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 law,constituition 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。
(ii) authority; (3 marks)
(ii) AUTHORITY is the scope and amount of discretion given to a person to make decisions by virtue of the position held within the organisation. The authority and power structure of an organisation defines the part each member of the organisation is expected to perform. and the relationship between the organisation’s members so that its efforts are effective. The source of authority may be top down (as in formal organisations) or bottom up (as in social organizations and politics). In the scenario, authority is from the top and should be delegated downwards.
The town of Brighttown in Euraria has a mayor (elected every five years by the people in the town) who is responsible for, amongst other things, the transport policy of the town.
A year ago, the mayor (acting as project sponsor) instigated a ‘traffic lite’ project to reduce traffic congestion at traffic lights in the town. Rather than relying on fixed timings, he suggested that a system should be implemented which made the traffic lights sensitive to traffic flow. So, if a queue built up, then the lights would automatically change to green (go). The mayor suggested that this would have a number of benefits. Firstly, it would reduce harmful emissions at the areas near traffic lights and, secondly, it would improve the journey times for all vehicles, leading to drivers ‘being less stressed’. He also cited evidence from cities overseas where predictable journey times had been attractive to flexible companies who could set themselves up anywhere in the country. He felt that the new system would attract such companies to the town.
The Eurarian government has a transport regulation agency called OfRoad. Part of OfRoad’s responsibilities is to monitor transport investments and it was originally critical of the Brighttown ‘traffic lite’ project because the project’s benefits were intangible and lacked credibility. The business case did not include a quantitative cost/benefit analysis. OfRoad has itself published a benefits management process which classifies benefits in the following way.
Financial: A financial benefit can be confidently allocated in advance of the project. Thus if the investment will save $90,000 per year in staff costs then this is a financial benefit.
Quantifiable: A quantifiable benefit is a benefit where there is sufficient credible evidence to suggest, in advance, how much benefit will result from the project. This benefit may be financial or non-financial. For example, energy savings from a new building might be credibly predicted in advance. However, the exact amount of savings cannot be accurately forecast.
Measurable benefit: A measurable benefit is a benefit which can only be confidently assessed post-implementation, and so cannot be reliably predicted in advance. Increase in sales from a particular initiative is an example of a measurable benefit. Measurable benefits may either be financial or non-financial.
Observable benefit: An observable benefit is a benefit which a specific individual or group will decide, using agreed criteria, has been realised or not. Such benefits are usually non-financial. Improved staff morale might be an example of an observable benefit.
One month ago, the mayoral elections saw the election of a new mayor with a completely distinct transport policy with different objectives. She wishes to address traffic congestion by attracting commuters away from their cars and onto public transport. Part of her policy is a traffic light system which gives priority to buses. The town council owns the buses which operate in the town and they have invested heavily in buses which are comfortable and have significantly lower emissions than the conventional cars used by most people in the town. The new mayor wishes to improve the frequency, punctuality and convenience of these buses, so that they tempt people away from using their cars. This will require more buses and more bus crews, a requirement which the mayor presents as ‘being good for the unemployment rate in this town’. It will also help the bus service meet the punctuality service level which it published three years ago, but has never yet met. ‘A reduction in cars and an increase in buses will help us meet our target’, the mayor claims.
The mayor has also suggested a number of initiatives to discourage people from taking their cars into the town. She intends to sell two car parks for housing land (raising $325,000) and this will reduce car park capacity from 1,000 to 800 car spaces per day. She also intends to raise the daily parking fee from $3 to $4. Car park occupancy currently stands at 95% (it is difficult to achieve 100% for technical reasons) and the same occupancy rate is expected when the car park capacity is reduced.
The new mayor believes that her policy signals the fact that Brighttown is serious about its green credentials. ‘This’, she says, ‘will attract green consumers to come and live in our town and green companies to set up here. These companies and consumers will bring great benefit to our community.’ To emphasise this, she has set up a Go Green team to encourage green initiatives in the town.
The ‘traffic lite’ project to tackle congestion proposed by the former mayor is still in the development stage. The new mayor believes that this project can be modified to deliver her vision and still be ready on the date promised by her predecessor.
Required:
(a) A ‘terms of reference’ (project initiation document, project charter) was developed for the ‘traffic lite’ project to reduce traffic congestion.
Discuss what changes will have to be made to this ‘terms of reference’ (project initiation document, project charter) to reflect the new mayor’s vision of the project. (5 marks)
(b) The new mayor wishes to re-define the business case for the project, using the benefits categorisation suggested by OfRoad. Identify costs and benefits for the revised project, classifying each benefit using the guidance provided by OfRoad. (14 marks)
(c) Stakeholder management is the prime responsibility of the project manager.
Discuss the appropriate management of each of the following three stakeholders identified in the revised (modified) project.
(i) The new mayor;
(ii) OfRoad;
(iii) A private motorist in Brighttown who uses his vehicle to commute to his job in the town. (6 marks)
(a) Objectives and scope
From the perspective of the ‘traffic lite’ project, the change in mayor has led to an immediate change in the objectives driving the project. This illustrates how public sector projects are susceptible to sudden external environmental changes outside their control. The project initially proposed to reduce traffic congestion by making traffic lights sensitive to traffic flow. It was suggested that this would improve journey times for all vehicles using the roads of Brighttown. However, the incoming mayor now wishes to reduce traffic congestion by attracting car users onto public transport. Consequently she wants to develop a traffic light system which will give priority to buses. This should ensure that buses run on time. The project is no longer concerned with reducing journey times for all users. Indeed, congestion for private cars may get worse and this could further encourage car users to switch to public transport.
An important first step would be to confirm that the new mayor wishes to be the project sponsor for the project, because the project has lost its sponsor, the former mayor. The project scope also needs to be reviewed. The initial project was essentially a self-contained technical project aimed at producing a system which reduced queuing traffic. The revised proposal has much wider political scope and is concerned with discouraging car use and improving public bus services. Thus there are also proposals to increase car parking charges, to reduce the number of car park spaces (by selling off certain car parks for housing development) and to increase the frequency, quality and punctuality of buses. The project scope appears to have been widened considerably, although this will have to be confirmed with the new project sponsor.
Only once the scope of the revised project been agreed can revised project objectives be agreed and a new project plan developed, allocating the resources available to the project to the tasks required to complete the project. It is at this stage that the project manager will be able to work out if the proposed delivery date (a project constraint) is still manageable. If it is not, then some kind of agreement will have to be forged with the project sponsor. This may be to reduce the scope of the project, add more resources, or some combination of the two.
(b) Cost benefit
The re-defined project will have much more tangible effects than its predecessor and these could be classified using the standard approach suggested in the scenario. Benefits would include:
– One-off financial benefit from selling certain car parks
– this appears to be a predictable financial benefit of $325,000 which can be confidently included in a cost/benefit analysis.
– Increased income from public bus use – this appears to be a measurable benefit, in that it is an aspect of performance which can be measured (for example, bus fares collected per day), but it is not possible to estimate how much income will actually increase until the project is completed. – Increased income from car parks
– this appears to be a quantifiable benefit if the assumption is made that usage of the car parks will stay at 95%. There may indeed be sufficient confidence to define it as a financial benefit. Car park places will be reduced from 1,000 to 800, but the increase in fees will compensate for this reduction in capacity. Current expected daily income is 1,000 x $3 x 0·95 = $2,850. Future expected income will be 800 x $4 x 0·95 = $3,040.
– Improved punctuality of buses – this will again be a measurable benefit. It will be defined in terms of a Service Level promised to the residents of Brighttown. Improved punctuality might also help tempt a number of vehicle users to use public transport instead.
– Reduced emissions – buses are more energy efficient and emit less carbon dioxide than the conventional vehicles used by most of the inhabitants of Brighttown. This benefit should again be measurable (but non-financial) and should benefit the whole of the town, not just areas around traffic lights.
– Improved perception of the town – the incoming mayor believes that her policy will help attract green consumers and green companies to the town. Difficulties in classifying what is meant by these terms makes this likely to be an observable benefit, where a group, such as the Go Green team, established by the council itself can decide (based on their judgement) whether the benefit has been realised or not.
The costs of implementing the project will also have to be re-assessed. These costs will now include:
– The cost of purchasing more buses to meet the increased demand and frequency of service.
– The operational costs of running more buses, including salary costs of more bus drivers.
– Costs associated with the disposal of car parks.
– Costs associated with slowing down drivers (both economic and emotional).
The technical implementation requirements of the project will also change and this is almost certain to have cost implications because a solution will have to be developed which allows buses to be prioritised. A feasibility study will have to be commissioned to examine whether such a solution is technically feasible and, if it is, the costs of the solution will have to be estimated and entered into the cost-benefit analysis.
(c) A stakeholder grid (Mendelow) provides a framework for understanding how project team members should communicate with each stakeholder or stakeholder group. The grid itself has two axes. One axis is concerned with the power or influence of the stakeholder in this particular project. The other axis is concerned with the stakeholder’s interest in the project.
The incoming mayor: High power and high interest. The mayor is a key player in the project and should be carefully and actively managed throughout. The mayor is currently enthusiastic about the project and this enthusiasm has to be sustained. As the likely project sponsor, it will be the mayor’s responsibility to promote the project internally and to make resources available to it. It will also be up to her to ensure that the promised business benefits are actually delivered. However, she is also the person who can cancel the project at any time.
OfRoad – a government agency: OfRoad were critical of the previous mayor’s justification for the project. They felt that the business case was solely based on intangible benefits and lacked credibility. It is likely that they will be more supportive of the revised proposals for two reasons. Firstly, the proposal uses the classification of benefits which it has suggested. Secondly, the proposal includes tangible benefits which can confidently be included in a cost-benefit analysis. OfRoad is likely to have high power (because it can intervene in local transport decisions) but relatively low interest in this particular project as the town appears to be following its guidelines. An appropriate management strategy would be to keep watch and monitor the situation, making sure that nothing happens on the project which would cause the agency to take a sudden interest in it.
The private motorist of Brighttown: Most of these motorists will have a high interest in the project, because it impacts them directly; but, individually, they have very little power. Their chance to influence policy has just passed, and mayoral elections are not due for another five years. The suggested stakeholder management approach here is to keep them informed. However, their response will have to be monitored. If they organise themselves and band together as a group, they might be able to stage disruptive actions which might raise their power and have an impact on the project. This makes the point that stakeholder management is a continual process, as stakeholders may take up different positions in the grid as they organise themselves or as the project progresses.
4 Whilst acknowledging the importance of high quality corporate reporting, the recommendations to improve it are
sometimes questioned on the basis that the marketplace for capital can determine the nature and quality of corporate
reporting. It could be argued that additional accounting and disclosure standards would only distort a market
mechanism that already works well and would add costs to the reporting mechanism, with no apparent benefit. It
could be said that accounting standards create costly, inefficient, and unnecessary regulation. It could be argued that
increased disclosure reduces risks and offers a degree of protection to users. However, increased disclosure has several
costs to the preparer of financial statements.
Required:
(a) Explain why accounting standards are needed to help the market mechanism work effectively for the benefit
of preparers and users of corporate reports. (9 marks)
(a) It could be argued that the marketplace already offers powerful incentives for high-quality reporting as it rewards such by
easing or restricting access to capital or raising or lowering the cost of borrowing capital depending on the quality of the entity’s
reports. However, accounting standards play an important role in helping the market mechanism work effectively. Accounting
standards are needed because they:
– Promote a common understanding of the nature of corporate performance and this facilitates any negotiations between
users and companies about the content of financial statements. For example, many loan agreements specify that a
company provide the lender with financial statements prepared in accordance with generally accepted accounting
principles or International Financial Reporting Standards. Both the company and the lender understand the terms and
are comfortable that statements prepared according to those standards will meet certain information needs. Without
standards, the statements would be less useful to the lender, and the company and the lender would have to agree to
create some form. of acceptable standards which would be inefficient and less effective.
– Assist neutral and unbiased reporting. Companies may wish to portray their past performance and future prospects in
the most favourable light. Users are aware of this potential bias and are sceptical about the information they receive.
Standards build credibility and confidence in the capital marketplace to the benefit of both users and companies.
– Improve the comparability of information across companies and national boundaries. Without standards, there would be
little basis to compare one company with others across national boundaries which is a key feature of relevant
information.
– Create credibility in financial statements. Auditors verify that information is reported in accordance with standards and
this creates public confidence in financial statements
– Facilitate consistency of information by producing data in accordance with an agreed conceptual framework. A consistent
approach to the development and presentation of information assists users in accessing information in an efficient
manner and facilitates decision-making.
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。
- 2019-07-20
- 2019-07-20
- 2020-01-09
- 2019-07-20
- 2020-03-01
- 2020-03-01
- 2020-03-01
- 2020-03-08
- 2020-03-01
- 2020-01-09
- 2020-03-01
- 2019-07-20
- 2020-01-09
- 2020-01-09
- 2020-01-09
- 2020-01-09
- 2021-01-16
- 2020-03-01
- 2020-03-12
- 2019-12-06
- 2019-07-20
- 2020-01-09
- 2019-07-20
- 2020-01-09
- 2020-03-01
- 2019-12-06
- 2020-05-21
- 2019-07-20
- 2020-03-11
- 2020-03-01