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。

5 The directors of Quapaw, a limited liability company, are reviewing the company’s draft financial statements for the

year ended 31 December 2004.

The following material matters are under discussion:

(a) During the year the company has begun selling a product with a one-year warranty under which manufacturing

defects are remedied without charge. Some claims have already arisen under the warranty. (2 marks)

Required:

Advise the directors on the correct treatment of these matters, stating the relevant accounting standard which

justifies your answer in each case.

NOTE: The mark allocation is shown against each of the three matters

正确答案:
(a) The correct treatment is to provide for the best estimate of the costs likely to be incurred under the warranty, as required by
IAS37 Provisions, contingent liabilities and contingent assets.

(b) When a director retires, amounts become payable to the director as a form. of retirement benefit as an annuity.

These amounts are not based on salaries paid to the director under an employment contract. Sirus has

contractual or constructive obligations to make payments to former directors as at 30 April 2008 as follows:

(i) certain former directors are paid a fixed annual amount for a fixed term beginning on the first anniversary of

the director’s retirement. If the director dies, an amount representing the present value of the future payment

is paid to the director’s estate.

(ii) in the case of other former directors, they are paid a fixed annual amount which ceases on death.

The rights to the annuities are determined by the length of service of the former directors and are set out in the

former directors’ service contracts. (6 marks)

Required:

Draft a report to the directors of Sirus which discusses the principles and nature of the accounting treatment of

the above elements under International Financial Reporting Standards in the financial statements for the year

ended 30 April 2008.

正确答案:
(b) Directors’ retirement benefits
The directors’ retirement benefits are unfunded plans which may fall under IAS19 ‘Employee Benefits’.
Sirus should review its contractual or constructive obligation to make retirement benefit payments to its former directors at the
time when they leave the firm. The payments may create a financial liability under IAS32, or may give rise to a liability of
uncertain timing and amount which may fall within the scope of IAS37 ‘Provisions, contingent liabilities and contingent
assets’. Certain former directors are paid a fixed annuity for a fixed term which is payable annually, and on death, the present
value of future payments are paid to the director’s estate. An annuity meets the definition of a financial liability under IAS32,
if there is a contractual obligation to deliver cash or a financial asset. The latter form. of annuity falls within the scope of
IAS32/39. The present value of the annuity payments should be determined. The liability is recognised because the directors
have a contractual right to the annuity and the firm has no discretion in terms of withholding the payment. As the rights to
the annuities are earned over the period of the service of the directors, then the costs should have been recognised also over
the service period.
Where an annuity has a life contingent element and, therefore, embodies a mortality risk, it falls outside the scope of IAS39
because the annuity will meet the definition of an insurance contract which is scoped out of IAS39, along with employers’
rights and obligations under IAS19. Such annuities will, therefore, fall within the scope of IAS37 if a constructive obligation
exists. Sirus should assess the probability of the future cash outflow of the present obligation. Because there are a number of
similar obligations, IAS37 requires that the class of obligations as a whole should be considered (similar to a warranty
provision). A provision should be made for the best estimate of the costs of the annuity and this would include any liability
for post retirement payments to directors earned to date. The liability should be built up over the service period rather than
just when the director leaves. In practice the liability will be calculated on an actuarial basis consistent with the principles in
IAS19. The liability should be recalculated on an annual basis, as for any provision, to take account of changes in directors
and other factors. The liability will be discounted where the effect is material.

(b) Compare and contrast Gray, Owen and Adams’s ‘pristine capitalist’ position with the ‘social contractarian’

position. Explain how these positions would affect responses to stakeholder concerns in the new stadium

project. (8 marks)

正确答案:

(c) Discuss the quality control issues raised by the audit senior’s comments. (3 marks)

正确答案:
(c) Quality control issues raised from the senior’s comments
There are several issues raised, all of which indicate that quality control procedures have not functioned adequately. The
planned audit procedures appear to be inadequate, further tests should have been performed to confirm the completeness,
existence and valuation of the balance.
In last year’s audit, the management representation was accepted as sufficient evidence in relation to the receivable. Possibly
the item was not identified as a related party transaction, or it was not considered to be material enough to warrant further
investigation.
At the planning stage, it is standard procedure to identify key related parties of an entity, and to plan procedures specific to
them. Inadequate planning may lead to a lack of prioritisation of this as an area of relatively high audit risk.
Work on receivables is often carried out by a relatively inexperienced member of the audit team. Audit juniors may not
appreciate the potential breach of IAS 24, or the complexities regarding materiality assessment for this type of transaction.
Insufficient review by the audit manager has been performed on completed working papers, which then failed to spot the
weakness of the management representation as a source of evidence. This year the audit senior has highlighted the matter,
which can now be resolved through additional audit procedures.

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。