更多“(b) ‘opinion shopping’; (5 marks)”相关问题
  • 第1题:

    (b) Describe the content of a reference. (5 marks)


    正确答案:
    Part (b)
    A simple standard form. to be completed by the referee is acceptable to provide all the required details. A standard form. should
    ask about the existing job title, the main duties and responsibilities of the current job, period of employment, present pay or salary
    and the attendance record.

  • 第2题:

    (ii) the panel interview with more than one interviewer. (5 marks)


    正确答案:
    (ii) Panel interviews are often used for senior appointments and consist of two or more interviewers.

    The advantages of such interviews are that they allow opinion and views to be shared amongst the panel. They provide a more complete and coherent approach, hence problems of bias inherent in face to face interviews can be reduced.

    They may also be appropriate where an individual with specialist or technical skills has to support the interviewer in relation to assessing the technical competencies of the interviewee.The disadvantages are that panel interviews can be difficult to control, interviewers may deviate or ask irrelevant questions and they can be easily dominated by a strong personality who is able unduly to influence others. In addition,
    such interviews can often result in disagreement amongst the panel members.

  • 第3题:

    (ii) job enlargement; (5 marks)


    正确答案:
    (ii) Job enlargement is often referred to as ‘horizontal job enlargement’ and is aimed at widening the content of jobs by increasing the number of operations in which the job holder is involved and is another method by which employees at Bailey’s might become more involved. It reduces the level of repetition and dullness by providing a horizontal extension to activity, reducing monotony and boredom inherent in the operations at Bailey’s.

  • 第4题:

    (b) Describe the advantages of external recruitment. (5 marks)


    正确答案:
    (b) External recruitment describes the situation where the organisation decides to fill a staff vacancy and recruit from outside the organisation.
    It may be essential if particular skills or expertise are not already available within the organisation and is necessary to restore depleted staffing levels or when for some reason the organisation urgently needs new employees. New staff members bring new ideas and novel approaches to the organisation and to the specific task, often providing experience and work methods from other employers.

  • 第5题:

    (c) Discuss the ethical responsibility of the company accountant in ensuring that manipulation of the statement

    of cash flows, such as that suggested by the directors, does not occur. (5 marks)

    Note: requirements (b) and (c) include 2 professional marks in total for the quality of the discussion.


    正确答案:
    (c) Companies can give the impression that they are generating more cash than they are, by manipulating cash flow. The way
    in which acquisitions, loans and, as in this case, the sale of assets, is shown in the statement of cash flows, can change the
    nature of operating cash flow and hence the impression given by the financial statements. The classification of cash flows
    can give useful information to users and operating cash flow is a key figure. The role of ethics in the training and professional
    lives of accountants is extremely important. Decision-makers expect the financial statements to be true and fair and fairly
    represent the underlying transactions.
    There is a fine line between deliberate misrepresentation and acceptable presentation of information. Pressures on
    management can result in the misrepresentation of information. Financial statements must comply with International
    Financial Reporting Standards (IFRS), the Framework and local legislation. Transparency, and full and accurate disclosure is
    important if the financial statements are not to be misleading. Accountants must possess a high degree of professional
    integrity and the profession’s reputation depends upon it. Ethics describe a set of moral principles taken as a reference point.
    These principles are outside the technical and practical application of accounting and require judgement in their application.
    Professional accountancy bodies set out ethical guidelines within which their members operate covering standards of
    behaviour, and acceptable practice. These regulations are supported by a number of codes, for example, on corporate
    governance which assist accountants in making ethical decisions. The accountant in Warrburt has a responsibility not to mask
    the true nature of the statement of cash flow. Showing the sale of assets as an operating cash flow would be misleading if
    the nature of the transaction was masked. Users of financial statements would not expect its inclusion in this heading and
    could be misled. The potential misrepresentation is unacceptable. The accountant should try and persuade the directors to
    follow acceptable accounting principles and comply with accounting standards. There are implications for the truth and
    fairness of the financial statements and the accountant should consider his position if the directors insist on the adjustments
    by pointing the inaccuracies out to the auditors.

  • 第6题:

    (iv) critiques the performance measurement system at TSC. (5 marks


    正确答案:
    (iv) The performance measurement system used by TSC appears simplistic. However, it may be considered to be measuring
    the right things since the specific measures used cover a range of dimensions designed to focus the organisation on
    factors thought to be central to corporate success, and not confined to traditional financial measures.
    Internal benchmarking is used at TSC in order to provide sets of absolute standards that all depots are expected to attain.
    This should help to ensure that there is a continual focus upon the adoption of ‘best practice’ at all depots. Benchmarks
    on delivery performance place an emphasis upon quality of service whereas benchmarks on profitability are focused
    solely upon profitability!
    Incentive schemes are used throughout the business, linking the achievement of company targets with financial rewards.
    It might well be the case that the profit incentive would act as a powerful motivator to each depot management team.
    However, what is required for the prosperity of TSC is a focus of management on the determinants of success as opposed
    to the results of success.
    (Alternative relevant discussion would be acceptable)

  • 第7题:

    (b) continuous auditing; (5 marks)


    正确答案:
    (b) Continuous auditing
    Continuous auditing is a methodology that enables independent auditors to give written assurance on a subject matter (e.g.
    inventory levels, receivables balances, financial statements) using a series of auditor’s reports issued simultaneously with (or
    a short period of time after) the occurrence of events underlying the subject matter. Thus it increases the frequency of
    reporting (e.g. may be issued daily, weekly).
    Technological development is making increasingly sophisticated information systems available to more entities at a decreasing
    cost. This has promoted a more widespread dependence on technology to produce more timely information. This has
    increased the demand for timely assurance on the information provided. Auditors have had to respond with highly automated
    procedures and audit tools that are integrated with the entity’s systems and controls.
    Tutorial note: XBRL (eXtensible Business Reporting Language) increases the viability of continuous auditing. It provides a
    widely agreed-upon set of descriptors for elements in a business report that can be read and interpreted by computer
    systems. It allows an auditor to review data at any stage and determine the origin of the information and the controls that
    have been incorporated.
    Results of automated audit procedures must be communicated promptly, particularly if anomalies or errors identified require
    that follow-up procedures be performed by audit personnel. Secure electronic communication links are therefore essential.
    As entities’ reporting has moved from annual and interim reports to the monthly/daily/weekly reporting of key performance
    indicators (‘KPIs’)/critical success factors (‘CSFs’), the professional accountant’s assignment has expanded from the audit of
    financial statements. For example, to review reports (e.g. on interim financial statements), special purpose reports (e.g. on
    the effectiveness of [outsourced] control procedures) to continuous auditing reports.
    For continuous audits, auditors’ reports need to be produced automatically and safeguarded against unauthorised changes.
    Reports may be ‘evergreen’ (i.e. always available to users and dated at the time of access to the information) or ‘on demand’
    (i.e. available when specifically requested and dated at the time of request).
    Auditors must be technically proficient to handle any engagement undertaken. For continuous audit assurance engagements
    that will require a high level of expertise in various aspects of information technology as well as a sound grasp of the subject
    matter being audited.
    Continuous audit work requires the frequent or continuous use of audit tools integrated with the client’s systems. For example
    embedded audit modules (EAMs) are subroutines that perform. control or audit procedures concurrently with the client’s
    normal application processing.

  • 第8题:

    (ii) Briefly explain the implications of Parr & Co’s audit opinion for your audit opinion on the consolidated

    financial statements of Cleeves Co for the year ended 30 September 2006. (3 marks)


    正确答案:
    (ii) Implications for audit opinion on consolidated financial statements of Cleeves
    ■ If the potential adjustments to non-current asset carrying amounts and loss are not material to the consolidated
    financial statements there will be no implication. However, as Howard is material to Cleeves and the modification
    appears to be ‘so material’ (giving rise to adverse opinion) this seems unlikely.
    Tutorial note: The question clearly states that Howard is material to Cleeves, thus there is no call for speculation
    on this.
    ■ As Howard is wholly-owned the management of Cleeves must be able to request that Howard’s financial statements
    are adjusted to reflect the impairment of the assets. The auditor’s report on Cleeves will then be unmodified
    (assuming that any impairment of the investment in Howard is properly accounted for in the separate financial
    statements of Cleeves).
    ■ If the impairment losses are not recognised in Howard’s financial statements they can nevertheless be adjusted on
    consolidation of Cleeves and its subsidiaries (by writing down assets to recoverable amounts). The audit opinion
    on Cleeves should then be unmodified in this respect.
    ■ If there is no adjustment of Howard’s asset values (either in Howard’s financial statements or on consolidation) it
    is most likely that the audit opinion on Cleeves’s consolidated financial statements would be ‘except for’. (It should
    not be adverse as it is doubtful whether even the opinion on Howard’s financial statements should be adverse.)
    Tutorial note: There is currently no requirement in ISA 600 to disclose that components have been audited by another
    auditor unless the principal auditor is permitted to base their opinion solely upon the report of another auditor.

  • 第9题:

    5. Which is the best title(标题)“the passage?

    A. Wang Lin-s life

    B. Online shopping in China

    C. Shopping on line is not safe


    正确答案:B
    5.B【解析】本文主要介绍了网上购物的优点.故“中国的网上购物”更适合本文的标题。

  • 第10题:

    问答题
    Flea market can be found on almost every campus. Although some sell new products in these markets, most students go there to sell used articles, such as textbooks, test preparation materials, dictionaries, and CDs. This has aroused different reactions. Some view it as a meaningful method to dispose of things no longer useful, but some others, especially teachers, view it as a symbol of wasting. What is your opinion about getting rid of used things in this way? Write a composition of about 400 words on the following topic:My Opinion on Campus Flea MarketIn the first part of your writing you should present your thesis statement, and in the second part you should support the thesis statement with appropriate details. In the last part you should bring what you have written to a natural conclusion or a summary.  Marks will be awarded for content, organization, grammar and appropriateness. Failure to follow the above instructions may result in a loss of marks.

    正确答案:
    My Opinion on Campus Flea Market As we university students progress from one grade to another, we may find that besides other things, we have accumulated a large pile of things that is no longer useful, for example, textbooks, test preparation materials, tapes and CDs. How to deal with the pile is really a big problem. Some throw them away, some prepare to keep them as souvenirs, and some sell them in flea market on campus. I find the last choice is the best one, because flea market actually can bring many benefits.
    Flea market has much to offer for sellers. Obviously it can help sellers get some money. By selling things that are no longer needed, they can cover some of the original cost. This can be of much importance to students who do not have their own income. Last semester I sold about 30 books in the flea market, and the money was enough to cover my food bill for almost a month. Besides, selling things in flea market can also help sellers cultivate a good habit of making the fullest use of their belongings. This will prevent them from throwing things away at will, thus becoming a thrifty person.
    If it just benefits sellers, flea market cannot be so prosperous. In fact, buyers also stand to gain a lot. Things sold in this place are usually much cheaper than the new ones in stores, but the function is almost the same. If they buy their textbooks and other reference books here, they can save about 200 yuan every semester. It is said that second-hand book stores are very popular in foreign countries, and many students from poor families finish their colleges by getting most of books there. Here in China there are also many students troubled by financial difficulty. If university authority can organize a regular market, many poor students will find it easier to finish their university.
    The third benefit, which is usually neglected, is the positive influence on environment. This may sound irrelevant, but in fact, when we are using used products, we can help save paper, save printing materials, and this can greatly reduce the negative impact on the already fragile environment. What's more, if we develop the habit of reusing products, we can make our contribution to the establishing of a recycling economy that the government is advocating. Experts estimate that if all textbooks in universities can be used once again, we can save about 100 million yuan in environmental protection. This fully demonstrates the social significance of the tiny market place.
    Therefore, if well managed, flea markets on campus can benefit sellers, buyers and the whole society as well. Of course, we should not sell everything used, for some of them may become valuable souvenirs all our life. It will be a pity if you graduate empty-handed. But as for those things that we can get rid of, we should carry them to the flea market rather than the dustbin.
    解析:
    这道题要求讨论对于校园里的跳蚤市场的态度,而这篇文章作者分别从对卖者、买者和对环境保护这三个角度阐述了这种市场的好处。作者在说明跳蚤市场的好处时,没有停留在省钱这个肤浅的层次上,而是深入探讨了它对卖者习惯的培养、对买者的大学教育以及对建设循环经济和保护环境的意义,这无疑加深了文章的深度。作者不是单一使用逻辑推理,除了推理性的解释外,作者还用到了自己的经历、专家证言和数据等。这有助于增强文章的说服力。

  • 第11题:

    问答题
    Task II (20 marks)  Directions:Many nations’ serious school problems nowadays result from the students’ attitude. What causes these problems? What’s your opinion to deal with these problems? State your opinion in no less than about 160 words, and write it on the Answer Sheet.

    正确答案:
    Nowadays in many nations there are serious school problems—absenteeism, disrespect for teachers, drug abuse, and tardiness. Serious school problems are positively associated with high-risk behaviors of teens: smoking, drinking alcohol, smoking marijuana, and so.
    There might be many causes for these various school problems in different cases, but one reason is in common—the student’s attitude. Every single person is responsible for his or her own actions, so do the students. And if one’s attitude is upright, there would be no reason for him or her to misbehave. On the contrary, if a student is experiencing serious school problems, parents and teachers better take a close look into his or her attitude. There must be something wrong with it.
    Thus, in order to prevent serious school problems, it is necessary to cultivate a positive attitude in the students. Positive attitude will bring out the best in them and will become the key to their success at school.
    (Word Count: 158)
    解析: 暂无解析

  • 第12题:

    问答题
    More and more students are renting flats to live away from campus, and some of them are student lovers. Some students think this is unacceptable, but others find it attractive. What is your opinion on student lovers living together? Write an article of about 400 words to express your opinion. You should supply a title for your article.  In the first part of your writing you should present your thesis statement, and in the second part you should support the thesis statement with appropriate details. In the last part you should bring what you have written to a natural conclusion or a summary.  Marks will be awarded for content, organization, grammar and appropriateness. Failure to follow the above instructions may result in a loss of marks.

    正确答案:
    On Student Lovers' Living Together According to official statistics, the number of college student lovers living together off campus in Beijing has increased by four times between 1997 and 2001. This is undeniably true of many other places in China. Although many students do not strongly object to it, I don't think it is advisable for college student lovers to live together away from campus.
    Some lovers say that living together can help them study better, for it can help them get rid of the interference of other students. This is actually not true. When living away from campus, the lovers will always think of each other rather than the teachers' assignment, and other unavoidable family chores such as looking and washing will also take much time away that might have been spent on study. Besides, many courses now require group work or cooperation. If they stay away from other classmates, how can they study these courses well?
    Some lovers say that living together can relieve their loneliness and pressure, but it is not really the best choice. On the one hand, the real reason for their loneliness is that they are not focusing their mind on study. Study, the most important task for university students, can prove to be fascinating if you really focus on it. On the other hand, even if their loneliness is real, there are many better ways to deal with it. For instance, they can find friends to take part in sports or other entertaining activities. By staying away from other classmates, living together can be a source of rather than solution to loneliness.
    Other lovers argue that they mean to get married after graduation, and this experience can help them test each other to see if they are suitable for married life. But this mentality does not hold water. The two lovers may really love each other, but living together can actually spoil a good relationship, because it enters into weakness rather than strength, doubt rather than conviction. A follow-up study shows that few couples living together really end in marriage.
    In a word, those student lovers cannot find enough reasons to justify their choice. What they can offer all represent self-deception or misconception. Although universities are not allowed to forbid students to live off campus, they can still find more effective ways to convince this lost group of the disadvantages, and improve teaching and after-class activities to attract them back to campus.
    解析:
    这道题要求回答的问题是Is it correct for student lovers to live together away from campus,属于观点态度题的范畴。例文作者在引言段中清楚地表达了自己的观点,并且从学习、心情和婚姻三个方面分析了校外同居的坏处。本文最突出的特点是采用了驳论形式,作者不是直接阐述校外同居的坏处,而是假设有人赞成这一做法并同其辩论。所以在正文段中,作者总是先引出反方观点,然后再说明自己观点并加以论证。由于采用这种方式,所有的主题句都出现在段落中间。本文其他成功之处还包括用文章的话题作标题,引言段采用数据开头以吸引读者注意以及用解决问题的建议作最终评论等。

  • 第13题:

    (b) Calculate the internal rate of return of the proposed investment and comment on your findings. (5 marks)


    正确答案:

  • 第14题:

    (b) How can Maslow’s theory be applied to the motivation of staff? (5 marks)


    正确答案:
    (b) This theory is based on the idea that the goals of the individual and the organisation can be integrated and that personal satisfaction can be achieved through the workplace. It also assumes that individuals will achieve self-actualisation through their role in assisting the organisation to achieve its objectives. It follows therefore that work is the principal source of satisfaction.
    The theory’s practical application is that managers should recognise that subordinates’ needs are always evolving and increasing, so continued attention to increasing the employees’ personal development, opportunities for advancement and recognition of achievement are essential to keep them motivated.

  • 第15题:

    (iii) job enrichment. (5 marks)


    正确答案:
    (iii) Job enrichment, which is often referred to as ‘vertical job enlargement’, is a planned, deliberate action to build greater responsibility, breadth and challenge into the work of the individual. The emphasis is on the individual rather than the organisation, team or group. This may be a way forward for some of Bailey’s employees since it provides the individual employee with the responsibility for decision making of a higher order, provides greater freedom to decide how the job or task should be undertaken, improves understanding of the entire process, encourages participation in the planning and production procedures and provides regular feedback to management – urgently needed at Bailey’s.

  • 第16题:

    5 All managers need to understand the importance of motivation in the workplace.

    Required:

    (a) Explain the ‘content theory’ of motivation. (5 marks)


    正确答案:
    5 The way in which managers treat their employees can significantly influence the satisfaction that the employees derive from their work and thus the overall success of the organisation. Understanding the importance of motivation is therefore an important management skill.
    (a) Content theories address the question ‘What are the things that motivate people?’
    Content theories are also called need theories (because they concentrate on the needs fulfilled by work) and are based on the notion that all human beings have a set of needs or required outcomes, and according to this theory, these needs can be satisfied through work. The theory focuses on what arouses, maintains and regulates good, directed behaviour and what specific individual forces motivate people. However, content theories assume that everyone responds to motivating factors in the same way and that consequently there is one, best way to motivate everybody.

  • 第17题:

    (ii) Construct the argument against Professor West’s opinion, and in favour of Professor Leroi’s opinion that

    a principles-based approach would be preferable in developing countries. Your answer should consider

    the particular situations of developing countries. (10 marks)


    正确答案:
    (ii) Principles-based approach
    Advantages of a principles-based approach
    The rigour with which governance systems are applied can be varied according to size, situation, stage of development
    of business, etc. Organisations (in legal terms) have a choice to the extent to which they wish to comply, although they
    will usually have to ‘comply or explain’. Explanations are more accepted by shareholders and stock markets for smaller
    companies.
    Obeying the spirit of the law is better than ‘box ticking’ (‘sort of business you are’ rather than ‘obeying rules’). Being
    aware of overall responsibilities is more important than going through a compliance exercise merely to demonstrate
    conformance.
    Avoids the ‘regulation overload’ of rules based (and associated increased business costs). The costs of compliance have
    been a cause of considerable concern in the United States.
    Self-regulation (e.g. by Financial Services Authority in the UK) rather than legal control has proven itself to underpin
    investor confidence in several jurisdictions and the mechanisms are self-tightening (quicker and cheaper than legislation)
    if initial public offering (IPO) volumes fall or capital flows elsewhere.
    Context of developing countries
    Developing countries’ economies tend to be dominated by small and medium sized organisations (SMEs). It would be
    very costly and probably futile, to attempt to burden small businesses with regulatory requirements comparable to larger
    concerns.
    Having the flexibility to ‘comply or explain’ allows for those seeking foreign equity to increase compliance whilst those
    with different priorities can delay full compliance. In low-liquidity stock markets (such as those in some developing
    countries) where share prices are not seen as strategically important for businesses, adopting a more flexible approach
    might be a better use of management talent rather than ‘jumping through hoops’ to comply with legally-binding
    constraints.
    The state needs to have an enforcement mechanism in place to deal with non-compliance and this itself represents a
    cost to taxpayers and the corporate sector. Developing countries may not have the full infrastructure in place to enable
    compliance (auditors, pool of NEDs, professional accountants, internal auditors, etc) and a principles-based approach
    goes some way to recognise this.

  • 第18题:

    (iii) Whether or not you agree with the statement of the marketing director in note (9) above. (5 marks)

    Professional marks for appropriateness of format, style. and structure of the report. (4 marks)


    正确答案:

    (iii) The marketing director is certainly correct in recognising that success is dependent on levels of service quality provided
    by HFG to its clients. However, whilst the number of complaints is an important performance measure, it needs to be
    used with caution. The nature of a complaint is, very often, far more indicative of the absence, or a lack, of service
    quality. For example, the fact that 50 clients complained about having to wait for a longer time than they expected to
    access gymnasium equipment is insignificant when compared to an accident arising from failure to maintain properly a
    piece of gymnasium equipment. Moreover, the marketing director ought to be aware that the absolute number of
    complaints may be misleading as much depends on the number of clients serviced during any given period. Thus, in
    comparing the number of complaints received by the three centres then a relative measure of complaints received per
    1,000 client days would be far more useful than the absolute number of complaints received.
    The marketing director should also be advised that the number of complaints can give a misleading picture of the quality
    of service provision since individuals have different levels of willingness to complain in similar situations.
    The marketing director seems to accept the current level of complaints but is unwilling to accept any increase above this
    level. This is not indicative of a quality-oriented organisation which would seek to reduce the number of complaints over
    time via a programme of ‘continuous improvement’.
    From the foregoing comments one can conclude that it would be myopic to focus on the number of client complaints
    as being the only performance measure necessary to measure the quality of service provision. Other performance
    measures which may indicate the level of service quality provided to clients by HFG are as follows:
    – Staff responsiveness assumes critical significance in service industries. Hence the time taken to resolve client
    queries by health centre staff is an important indicator of the level of service quality provided to clients.
    – Staff appearance may be viewed as reflecting the image of the centres.
    – The comfort of bedrooms and public rooms including facilities such as air-conditioning, tea/coffee-making and cold
    drinks facilities, and office facilities such as e-mail, facsimile and photocopying.
    – The availability of services such as the time taken to gain an appointment with a dietician or fitness consultant.
    – The cleanliness of all areas within the centres will enhance the reputation of HFG. Conversely, unclean areas will
    potentially deter clients from making repeat visits and/or recommendations to friends, colleagues etc.
    – The presence of safety measures and the frequency of inspections made regarding gymnasium equipment within
    the centres and compliance with legislation are of paramount importance in businesses like that of HFG.
    – The achievement of target reductions in weight that have been agreed between centre consultants and clients.
    (Other relevant measures would be acceptable.)

  • 第19题:

    In relation to the courts’ powers to interpret legislation, explain and differentiate between:

    (a) the literal approach, including the golden rule; and (5 marks)

    (b) the purposive approach, including the mischief rule. (5 marks)


    正确答案:

    Tutorial note:
    In order to apply any piece of legislation, judges have to determine its meaning. In other words they are required to interpret the
    statute before them in order to give it meaning. The diffi culty, however, is that the words in statutes do not speak for themselves and
    interpretation is an active process, and at least potentially a subjective one depending on the situation of the person who is doing
    the interpreting.
    Judges have considerable power in deciding the actual meaning of statutes, especially when they are able to deploy a number of
    competing, not to say contradictory, mechanisms for deciding the meaning of the statute before them. There are, essentially, two
    contrasting views as to how judges should go about determining the meaning of a statute – the restrictive, literal approach and the
    more permissive, purposive approach.
    (a) The literal approach
    The literal approach is dominant in the English legal system, although it is not without critics, and devices do exist for
    circumventing it when it is seen as too restrictive. This view of judicial interpretation holds that the judge should look primarily
    to the words of the legislation in order to construe its meaning and, except in the very limited circumstances considered below,
    should not look outside of, or behind, the legislation in an attempt to fi nd its meaning.
    Within the context of the literal approach there are two distinct rules:
    (i) The literal rule
    Under this rule, the judge is required to consider what the legislation actually says rather than considering what it might
    mean. In order to achieve this end, the judge should give words in legislation their literal meaning, that is, their plain,
    ordinary, everyday meaning, even if the effect of this is to produce what might be considered an otherwise unjust or
    undesirable outcome (Fisher v Bell (1961)) in which the court chose to follow the contract law literal interpretation of
    the meaning of offer in the Act in question and declined to consider the usual non-legal literal interpretation of the word
    (offer).

    (ii) The golden rule
    This rule is applied in circumstances where the application of the literal rule is likely to result in what appears to the court
    to be an obviously absurd result. It should be emphasised, however, that the court is not at liberty to ignore, or replace,
    legislative provisions simply on the basis that it considers them absurd; it must fi nd genuine diffi culties before it declines
    to use the literal rule in favour of the golden one. As examples, there may be two apparently contradictory meanings to a
    particular word used in the statute, or the provision may simply be ambiguous in its effect. In such situations, the golden
    rule operates to ensure that preference is given to the meaning that does not result in the provision being an absurdity.
    Thus in Adler v George (1964) the defendant was found guilty, under the Offi cial Secrets Act 1920, with obstruction
    ‘in the vicinity’ of a prohibited area, although she had actually carried out the obstruction ‘inside’ the area.
    (b) The purposive approach
    The purposive approach rejects the limitation of the judges’ search for meaning to a literal construction of the words of
    legislation itself. It suggests that the interpretative role of the judge should include, where necessary, the power to look beyond
    the words of statute in pursuit of the reason for its enactment, and that meaning should be construed in the light of that purpose
    and so as to give it effect. This purposive approach is typical of civil law systems. In these jurisdictions, legislation tends to set
    out general principles and leaves the fi ne details to be fi lled in later by the judges who are expected to make decisions in the
    furtherance of those general principles.
    European Community (EC) legislation tends to be drafted in the continental manner. Its detailed effect, therefore, can only be
    determined on the basis of a purposive approach to its interpretation. This requirement, however, runs counter to the literal
    approach that is the dominant approach in the English system. The need to interpret such legislation, however, has forced
    a change in that approach in relation to Community legislation and even with respect to domestic legislation designed to
    implement Community legislation. Thus, in Pickstone v Freemans plc (1988), the House of Lords held that it was permissible,
    and indeed necessary, for the court to read words into inadequate domestic legislation in order to give effect to Community
    law in relation to provisions relating to equal pay for work of equal value. (For a similar approach, see also the House of Lords’
    decision in Litster v Forth Dry Dock (1989) and the decision in Three Rivers DC v Bank of England (No 2) (1996).) However,
    it has to recognise that the purposive rule is not particularly modern and has its precursor in a long established rule of statutory
    interpretation, namely the mischief rule.

    The mischief rule
    This rule permits the court to go behind the actual wording of a statute in order to consider the problem that the statute is
    supposed to remedy.
    In its traditional expression it is limited by being restricted to using previous common law rules in order to decide the operation
    of contemporary legislation. Thus in Heydon’s case (1584) it was stated that in making use of the mischief rule the court
    should consider what the mischief in the law was which the common law did not adequately deal with and which statute law
    had intervened to remedy. Use of the mischief rule may be seen in Corkery v Carpenter (1950), in which a man was found
    guilty of being drunk in charge of a carriage although he was in fact only in charge of a bicycle.

  • 第20题:

    4 (a) ISA 701 Modifications to The Independent Auditor’s Report includes ‘suggested wording of modifying phrases

    for use when issuing modified reports’.

    Required:

    Explain and distinguish between each of the following terms:

    (i) ‘qualified opinion’;

    (ii) ‘disclaimer of opinion’;

    (iii) ‘emphasis of matter paragraph’. (6 marks)


    正确答案:
    4 PETRIE CO
    (a) Independent auditor’s report terms
    (i) Qualified opinion – A qualified opinion is expressed when the auditor concludes that an unqualified opinion cannot be
    expressed but that the effect of any disagreement with management, or limitation on scope is not so material and
    pervasive as to require an adverse opinion or a disclaimer of opinion.
    (ii) Disclaimer of opinion – A disclaimer of opinion is expressed when the possible effect of a limitation on scope is so
    material and pervasive that the auditor has not been able to obtain sufficient appropriate audit evidence and accordingly
    is unable to express an opinion on the financial statements.
    (iii) Emphasis of matter paragraph – An auditor’s report may be modified by adding an emphasis of matter paragraph to
    highlight a matter affecting the financial statements that is included in a note to the financial statements that more
    extensively discusses the matter. Such an emphasis of matter paragraph does not affect the auditor’s opinion. An
    emphasis of matter paragraph may also be used to report matters other than those affecting the financial statements
    (e.g. if there is a misstatement of fact in other information included in documents containing audited financial
    statements).
    (iii) is clearly distinguishable from (i) and (ii) because (i) and (ii) affect the opinion paragraph, whereas (iii) does not.
    (i) and (ii) are distinguishable by the degree of their impact on the financial statements. In (i) the effects of any disagreement
    or limitation on scope can be identified with an ‘except for …’ opinion. In (ii) the matter is pervasive, that is, affecting the
    financial statements as a whole.
    (ii) can only arise in respect of a limitation in scope (i.e. insufficient evidence) that has a pervasive effect. (i) is not pervasive
    and may also arise from disagreement (i.e. where there is sufficient evidence).

  • 第21题:

    Would you like()this afternoon?

    Ago shopping with me

    Bto go shopping with me

    Cto going shopping with me


    B

  • 第22题:

    单选题
    The author of the text puts the word “deepest” (line 13, paragraph 3) in quotation marks most probably in order to ______.
    A

    signal her reservations about the accuracy of psychohistorians’ claims for their work

    B

    draw attention to a contradiction in the psychohistorians’ method

    C

    emphasize the major difference between the traditional historians’ method and that of psychohistorians

    D

    disassociate her opinion of the psychohistorians’ claims from her opinion of their method


    正确答案: C
    解析:
    推断题。题干所在句子提到Psychohistorians, convinced of the absolute rightness of their own theories,由absolute“绝对”一词可以看出作者想要表达的否定之意,因此对deepest加引号是表示作者对这一看法持保留态度。

  • 第23题:

    问答题
    Write a composition of no fewer than 120 words,giving your opinion on the following topic:  Smoking should be banned in public places.  Please write your composition on the Answer Sheet. (20 marks)

    正确答案:
    Many people are against the opinion that smoking should be banned in public places for it takes away the smokers’ rights, however, in my mind, it protects more people’s rights and we should strongly support it.
    Smoking in public places has many bad effects. On the one hand, it harms the health of the people around, for as we know, smoking can cause more damage to the passive smokers than to the smokers. On the other hand, it pollutes the environment by giving off poisonous gas into the air, which may make other people feel uncomfortable.
    Banning smoking in public places is very important and necessary to protect our health and environment. The smokers do have their rights to smoke, but they should enjoy their rights on the basis of not harming that of the others.
    解析: 暂无解析