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What is jurisdiction by designation?A.The jurisdiction agreed by the parties in their cont

What is jurisdiction by designation?

A.The jurisdiction agreed by the parties in their contract to hear their disputes

B.The jurisdiction authorised by the people’s court at a higher level to try cases of first instance

C.The jurisdiction decided by people’s courts at the same level, if all these courts have jurisdiction over a particular case

D.The jurisdiction decided in accordance with the location of the subject matter

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更多“What is jurisdiction by designation?A.The jurisdiction agreed by the parties in their cont”相关的问题

第1题

Section B – TWO questions ONLY to be attempted After a recent financial crisis in the coun

Section B – TWO questions ONLY to be attempted

After a recent financial crisis in the country of Oland, there had been a number of high profile company failures and a general loss of confidence in business. As a result, an updated corporate governance code was proposed, with changes to address these concerns.

Before the new code was published, there was a debate in Oland society about whether corporate governance provisions should be made rules-based, or remain principles-based as had been the case in the past. One elected legislator, Martin Mung, whose constituency contained a number of the companies that had failed with resulting rises in unemployment, argued strongly that many of the corporate governance failures would not have happened if directors were legally accountable for compliance with corporate governance provisions. He said that ‘you can’t trust the markets to punish bad practice’, saying that this was what had caused the problems in the first place. He said that Oland should become a rules-based jurisdiction because the current ‘comply or explain’ was ineffective as a means of controlling corporate governance.

Mr Mung was angered by the company failures in his constituency and believed that a lack of sound corporate governance contributed to the failure of important companies and the jobs they supported. He said that he wanted the new code to make it more difficult for companies to fail.

The new code was then issued, under a principles-based approach. One added provision in the new Oland code was to recommend a reduction in the re-election period of all directors from three years to one year. The code also required that when seeking re-election, there should be ‘sufficient biographical details on each director to enable shareholders to take an informed decision’. The code explained that these measures were ‘in the interests of greater accountability’.

Required:

(a) Examine how sound corporate governance can make it more difficult for companies to fail, clearly explaining what ‘corporate governance’ means in your answer. (10 marks)

(b) Martin Mung believes that Oland should become a rules-based jurisdiction because the current ‘comply or explain’ approach is ineffective as a means of controlling corporate governance.

Required:

Explain the difference between rules-based and principles-based approaches to corporate governance regulation, and argue against Martin Mung’s belief that ‘comply or explain’ is ineffective. (8 marks)

(c) Explain what ‘accountability’ means, and discuss how the proposed new provisions for shorter re-election periods and biographical details might result in ‘greater accountability’ as the code suggests. (7 marks)

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第2题

Which of the following courts may set up several tribunals in the area under its jurisdict
ion, according to the conditions of population and number of cases?

A.Basic people’s court

B.Intermediate people’s court

C.Higher people’s court

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第3题

Disputes about which of the following shall be heard by a people’s court that has the excl
usive jurisdiction?

A.Sales contracts

B.Securities transactions

C.Real estate transactions

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第4题

(a) Contrast the role of internal and external auditors. (8 marks)(b) Conoy Co designs and

(a) Contrast the role of internal and external auditors. (8 marks)

(b) Conoy Co designs and manufactures luxury motor vehicles. The company employs 2,500 staff and consistently makes a net profit of between 10% and 15% of sales. Conoy Co is not listed; its shares are held by 15 individuals, most of them from the same family. The maximum shareholding is 15% of the share capital.

The executive directors are drawn mainly from the shareholders. There are no non-executive directors because the company legislation in Conoy Co’s jurisdiction does not require any. The executive directors are very successful in running Conoy Co, partly from their training in production and management techniques, and partly from their ‘hands-on’ approach providing motivation to employees.

The board are considering a significant expansion of the company. However, the company’s bankers are

concerned with the standard of financial reporting as the financial director (FD) has recently left Conoy Co. The board are delaying provision of additional financial information until a new FD is appointed.

Conoy Co does have an internal audit department, although the chief internal auditor frequently comments that the board of Conoy Co do not understand his reports or provide sufficient support for his department or the internal control systems within Conoy Co. The board of Conoy Co concur with this view. Anders & Co, the external auditors have also expressed concern in this area and the fact that the internal audit department focuses work on control systems, not financial reporting. Anders & Co are appointed by and report to the board of Conoy Co.

The board of Conoy Co are considering a proposal from the chief internal auditor to establish an audit committee.

The committee would consist of one executive director, the chief internal auditor as well as three new appointees.

One appointee would have a non-executive seat on the board of directors.

Required:

Discuss the benefits to Conoy Co of forming an audit committee. (12 marks)

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第5题

The United States court system, as part of the federal system of government, is charac
terized by dual hierarchies: there are both state and federal courts.Each state has its own system of courts, composed of civil and criminal trial courts, sometimes intermediate courts of appeal, and a state supreme court.The federal court system consists of a series of trial courts(called district courts)serving relatively small geographic regions(There is at least one for every state), a tier of circuit courts of appeal that hear appeals from many district counts in a particular geographic region, and the Supreme Court of the United States.The two court systems are to some extent overlapping, in that certain kinds of disputes (such as a claim that a state law is in violation of the Constitution)may be initiated in either system.They are also to some extent hierarchical, for the federal system stands above the state system in that litigants (persons engaged in lawsuits )who lose their cases in the state supreme courts may appeal their cases to the Supreme Court of the United States.

Thus, the typical court case begins in a trail count—a court of general jurisdiction—in the state or federal system.Most cases go to further than the trial court; for example, the criminal defendant is convicted (by a trial or a guilty plea)and sentenced by the court and the case ends; the personal injury suit results in a judgment by a trail court (or an out-of-court settlement by the parties while the court suit is pending)and the parties leave the court system.But sometimes the losing party at the trial court cares enough about the cause that the matter does not end there.In these cases, the "loser" at the trial court may appeal to the next higher court.

1.It can be inferred from the passage that typical court cases are().

A.always appealed

B.usually resolved in the district courts

C.always overlapping

D.usually settled by the supreme court

2.The passage indicates that litigants who lost their cases in the state trial court may take them to a().

A.different trial court in the same state

B.court in a different geographic region

C.federal trial court

D.state supreme court

3.What does the passage mainly discuss?()

A.Civil and criminal trial courts

B.Trial court cases

C.The court system in the United States

D.The appeal court process

4.In the last sentence of the first paragraph, the phrase "engaged in" could best be replaced().

A.committed to

B.involved in

C.attentive to

D.engrossed in

5.According to the passage district courts are known as().

A.circuit courts

B.supreme courts

C.intermediate courts

D.trial courts

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第6题

(a) An assessment of accounting practices for asset impairments is especially important in

(a) An assessment of accounting practices for asset impairments is especially important in the context of financial reporting quality in that it requires the exercise of considerable management judgement and reporting discretion. The importance of this issue is heightened during periods of ongoing economic uncertainty as a result of the need for companies to reflect the loss of economic value in a timely fashion through the mechanism of asset write-downs. There are many factors which can affect the quality of impairment accounting and disclosures. These factors include changes in circumstance in the reporting period,the market capitalisation of the entity, the allocation of goodwill to cash generating units, valuation issues and the nature of the disclosures.

Required:

Discuss the importance and significance of the above factors when conducting an impairment test under IAS 36 Impairment of Assets. (13 marks)

(b) (i) Estoil is an international company providing parts for the automotive industry. It operates in many different jurisdictions with different currencies. During 2014, Estoil experienced financial difficulties marked by a decline in revenue, a reorganisation and restructuring of the business and it reported a loss for the year. An impairment test of goodwill was performed but no impairment was recognised. Estoil applied one discount rate for all cash flows for all cash generating units (CGUs), irrespective of the currency in which the cash flows would be generated. The discount rate used was the weighted average cost of capital (WACC) and Estoil used the 10-year government bond rate for its jurisdiction as the risk free rate in this calculation. Additionally, Estoil built its model using a forecast denominated in the functional currency of the parent company. Estoil felt that any other approach would require a level of detail which was unrealistic and impracticable. Estoil argued that the different CGUs represented different risk profiles in the short term, but over a longer business cycle, there was no basis for claiming that their risk profiles were different.

(ii) Fariole specialises in the communications sector with three main CGUs. Goodwill was a significant component of total assets. Fariole performed an impairment test of the CGUs. The cash flow projections were based on the most recent financial budgets approved by management. The realised cash flows for the CGUs were negative in 2014 and far below budgeted cash flows for that period. The directors had significantly raised cash flow forecasts for 2015 with little justification. The projected cash flows were calculated by adding back depreciation charges to the budgeted result for the period with expected changes in working capital and capital expenditure not taken into account.

Required:

Discuss the acceptability of the above accounting practices under IAS 36 Impairment of Assets. (10 marks)

Professional marks will be awarded in question 4 for clarity and quality of presentation. (2 marks)

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第7题

①are ②What ③they ④()

A.①②③④

B.②①③④

C.③①②④

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第8题

—____—It’s yellow()

A.What color is it

B.What’s color is it

C.What this

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