高顿名师诠释2013年ACCA考试F4民法与刑法知识点

  高顿财经作为ACCA黄金级培训机构,始终坚持为ACCA学员提供丰富多彩的学习模式,包括普通的周末面授班级、短期突破提升的寒暑假集训班、个性化定制的一对一辅导课程和灵活便捷的远程教学课程,以及连续脱产学习的全日制培训课程

 

  同时,我们还为部分学员提供了更为细致和个性化的学习服务,丰富的课程购买组合,以及企业团购的优惠方案,同时满足在校、在职、个人、团体的不同培训需求。学员在我们这里,几乎可以在全年365天任何时间段选择以自己最为适合的方式进行ACCA的学习,大大提高了学习的便捷性。ACCA课程官网访问>>> .

 

  ACCA2013年6月份考试时间已公布>>>6月3日-12日

 

  高顿财经预测2013年12月份考试时间:12月2日-11日   12月考试时间官方消息我们将第一时间公布!敬请关注!点击收藏高顿财经

 

  以下为高顿财经讲师讲解ACCA F4民法与刑法知识点,高顿财经祝大家生活愉快,考试顺利!

 

 

Civil law vs Criminal law 

        - Relevant to paper F4

        Civil law deals with disputes between private parties, or negligent acts that cause harm to others . For example, if individuals or companies disagree over the terms of an agreement, or who owns land or buildings, or whether a person was wrongfully dismissed from their employment, they may file a lawsuit asking the courts to decide who is right. As well, the failure to exercise the degree of caution that an ordinarily prudent person would take in any situation may result in a negligence claim. Depending on the circumstances, a person may be held responsible for any damages or injury that occurs as a result of their negligence. Family law cases involving divorce, parental responsibility for children, spousal support, child support and division of property between spouses or common law couples represent a large portion of the civil law cases presented to the courts. Challenges to decisions of administrative tribunals, allegations of medical malpractice and applications for distribution of the estates of deceased persons are other examples of civil cases. The party who brings the legal action is known as the plaintiff or applicant, while the party being sued is the defendant or respondent. The courts may dismiss a case, or if it is found to have merit, the courts may order the losing party to take corrective action, although the usual outcome is an order to pay damages - a monetary award designed to make up for the harm inflicted. The state plays no role in civil cases, unless the government launches a lawsuit or is the party being sued. Parties retain a lawyer - or may choose to represent themselves - to gather evidence and present the case in court.

 

        Differing standards of proof: More evidence is needed to find the accused at fault in criminal cases than to find the defendant at fault in civil ones. To convict someone of a crime, the prosecution must show there is proof beyond a reasonable doubt that the person committed the crime and, in most cases, that they intended to commit it. Judges and juries cannot convict someone they believe probably committed the crime or likely is guilty - they must be almost certain. This gives the accused the benefit of any reasonable doubt and makes it less likely an innocent person will be wrongfully convicted and imprisoned. Civil cases, in contrast, must be proven on a balance of probabilities - if it is more likely than not that the defendant caused harm or loss, a court can uphold a civil claim.

 

        Differing punishment

 

        One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.

 

        In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration,misdemeanors have a maximum possible sentence of less than one year incarceration.

 

        In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.

 

        So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.

 

        One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.

 

        While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.

 

        Effect of punishment

 

        The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, criminals are either impulsive (i.e., not rational) or believe that they will not be caught by the police. Therefore, the threat of punishment does not deter criminal conduct, as one is reminded every day by reading reports of journalists.

 

        Legal theory considers the possibility of loss of freedom (i.e., incarceration) as much more serious than merely paying damages to an injured plaintiff. As a result of this high value placed on personal freedom, legal dogma is that criminal litigation is more serious than civil litigation, therefore criminal defendants have more rights and protections than civil defendants, as explained later in this essay. The economic reality is that most people would prefer to spend, for example, one year in prison, than pay a million dollars from their personal assets.

 

        Prepared by Golden ACCA R&D Center

        December, 2012

 

 

关于高顿 | 市场合作 | 高顿部落 | 高顿财税学院 | 免责条款 | 快捷支付 | 联系我们 | 高顿招聘 | HI实习 | 员工验证 | 侵权举报
CopyRight © 2006-2021 Gaodun.cn All Rights Reserved. 上海高顿教育科技有限公司 版权所有
高顿财经
沪ICP备14038153号-9 沪公网安备31010902001401号
教育行业诚信金牌认证单位