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) As a newly-qualified Chartered Certified Accountant, you have been asked to write an ‘ethics column’ for a trainee

accountant magazine. In particular, you have been asked to draft guidance on the following questions addressed

to the magazine’s helpline:

(i) What gifts or hospitality are acceptable and when do they become an inducement? (5 marks)

Required:

For each of the three questions, explain the threats to objectivity that may arise and the safeguards that

should be available to manage them to an acceptable level.

NOTE: The mark allocation is shown against each of the three questions above.

正确答案:
(b) Draft guidance
(i) Gifts and hospitality
Gifts and hospitality may be offered as an inducement i.e. to unduly influence actions or decisions, encourage illegal or
dishonest behaviour or to obtain confidential information. An offer of gifts and/or hospitality from a client ordinarily gives
rise to threats to compliance with the fundamental principles, for example:
■ self-interest threats to objectivity and/or confidentiality may be created if a gift from a client is accepted;
■ intimidation threats to objectivity and/or confidentiality may arise through the possibility of such offers being made
public and damaging the reputation of the professional accountant (or close family member).
The significance of such threats will depend on the nature, value and intent behind the offer. There may be no significant
threat to compliance with the fundamental principles if a reasonable and informed third party would consider gifts and
hospitality to be clearly insignificant. For example, if the offer of gifts or hospitality is made in the normal course of
business without the specific intent to influence decision making or to obtain information.
If evaluated threats are other than clearly insignificant, safeguards should be considered and applied as necessary to
eliminate them or reduce them to an acceptable level.
Offers of gifts and hospitality should not be accepted if the threats cannot be eliminated or reduced to an acceptable
level through the application of safeguards.
As the real or apparent threats to compliance with the fundamental principles do not merely arise from acceptance of
an inducement but, sometimes, merely from the fact of the offer having been made, additional safeguards should be
adopted. For example:
■ immediately informing higher levels of management or those charged with governance that an inducement has
been offered;
■ informing third parties (e.g. a professional body) of the offer (after seeking legal advice);
■ advising immediate or close family members of relevant threats and safeguards where they are potentially in
positions that might result in offers of inducements (e.g. as a result of their employment situation); and
■ informing higher levels of management or those charged with governance where immediate or close family
members are employed by competitors or potential suppliers of that organisation.

2 The activities of an organisation have to be managed and co-ordinated to ensure that its objectives are met. The organisation’s structure is designed to support this.

Required:

(a) What is meant by the term ‘organisational structure,’ often shown as an organisation chart? (5 marks)

正确答案:
2 All organisations of whatever size have to work in a co-ordinated way to ensure that the objectives laid down are achieved.However, for effective co-ordination to take place, the structure must be correct and understood. Very often, managers know the structure but cannot explain its significance or appropriateness.
(a) The structure of an organisation is often depicted as a chart. The structure explains the communication pattern, the linking mechanism between departments, tasks and individuals, the co-ordinating mechanism that ensures the entire organization is working toward the same objective, and who is in control of the organisation’s activities and at what level in the organisation.

The senior management team is aware of your success in implementing necessary change following a change in

ownership and control.

(c) Identify and explain the key areas of change likely to be needed in Bonar Paint in order to implement a

successful buyout. (15 marks)

正确答案:
(c) A management buyout represents a change in ownership rather than a change in strategy. However it should, as suggested
above, lead to a comprehensive review of the customers and product groups the firm chooses to supply and the basis on
which it seeks to achieve competitive advantage. In terms of the strategy pursued prior to the buyout, Bonar Paint seems to
be trying to achieve a differentiation focus strategy but without being able to achieve the higher profit margins associated with
the successful implementation of such a strategy.
If as seems likely Bonar Paint chooses to become a more focused company through product range reduction and serving fewer
customers, implementation of such a strategy will have clear implications for the whole of the organisation. Using the
McKinsey 7S model strategy change will lead to changes in the structure of the organisation. The departure of Bill and Jim
Bonar will have major repercussions for the roles taken by the three senior managers. Decisions will be needed on who is to
lead the company and the responsibilities of the other two managers. Bonar Paint has a very traditional functional structure
with the managers being responsible for discrete areas of activity. The change in ownership gives a major opportunity to see
whether this structure continues to be an appropriate one for handling the challenges of an increasingly competitive
environment. Any significant change to the product and/or customer portfolio as proposed by Tony Edmunds will need to be
implemented through a change to the structure. Product divisions may need to be set up if there is a decision to enter the
market for D-I-Y paints.
Systems will also need to change to accommodate any reduction in the product range and numbers of customers. Reference
has already been made to the impact on the production side of the business of such a strategic decision and the associated
consequences for areas such as sales and finance. Clearly, the lack of marketing information on product sales, customers and
profitability needs to be quickly addressed before any divestment decisions are taken. Making strategic decisions using poor
or inadequate information is a recipe for disaster. Decisions on new product development also will require a system that better
integrates the interests and information of the key functional areas.
Staff are the critical resource without which the buyout will not succeed. The change in ownership will cause uncertainty and
the buyout managers will need to spell out the changes that are both necessary and needed. Changes to the product and
customer portfolio will have a significant impact on some members of staff. Issues of redundancy/redeployment are best
addressed early, along with opportunities the change in strategy will create. Closely linked to staff are the skills those staff
will need to implement chosen strategy. The need to have a greater awareness of customer and competitor activity will require
new skills in the marketing area. Any investment in new production technology will affect the type of skills needed to use it.
The links between strategic decisions and human resource strategy need to be appreciated.

Style. concerns the way the three buyout managers carry out their new roles and communicate with staff. There is a significant
difference between leading and managing the business and each of the buyout managers will need to communicate a clear
sense of where the firm is going and inspiring staff to follow their vision and mission. This links closely with the concept of
shared values and the overall culture of the firm. The exit of the founders of the business could potentially create a cultural
void, which could lead to staff uncertainty. Unless quickly addressed good staff may leave the firm and adversely affect the
strategic change the new owners and managers are trying to introduce.
In implementing a chosen strategy there is a danger that the ‘hard’ Ss of strategy, structure and systems are attended to while
the soft Ss of staff, skills, style. and shared values are largely ignored. There is compelling evidence to suggest that it is thesoft Ss which will determine the success or otherwise of the management buyout.

(b) Calculate the value of the closing stocks of finished goods at the end of the three-month period, and the value

of cost of sales for the period. (3 marks)

正确答案:
(b) Opening stock of finished goods = £69,800
Closing stock of finished goods = 2,000 x 18·66 = £37,320
Cost of sales for three-month period = 69,800 + 2,262,380 – 37,320 = £2,294,860

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