读书人财会频道财会考试专业网站 http://www.reader8.com/exam/caikuai/ 2009年6月ACCA：F4真题评分标准 1 This question requires candidates to examine the doctrine of precedent and how it operates within thre
读书人财会频道 财会考试专业网站 http://www.reader8.com/exam/caikuai/
2009年6月ACCA：F4真题评分标准 1 This question requires candidates to examine the doctrine of precedent and how it operates within three different legal systems one of which is the English legal system.
8-10 marks Good explanation of the way that precedent operates in two systems. It is necessary that candidates will refer to the Common Law system.
5-7 marks Sound explanation but lacking in detail or perhaps slightly unbalanced. A maximum of 6 marks only is possible if the candidate only deals with the English legal system.
3-4 marks Weak explanation or very unbalanced answer.
0-2 marks Little or no understanding.
2 （a） This part of the question requires candidates to assess the relative advantages and disadvantages of court proceedings and arbitration. The main focus may be placed on arbitration， but the court system must also be considered.
4-5 marks Good explanation of the meaning of arbitration as opposed to the court system， together with a sound assessment of the relative advantages and disadvantages of both.
2-3 marks Fair explanation of both systems but perhaps lacking in detail or examples. Perhaps only dealing with arbitration without the required evaluation.
0-1 mark Very unbalanced answer or lacking any detail and evaluation.
（b） This part of the question requires candidates to explain certain key terms in relation to the UNCITRAL Model Law on International Commercial Arbitration； i.e. statements of claim and statements of defence.
4-5 marks Good explanation of the meaning and effect of both terms.
2-3 marks Sound explanation but lacking in detail or perhaps slightly unbalanced.
0-1 mark Weak explanation or very unbalanced answer.
3 This question requires candidates to explain the obligations relating to price placed on the purchaser under the UN Convention on Contracts for the International Sale of Goods.
8-10 marks Thorough answers which show a detailed knowledge of the operation of the convention.
5-7 marks Fair explanation of the operation of the convention， but perhaps unbalanced and lacking in detail.
0-4 marks Some basic knowledge of the provisions of the convention， but no real depth of understanding. Perhaps a very unbalanced answer that only deals with one part of the question.
4 （a） 3-4 marks Good explanation of the rules relating to company names.
0-2 marks Some but limited knowledge of the control over company names.
（b） 3-4 marks Good explanation of the action of ＆passing off＊ with case authority to support the explanation.
0-2 marks Some but limited knowledge of ＆passing off＊ or control over company names.
（c） 2 marks Good explanation of the role of the company names adjudicators and why they are necessary.
0-1 mark Little if any knowledge of the concept.
5 （a） 3-4 marks Thorough explanation of the doctrine of capital maintenance perhaps with some examples of its application.
0-2 marks Some knowledge but lacking in detail.来源:读书人-ACCA考试
