acca考试《f4公司法与商法》辅导要点一

高顿财经ACCA ACCA 考试《F4 公司法与商法》辅导要点一 本文由高顿ACCA 整理发布，转载请注明出处Chapter 1 Structure of the legal system1 Distinction between criminal and civil law1.1 Civil lawWho brings the action?Claimant (plaintiff) against Defendant.E.g. Brown v JonesBurden (i) Hears references and appeals from courts of member states on matters of European Law;(ii) On European Law matters can overrule decisions of any UK court;(b) European Court of Human Rights:(i) The final source of appeal on European Convention on Human Rights matters. (Note that the Convention is now incorporated into UK law by Human Rights Act 1998);高顿财经ACCA(ii) There is no appeal from the European Court of Human Rights to European Court of Justice.2.2 The House of Lords:(a) Highest UK court;(b) Personnel – Lords of Appeal in Ordinary (Law Lords) . 5 will usually sit on an appeal;(c) Jurisdiction – purely appellate. Hears appeals from :-– Both divisions of the Court of Appeal– The divisional court of the Queens Bench Division of the High Court– The High Court by “leap-frog procedure“;(d) On appeals from some Commonwealth Courts and Channel Islands the court sits as “The Judicial Committee of the Privy Council“.2.3 The Court of Appeal:(a) Divided into 2 divisions :-– civil and– criminal(b) Personnel – Lord Justices of Appeal. 3 will usually sit on an appeal.– civil division – Master of the Rolls is chief judge– criminal division – Lord Chief Justice of the criminal division(c) Jurisdiction – purely appellate. Hears appeals from– all 3 divisions of the High Court, the divisional court, the EAT, Lords Tribunal and Transport Tribunal– the Crown Court– the County Court (except for certain appeals in regard to family and bankruptcy matters)2.4 The High Court:(a) Divided into 3 divisions:– Queens Bench Division– Family Division– Chancery Division(b) Personnel – High Court Judges (Puisne judges):– QBD – Lord Chief Justice = chief judge– Family Division – President = chief judge– Chancery Division – Nominally Lord Chancellor – in practiceVice-Chancellor高顿财经ACCA(c) Queens Bench Division jurisdiction:– Contract, Tort and other general civil matters without limit as to value (usually above ?15,000) includes specialist courts such as the Commercial and Admiralty Courts.– The making of prerogative writs and ordersThe Divisional Court of the QBD hears appeals on points of law from the Magistrates and Crown Courts.(d) Family Division jurisdiction:– Defended divorces and matters under the Domestic Violence and Matrimonial Proceedings Act 1976– Matters relating to Childrens Act 1989 and Human Fertilisation and Embryology Act 1990– Appeals in regard to family matters from the County Court(e) Chancery Division jurisdiction:– Trusts– Tax– Company Law– Probate– Insolvency– Companies Court and Patents Court are part of the Chancery division2.5 The Crown Court:(a) Personnel:– High Court Judges (where offence is serious)– Circuit Judges– Recorders(b) Jurisdiction:– Trials on indictment (i.e. not guilty pleas)– Sentencing of