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。

(c) (i) Identify and describe FOUR quality control procedures that are applicable to the individual audit

engagement; and (8 marks)

正确答案:
(c) (i) ISQC 1 Quality Control for Firms That Perform. Audits and Reviews of Historical Financial Information and Other
Assurance and Related Services Engagements provides guidance on the overall quality control systems that should be
implemented by an audit firm. ISA 220 Quality Control for Audits of Historical Financial Information specifies the quality
control procedures that should be applied by the engagement team in individual audit assignments.
Procedures include the following:
Client acceptance procedures
There should be full documentation, and conclusion on, ethical and client acceptance issues in each audit assignment.
The engagement partner should consider whether members of the audit team have complied with ethical requirements,
for example, whether all members of the team are independent of the client. Additionally, the engagement partner should
conclude whether all acceptance procedures have been followed, for example, that the audit firm has considered the
integrity of the principal owners and key management of the client. Other procedures on client acceptance should
include:
– Obtaining professional clearance from previous auditors
– Consideration of any conflict of interest
– Money laundering (client identification) procedures.
Engagement team
Procedures should be followed to ensure that the engagement team collectively has the skills, competence and time to
perform. the audit engagement. The engagement partner should assess that the audit team, for example:
– Has the appropriate level of technical knowledge
– Has experience of audit engagements of a similar nature and complexity
– Has the ability to apply professional judgement
– Understands professional standards, and regulatory and legal requirements.
Direction
The engagement team should be directed by the engagement partner. Procedures such as an engagement planning
meeting should be undertaken to ensure that the team understands:
– Their responsibilities
– The objectives of the work they are to perform
– The nature of the client’s business
– Risk related issues
– How to deal with any problems that may arise; and
– The detailed approach to the performance of the audit.
The planning meeting should be led by the partner and should include all people involved with the audit. There should
be a discussion of the key issues identified at the planning stage.
Supervision
Supervision should be continuous during the engagement. Any problems that arise during the audit should be rectified
as soon as possible. Attention should be focused on ensuring that members of the audit team are carrying out their work
in accordance with the planned approach to the engagement. Significant matters should be brought to the attention of
senior members of the audit team. Documentation should be made of key decisions made during the audit engagement.
Review
The review process is one of the key quality control procedures. All work performed must be reviewed by a more senior
member of the audit team. Reviewers should consider for example whether:
– Work has been performed in accordance with professional standards
– The objectives of the procedures performed have been achieved
– Work supports conclusions drawn and is appropriately documented.
The review process itself must be evidenced.
Consultation
Finally the engagement partner should arrange consultation on difficult or contentious matters. This is a procedure
whereby the matter is discussed with a professional outside the engagement team, and sometimes outside the audit
firm. Consultations must be documented to show:
– The issue on which the consultation was sought; and
– The results of the consultation.

4 The Better Agriculture Group (BAG), which has a divisional structure, produces a range of products for the farming

industry. Divisions B and C are two of its divisions. Division B sells a fertiliser product (BF) to customers external to

BAG. Division C produces a chemical (CC) which it could transfer to Division B for use in the manufacture of its

product BF. However, Division C could also sell some of its output of chemical CC to external customers of BAG.

An independent external supplier to The Better Agriculture Group has offered to supply Division B with a chemical

which is equivalent to component CC. The independent supplier has a maximum spare capacity of 60,000 kilograms

of the chemical which it is willing to make available (in total or in part) to Division B at a special price of $55 per

kilogram.

Forecast information for the forthcoming period is as follows:

Division B:

Production and sales of 360,000 litres of BF at a selling price of $120 per litre.

Variable conversion costs of BF will amount to $15 per litre.

Fixed costs are estimated at $18,000,000.

Chemical (CC) is used at the rate of 1 kilogram of CC per 4 litres of product BF.

Division C:

Total production capacity of 100,000 kilograms of chemical CC.

Variable costs will be $50 per kilogram of CC.

Fixed costs are estimated at $2,000,000.

Market research suggests that external customers of BAG are willing to take up sales of 40,000 kilograms of CC at a

price of $105 per kilogram. The remaining 60,000 kilograms of CC could be transferred to Division B for use in

product BF. Currently no other market external to BAG is available for the 60,000 kilograms of CC.

Required:

(a) (i) State the price/prices per kilogram at which Division C should offer to transfer chemical CC to Division

B in order that the maximisation of BAG profit would occur if Division B management implement rational

sourcing decisions based on purely financial grounds.

Note: you should explain the basis on which Division B would make its decision using the information

available, incorporating details of all relevant calculations. (6 marks)

正确答案:
(a) (i) In order to facilitate BAG profit maximising decisions the following strategy should apply:
Division C should offer to transfer chemical CC to Division B at marginal cost plus opportunity cost. This would apply
as follows:
– 40,000 kilograms of CC at $105 per kilogram since this is the price that could be achieved from sales to external
customers of BAG.
– 60,000 kilograms of CC at marginal cost of $50 per kilogram since no alternative opportunity exists.
Division B has a sales forecast of 360,000 litres of product BF. This will require 360,000/4 = 90,000 kilograms of
chemical CC input.
Based on the pricing by Division C indicated above, Division B would choose to purchase 60,000 kilograms of CC from
Division C at $50 per kilogram, since this is less than the $55 per kilogram quoted by the independent supplier.
Division B would purchase its remaining requirement for 30,000 kilograms of CC from the independent supplier at $55
per kilogram since this is less than the $105 per kilogram at which Division C would offer to transfer its remaining output
– given that it can sell the residual output to external customers of BAG.

3 An organisation has decided to compare the benefits of promoting existing staff with those of appointing external

candidates and to assess whether the use of external recruitment consultants is appropriate.

Required:

(a) Describe the advantages of internal promotion. (5 marks)

正确答案:
3 All organisations rely upon their staff for success. However, recruitment of staff can be time consuming; a drain on resources and the necessary expertise may not exist within the organisation.
(a) Internal promotion describes the situation where an organisation has an explicit policy to promote from within and where there is a clear and transparent career structure. This is typical of many professional bodies, large organisations and public services.
The advantages of internal promotion are that it acts as a source of motivation, provides good general morale amongst employees and illustrates the organisation’s commitment to encouraging advancement. Recruitment is expensive and internal promotion is relatively inexpensive in terms of time, money and induction costs and since staff seeking promotion are known to the employer, training costs are minimised. Finally, the culture of the organisation is better understood by the individual.

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