only total $13·8 million after taking into account any adjustments required
by IFRS. The joint venturers have equal shareholding in York but no formal written agreements, thus problems may arise ifGlass feels that the contributions to the joint venture are unequal.


(c) Increasing the revaluation reserve to $300,000 by revaluing goodwill from $800,000 to $1,000,000.

(1 mark)

正确答案:
(c) IFRS 3 Business combinations does not allow goodwill to be revalued upwards.

(e) Internal controls are very important in a complex civil engineering project such as the Giant Dam Project.

Required:

Describe the difficulties of maintaining sound internal controls in the Giant Dam Project created by working

through sub-contractors. (4 marks)

正确答案:
(e) Control and sub-contractors
Specifically in regard to the maintenance of internal controls when working with sub-contractors, the prominent difficulties
are likely to be in the following areas:
Configuring and co-ordinating the many activities of sub-contractors so as to keep progress on track. This may involve taking
the different cultures of sub-contractor organisations into account.
Loss of direct control over activities as tasks are performed by people outside R&M’s direct employment and hence its
management structure.
Monitoring the quality of work produced by the sub-contractors. Monitoring costs will be incurred and any quality problems
will be potentially costly.
Budget ‘creep’ and cost control. Keeping control of budgets can be a problem in any large civil engineering project (such the
construction of the new Wembley Stadium in the UK) and problems are likely to be made worse when the principal contractor
does not have direct control over all activities.
Time limit over-runs. Many projects (again, such as the new Wembley Stadium, but others also) over-run significantly on time.
Tutorial note: only four difficulties need to be described.

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