HND商法导论OUTCOME1答案
HND商法导论outcome1(仅供参考)
1.刑法和民法的定义。
Civil Law and Criminal Law ★Criminal Law is stipulated which behaviors are commit a crime, and what punish Proper suitable for the criminals. The punishment includes imprisonment and fine and so on.Civil Law is concerned with non-criminal disputes and situations, including:The dispose of legal disputes between personal and other bodies or organizationThe payment of compensation form one party to another for loss or injuryThe setting of process to manage financial and other matters2.举出6个民事纠纷例子☆ civil dispute caseLand disputes 土地纠纷Winding up of a corporate body 公司解体纠纷Personal injury claims 人身伤害纠纷Succession disputes 遗嘱纠纷Contractual disputes 合同关系纠纷Debt recovery actions 债务清偿纠纷3.犯罪的定义。
☆ What is a crime?Crime is Social ideology identify with that is Crime is antisocial, because it is antisocial, so threatens or undermines the security of society. Criminal behavior should be punished by the State by the imposition of a prison sentence and /or fine or other sanction on the man who is convicted of guiltExamples of criminal conduct include murder, Hi jack, kidnap, fire-raising, theft and fraud4.民法和刑法的区别。
商法__ outcome1 答案
1.The main resources of the modern Scots Law are Statute Law, European Law, andCommon Law.2.a: It is the process that a judge develops a rule of the law by making a decision ina test case. After listening to the opposite legal arguments, the judge makes thedecision about which view of law is correct. After the decision is made, other or future judges and courts will be expected to follow the kind of decision that is made previously in the similar situation or the case. But not every judge can make the new decision, it is commonly made by the superior courts, and the other lower or inferior courts will follow the step. It needs the authority of the judge or the court to make the new decision.b: Donoghue V Stevenson 19323.a: The superior legislative body is the Westminster Parliamentb: Because the Scottish Parliament obtains the authority from the Westminster Parliament to pass the laws for Scotland. The Scottish Parliament’s legislations are valued as the secondary legislations. The Westminster Parliament can also abolish Scottish Parliament.4.Act of the Parliament is referred to as legislation or statute law.5.Abolition of Feudal Tenure Act, The Health and Safety at Work Act, Sale ofGoods Act, Employment Rights Act, Divorce Act.6.Criminal Law is, used to punish individuals who behaved criminally, formaintaining safety and effect of the law. Civil Law is resolve the cases which is not anything about crime but legal disputes between individuals.7.Crime is an illegal action for which an individual can be punished by law. Forexample: drug dealing, theft, child abuse, murder.8.Family Law Dispute, Debt recovery actions, Tenor or authenticity of a lostdocument.9.If there is a conflict between Scottish and European law, the court should obey thelaws under European law. The European Union is an organization of 25 member states. The members must obey the rules or laws in order to enjoy the benefits of membership. Britain has been a member of the European Union since1973. The passing of the European Communities Act 1972 by the Westminster Parliament recognizes the supremacy of European Law over the domestic law. By the time Britain became a member of European Union 1973. Many of the important law were already in place and Britain had to accept this as a price of membership of European Union.10. a: The Council of Minister, the European Parliament, the European Court ofJustice, the European Commissionb: The Council of Minister with the advice of the European Parliament, makes the law for European peole.。
hnd_商法outcome1考试_答案
1 S ources of modern Scots Law.Statute law, common law and European Union law2 How do you describe the doctrine of judicial precedent? Examples of judicial precedent.It means that a judge can make law when there aren't legislation or precedents for him to use to deal with the case in his hand. In doing so, the judge or judges listen to arguments of all parties to decide which view of law is right. This case is called test case. They make their decision and then future judges should follow the reasoning in the test case . Not all the judges have the authority to make precedents. Junior judges usually can not do this. Ruling made by superior court must be followed by lower court.3 Which is more powerful: the Westminster Parliament or the Scottish Parliament? Why?The Westminster Parliament is superior. On the one hand, Scottish Parliament passes laws within the power conferred by the Westminster. On the other hand, the Westminster can abolish Scottish Parliament by passing an act.4 What is a statute?A statute is where a legislation is written down. A legislation made by parliament is called Act of Parliament, and also known as a statute.5 Name five Acts of Parliament.The licensing (Scotland) act 1975The divorce (Scotland) act 1976Abolition of poundings and warrant sales act 2001Dog fouling (Scotland) act 2003The health and safety at work act 1974Sale of goods act 1979Employment rights act 1996Protection of children (Scotland) act 20036 What are the main differences between civil and criminal law in Scotland? Criminal law is to maintain law and order by punishing criminals. The punishments includes imprisonment and fine and so on.Civil law is to resolve legal disputes between individuals such as divorce, personal injury, contractual disputes, sale of goods, etc.Criminal and civil cases are dealt with by different courts, who use different proof rules and follow different procedure.7 What is a crime? (You should list four examples of criminal behaviour)A crime is a kind of behaviour which threatens or destroys social security and should be punished by the state.Murder, rape, treason, theft, manslaughter, robbery, bribery, fraud, etc.8 E xamples of a civil dispute.Contractual disputes, employment disputes, debt recovery, divorce, personal injury, land diputes9 If any conflicts between Scots and European Union Law, which one should the Scottish Courts follow? Why?European Union law.The UK is now a member of the EU. In order to enjoy the benefit as a member, the UK must obey the EU law. The UK has passed an act to confirm its membership and accepted that the EU law shall be superior to its domestic law.10 List the four most important institutions of the European Union and Which of them has law-making powers?1 The Council of Ministers.2 The European Parliament.3 The European Court of Justice.4 The European Commission.The Council of Ministers and the European Parliament has law-making powers.1 Examples of The European Union can make legal rules.Regulations, Directives, Decisions, Recommendations and Opinions2 “the primacy of European Union Law”?It means that when there is a conflict between EU law and Scots law, a Scottish court implements the EU law instead of Scots law.4 What is …legislation‟?Legislation refers to laws passed by the parliaments. These laws are Acts of Parliament. Besides, there is delegated legislation, which is made by bodies lower than the parliaments and authorized by the parliaments.5 Which of the two legislative bodies is more important?The Westminster Parliament is more important than The Scottish Parliament.6 What does the XXX (Scotland) Act mean?It means that this legislation is made by Scottish Parliament and applys to Scotland only.8 What is the burden of proof in a criminal trial which a prosecutor mustachieve in order to convict the accused?The prosecutor must clearly prove the accused is guilty beyond any reasonable doubt.9 What is …common law‟?Common law is an important part of the unwritten law of Scotland. It includes judicial precedents, custom, equity and institutional writings.1现代苏格兰法律的来源。
HND商法outcome1问题及答案
1.现代苏格兰法的渊源Source Of Scotland Law1.Statute 成文法2.EU Law 欧盟法mon Law 普通法2.民法与刑法的区别The main differences between civil and criminal law are:a.Criminal law is primarily used by the State as a means of maintaining law and order by punishing certain individuals who indulge in behaviour which is regarded as criminal and anti-social. The State uses the criminal law, therefore, to punish criminals on behalf of the community or society.b.The civil justice system, in contrast with criminal law, aims to resolve legal disputes between private individuals in areas as wide-ranging as family law, company law, partnership law, banking and finance law, sale of goods and services, consumer law, personal injury claims, trusts, defamation actions, succession issues and divorce (消费者保护法，个人伤害索赔，信托，诽谤行动，继承问题和离婚).c.Different courts, standards of proof and procedures existdepending on whether we are talking about criminal action or a civil dispute. (we will discuss this more in later chapters)3.成文法的定义Acts of parliament are often referred to as legislation or statute law. the westminster parliament alone made laws for scotland until the creation of the scottish parliament,however,westminster has given the scottish parliament authority in many different areas of policy to make statute law.4.苏格兰议会与英国议会Which the Westminster Parliament or the Scottish Parliament , is the superior legislative body?(a)The westminster（维特敏斯特——伦敦市的一个行政区英国议会所在地）parliament(b)1.After(the Act Of union in)1707,the new scottish parliament is not completely/totally/fully independent（独立的）(body/organization).2.It's westminster parliament that gave scottish parliament.3.Scotland can only make secondary legislation（法规法令）/can not make primary legislation.4.Scotland parliament can abolish（废止）.5.欧盟立法机关European Union Legislation(what are the four most important institutions of the European Union and which of the European Union institutions has law-making powers?)(a)四个机构1.The Commission European: A Supervision（监督）Role2.The Council of Ministers (部长理事会决策性的)3.The European Parliament(建议性的)4.The European Court of Justice (执法)(b)哪个机构有权利制定法律1.the council of ministers and the european parliament have the power/authority to make law/advisory.2.The EU commission can not make law.3.The court enforces EU Law.法院实施欧盟法6.The primary of European Union Law Assuming three exists a conflict between scots and European Union law , which one of the two legal systems are the Scottish courts bound to follow? Why?(a) 如果Scotland law与EU Law发生冲突应该遵守？The Scottish corts would have to obey/observe the European Law.(b) Why?1.the EU Union have 27 member state,every state must to obey the EU Union's regulation.2.3. Scotland is a part member of the EU Union,so It must obey the EU Law,if UK decided get out of the EU Union,Scotland will not obey the EU Law.7. 6个民事纠纷例子Civil disputes Employment law disputes e.g. unfair or wrongful dismissal claims劳动法纠纷，如不公平的或者错误的解聘纠纷Family law disputes (custody or adoption of children)家庭法纠纷（孩子的监护或收养问题）Divorce or separation actions离婚或分居诉讼Debt recovery actions债务清偿纠纷Defamation of character人格诽谤纠纷Land disputes土地纠纷Winding up of a corporate body公司解体纠纷Succession disputes (wills)继承/遗嘱纠纷Personal injury claims人身伤害纠纷Contractual disputes合同关系纠纷8. 5个苏格兰使用的法律Sale of goods act 1979Employment right act 1996Human right act 1998Protection of children（scotland）act 2003The healthy and safety at work act 1974Abolition of feudal tenure （scotland）act 2000The licensing （scotland）act 19769.什么是犯罪What is a crime?A crime is behaviour which is regarded as so reprehensible (应受谴责) and which, consequently, threatens or undermines thesecurity of society. Criminal behaviour ought to be punished by the State by the imposition of a prison sentence and /or fine or other sanction (制裁) on the person who is convicted of a crime.举例（5个）：Examples of criminal conduct include murder, rape, assault, fire-raising, theft and fraud (欺诈行为).10.司法先例Judicial Precedent定义Judicial Precedent (司法先例)Judicial Precedent also known as Stare Decisis (遵循先例).If a legal dispute or any other legal situation occurs and there is no provision in any Act of Parliament of any piece of delegated legislation to cover it, the judge dealing with the dispute must make a decision which he/she sees as fair and just.In such a situation therefore, the judge is actually making the law—he/she is creating a precedent—and their decision will be followed in the future by other judges in similar cases. However, if legislation is passed later which is contrary to the judicial decision, then the legislation that is passed later will overrule it.原则For precedent to be applied the following must be shownThat the cases are “in point”—This means that the case beingheard in court must be dealing with the same question of law as the case being heard in court as the case that is being used as a precedent.That the original decision was made in a higher court: the Court of Session and Sheriff Court Judges must follow a House of Lords decision.There is no legislation to cover this point. At the time of this case, there was no legislation to cover such a situation and so the judges had used their sense of fairness to reach a decision.举例Donoghue V Stevenson 1932 SC（HL）31Daniels V White （1938）Grant V Australian Knitting Mills（1936）。
outcome1 HND 公司法
This report aims to explain the company law which is about setting up a company. Indeed, the report will primarily describe the contents of the constitutional documents of a company before illustrating the formal process for company registration. The report will then explain the meaning and characteristic of separate legal personality. Finally, the different forms of corporate body will also be discussed and compared.When set up a company, the investors must comply with all kinds of formalities. They should create and file the Memorandum of Association at first. The Memorandum of Association is one of the two most important documents to be lodged with the Registrar of Companies. It is often referred to as the company's external constitution, which details the relationship between the company and the world outside it.This document should include:1) T he name of the company should be registered at the Companies House2) T he registered office address of the company3) T he purpose of registered company (including what is company's business scope, how to set up the company's purpose, what is the company purpose)4) The statement of limited liability (it should include the details of available share, including number and type)5) If the company is registered as a public company, the sub-clause must be stated that company is a public companyMoreover, it is possible for the company to have some other clauses in their memorandum is they want. The purpose of the clauses of memorandum is to ensure it difficult to change.In addition the company should also create and file the Articles of Association. The Articles of Association and Memorandum of Association must be submitted to the registrar of Companies House. In general, the Articles of Association can be seemed as the internal constitution. It covers three main areas and establishes the rules for the company, which includes:1)The company’s shares (1. The different types of shares and the right attached to each. 2.How the shares are transferred to new owners and the paperwork involved)2)The company’s meeting3)Directors and their powersIn general, the Articles of Association and Memorandum of Association are together from the Company Constitution. Any articles which are contrary to public policy are considered as illegal and invalid. All of the above documents must be submitted to the registrar of Companies House. Once the Registrar at Companies House are checked all the documents, the company will be formally registered and a certificate of incorporation will be issued to the registered office address. It means the company has already complied with the law and can start trading. The whole process usually takes as little as five days.The nature of a company in the law is that it has a separate legal personality. The legal doctrine of incorporation means that a company is a legal person, who in its own right and exists separately from its shareholders. Indeed, the company owns property and assist in its own right. This is like a veil being drawn between those dealing with the company and its member.Take Salomon v Salomon & Co Ltd. as an example. Salomon set up a company and allotted on share to the members of his family. The majority of the shares he registered for himself. He then sold his shares to the company. When the company bankrupt, debtors could not claim their money from Salomon as he was deemed entirely separate form the company.There are some advantages of separate legal personality. Firstly, the board of management is separate from the owner of the company. It means the investors need not to participate in the operation of the company. Secondly, the owners of the company have limited responsibility for the debts. They only stand to lose the amount they have invested in the business to date.Finally, there are some differences between private limited company and public limited company. The main difference is that the shares of public limited company are available for public to buy. The public limited companies can offer shares to the public through stock exchange market. Company law 1985 Section81 regulates that, if a private company sold shares and corporate bonds public, it has violated a criminal offence. A public company's capital requirement is the lowest shares for 50000 pounds, 25% of which must be paid, such as have been proposed to issue shares. It is easier for public company to raise capital in this way.The name of the company must show it is a Public company or private company. Plc is public limited liability company. Ltd or limited refers to private companies. A private company does not need to state the type of the company in its Memorandum. A public company's secretary needs to have relevant legal representative qualification. But private companies don’t need this requirement. Listed companies must have at least two members and two directors. Private companies can be only one member and one director.再把书上P28页第二段加进来（public companies must。
HND商务会计高级outcome报告答案
H N D商务会计高级o u t c o m e报告答案 The latest revision on November 22, 2020Index pageIndex page………………………………………..…. Introduction…………………………………………. Background………………………………………..…FindingsSection 1…………………………………………Section 2…………………………………………Section 3…………………………………………Conclusion………………………………………….. Reference…………………………………………….IntroductionBackgroundSSP plc is a company operating in the food manufacturing industry. It is engaged in food processing, supplying all the main supermarket chains with first class process meat products. During the last few years the company has been difficult because of the BSE and Foot and Mouth disease made a declining demand for meat product. The bad outstanding achievement stopped in 2004 and a partial rebound in the market produced an increase in turnover by nearly 15%. It is expected that this rebound in the market will gather momentum over the coming year and the SSP plc is planning to take even greater strides forward by opening a new processing plant in Glasgow.As requested in the chief executive’s memo of 30 December, here is my report summarising and analysising the financial position of the SSP plc for the year 2003 and 2004.OutlineThe main body of the report will evaluate five parts:Part 1--- Analyze the users of financial information and the purpose of using. Part 2--- State of financial source and categorize with their characteristics. Part 3---Explain the cash flow statement of SSP plc.Analyze the recent financial performance and position of the SSP plc.(Including my recommendations about how to improvement of business performance)FindingsSection 1. Users of financial accounts.Users of financial statements are a group of people or organizations who use the information to make evaluations and decisions. Users of financial information can be divided into two categories: internal and external users.Now, I will use a table to show you the users’ purpose and sources of information they use to get the statements.Section 2. Source of financesTo run a business, organizations require finance for different proposes and for varying lengths of time. In the finance, we divide sources of capital into two categories: equity capital and loan capital. Equity capital is the finance provided by the owner and there is no interest to pay. Loan capital refers to money that is borrowed from a source outside the business. The interest of loan capital must be paid. Sources of finances could be clarified into short, medium and long term. The short-term refers to finance that are borrowed for a period of no more than one year. The medium-term refers to funds that are borrowed for a period of between two and ten years. Long-term refers to funds that are borrowed for a period of more than ten years.In the case study, the source of finances of SSP plc is: trade creditors, tax, bank overdraft, debentures, ordinary share capital and the retained profits from last account period.Short-term sources:1.Trade creditors:Trade creditors are produced when the purchase of raw materials or stock is delaying to pay, thus, there is more cash which would be used for other uses.There is also an interest free way of raising finance. However, the credit could lead to poor relations with suppliers and the customers may forfeit discounts.The credit is ￡544,000 in 2003 and it decreased to ￡405,000 in 2004. The percentage of decrease is %. The decrease of credit infers that SSP plc has a good financial situation that it has a strong ability to pay credits back to suppliers. This could improve the relationship with suppliers.2.Bank overdraft:Bank account holders can prearrange with the bank to draw cheques to agreater value than the actual balance in the account. Interest should be paid by customers and bank charges will apply where an overdraft limit has been exceeded. Bank overdraft is flexible and cheap. It has a low cost. Some small bank overdraft even has a free of charge.SSP plc had no overdraft but the number increased to ￡86,000 in 2004. The increase shows that the company borrowed money from bank for its expansion in Glasgow.Long-term sources:1.Debentures:Debentures are loans make to companies that carry a fixed rate of interest.The company’s fixed assets normally secure debentu res. Debentures have a fixed time period or an open time period. The shareholders are not debenture holders. A debenture interest is paid as an expense not an appropriation of profit.SSP plc has a fixed debenture (￡1,560,000) in the year of 2003 and 2004. It tells us the company’s fixed assets are steady.2.Ordinary shares:Ordinary shareholders receiving pay-outs from company after preferenceshareholders are paid. Ordinary share dividends are not fixed and subject to company’s periodical performances and decisions of management in payingdividend.In SSP Company, the ordinary share capital is ￡1,950,000 in both 2003 and 2004. It infers that the company has a steady operation situation.3.Retained ProfitsThe retained profit is the finance brought from the last financial period. It is not fixed and may be a negative number. It presents operational situation of last period.The retained profits decreased from ￡505,000 to ￡420,000. The percentage change of decrease is %. The lower ratio shows us the company had made fewer profits in 2003 then it was in 2002.Section 3. Ratio Analysis1.Major inflows is Net cash flow operating activates of ￡1,345,000.Major outflow is Payments to acquire fixed assets, which takes ￡984,000.2.Ratio AnalysisProfitability Ratios:Gross Profit Percentage=Gross profit/Turnover x 100% 2003: GPP=￡7,000,000/￡11,674,000 x 100%=%2004: GPP=￡8,037,000/￡13,382,000 x 100%=%Trend: IncreaseAnalysis: The increase of ratio is a good sign. The positive trend can be an indication that stock control of meat product has improved, demand for the meat product has increased after the diseases, or purchasing policies have improved. The managers should keep the good trend and go on develop it, such as improving marketing strategy, setting better pricing policy, or improving stock control.Net Profit Percentage=Net Profit before Taxation/ Turnover x 100% 2003: NPP=￡1,182,000/￡11,674,000 x 100%=%2004: NPP=￡901,000/￡13,382,000 x 100%=%Trend: DecreaseAnalysis: The decrease of the ratio is a bad sign that it indicates a low profit of the company. From the P&L Account of the SSP plc, we know thatalthough the gross profit increased, the operation cost is much higher in 2004; it leads to a decrease in net profit. So the managers should thinkabout how to decrease our operation cost to help our company earn moreprofit.Liquidity Ratios:Current Ratio=Total Current Assets/Total Current Liabilities2003: CR=￡1,195,000/￡767,000=2004: CR=￡1,248,000/￡701,000=Trend: IncreaseAnalysis: the increase of ratio is a good sign. Generally speaking a healthy current ratio is at least 2:1. The and indicate the company is a littlebit over trading and have difficulty in meeting its short-term debts. The main reason for the increase is the increase in the total current assets and decrease in the total current liabilities. I suggest that the company may keepmore profit for the short-term debts.The Acid Test Ratio=Liquid Assets/Current Liabilities2003: (￡1,195,000-￡608,000)/￡767,000=2004: (￡1,248,000-￡796,000)/￡701,000=Trend: DecreaseAnalysis: The decrease is a bad sign. The ratio should be 1:1. But the ratio in both of 2003 and 2004 is less that 1. And unfortunately, the ratio isstill decreasing. SSP plc meets a liquidity problem that the liquid assets decrease. The company managers should pay attention to this ratio and organization’s development.Efficiency Ratios:Fixed Asset Turnover=Turnover/Fixed Assets2003: ￡11,674,000/￡4,017,000= times2004: ￡13,382,000/￡4,318,000= timesTrend: IncreaseAnalysis: Where this ratio gas increase, this is a good sign. It indicates that the existing fixed assets are generating more sales and maybeinvestment in new fixed assets gas could be been paid off. Managers of SSP plc should develop and focus on it.Debtors Collection Period=Debtors/Turnover x 3652003: ￡306,000/￡11,674,000 x 365= days2004: ￡452,000/￡13,382,000 x 365= daysTrend: IncreaseAnalysis: It is a bad sign that there is an increase in DCP. It indicates that SSP’s may have a po or credit control of poor invoicing system. The bad debts may also increase. The leaders of SSP should check their invoicing and reminder system to keep the ratio a proper range.Investment Ratios:Interest Cover=Profit Before Interest & Tax/Interest Charges 2003: ￡1,416,000/￡234,000=2004: ￡1,135,000/￡234,000=Trend: DecreaseAnalysis: This ratio shows how capable the company is of covering its interest charges. The decrease is not good because the company is less able to meet its interest payments. But the ratio is still in a reasonable range. Leaders should try to increase company’s profit to keep this ratio a high level.Debt Ratio=Total Debts/Total Assets x 100%2003: (￡767,000+￡1,560,000)/(￡4,017,000+￡1,195,000) x 100%=%2004: (￡701,000+￡1,560,000)/(￡4,318,000+￡1,248,000) x 100%=%Trend: DecreaseAnalysis: It is a good sign that the ratio increased. However, a healthy ratio should keep around 50%. It indicates that SSP has fewer liabilities or keeps more assets. The sign should be kept by managers.3.RecommendationAfter reading and analyzing three accounts from SSP Company, I found some problems with it and now I will present my suggestions about the futuremanagement in these two parts.Operational recommendationA ratio of Net Profit Percentage shows us that SSP plc has a high expenditurein operation cost. It also indicates that the company has a low level of cost control. Therefore, I suggest that SSP should try to decrease the costs of sales and the operation cost, such as adopting new management system andusing contractors to find distribution channels but to find them itself.Financial recommendationFor the source of finance, SSP has a bad performance of financial operating.In the Cash Flow Statement, the Financing is ￡0, but the company is planning expansion in Glasgow. The main inflow of the company is the sales. It is a dangerous phenomenon if the company wants to use the turnover to expanse its business because it is impossible to use the current cash to support long-term investment. So I suggest that the company may increase the number of share capital or make more debentures to get more long-term capital forexpansion.ConclusionBy analyzing the P&L Account, Balance Sheet and Cash Flow Statement, we can infer that SSP plc has a good operational performance. However, there are still many parts to improve and develop to help the company maximize profits.ReferenceRay H. Garrison, Managerial Accounting, Business Publications Inc., 1985, Printed in Accounting for Non-accounting Students, Financial Times, 2004, Printed in Great Britain.Frank Wood & Alan Sangster, Business Accounting 2, Financial Times, Pitman Publishing, 1999, Printed in China.。
HND市场学outcome1考题及参考答案
HND市场学outcome1考题及参考答案1 please describe the purpose and importance of marketing research to organisations.(expected response:approximately 200 words) Answering this question you'll be asked to interpret the meaning of marketing research first, then explain the importance of marketing research.An explaination of the importance of marketing research to include points such as:Definition of marketing research◆Marketing research is a meth od or instrument by gather(collect),sort(process), analyse, interpret information and finally draw anuseful conclusion the company's marketing strategy will benefit from. Explain the importance of marketing research, you will be suggested as follows:◆to meet the needs of its market where a company needs to understandits customers.◆Companies use marketing research to identify ther potential markets.◆Marketing research helps organisation create satisfied customersthrough the provision of the right goods(products), in the right place, at the right price, with the right information(promotion).ReferenceMarketing research is a systematic, objective collection and analysis of data about a particular target market, competition,and otherenvironment inluding internal and external environment. It always incorporates some form of data collection whether it be secondary research or primary research which is collected direct from a respondent.The marketing research aims at meeting the needs of its market where a company needs to understand its customers. With the change or development internal and external environment of company, the product market will varies from many factors such as customers' wants or demands.Since meeting consumers' needs is the basic commercial laws, and important for the company's survival and profits making, the company can do some efforts to create more customers' utilities (satisfaction) by marketing research. At the same time, customers' satisfaction will be maximized if they are provided the right prodcts, in the right place, at the right price and with the right promotion(abbreviated 4P in next text). The 4P's product mix is closely correlated with the marketing research.With the coming of the products' market growing and mature, the quantity of competitors increases, there is no more space available of prodcts' profits making. In order to survive, to keep the existing profit, or to increase the profit, company have motions to explore the potential markets by marketing reseach.2 expected response: approximately 300 words.(a)describe and distinguish between primary and secondary data.◆ a definition of primary data◆ a definition of secondary dataA comparison of primary and secondary data such as:◆Primary data is firt hand infor mation, secodary data is thesecondhand information.◆Primary data is field research.◆Secondary data is desk or library research.◆Primary research can be gathered through questionnaires, focusgroups or obserbations, etc.◆Secondary data can be gathered from within the company, or outsidethe company.Reference :Primary data is the information collected for particular(specfic) purpose at hand. Secondary data exists somwhere, gathered for another purpose.The difference between the primary data and the secondary data can be listed as follows:Just as its name implies, primary data is the first hand information, while secondary data is the seond hand information. That is to say, primary data is field research which is gathered by an organisation for its own specific purpose. Seondary data is desk or library research which isgathered from the library and internal organisation, etc. So we can conclude that secondary data is started first, the more expensive,time-consuming primary research will be used only when missing information has to be collected by marketing research.Secondary data comes from both the internal database and information publicly available(marketing intelligence). While primary data can gathered from outside the organisation.There is the difference in the instrument of the two data.Primary data can gathered through survey . We can survey the targeting by mail, phone, or internet. It can collected through observation by ethnographic research, or sending its staff to observe. It also can gaghered information by focus group interivewing and by experimental research. While the secondary data can be sorted from public available information and internal information. the public available information may include government's report of industry, the news of competitors' website, the references form library, free industry research database, public limited company's information, etc.(b)idetify the advantages and disadvantages of using secondary data. AdvantagesRelatively cheap and easily accessible.◆Vast quantities of information covering a wide range of subjects areavailable.◆Data has already been analysed and processed.◆Organisations have gathered information over many years and trendsand patterns can be identified.◆Governments produce statistics about markets and consumer habits. Disadvantages◆Not specific to a particular organisation.◆Possibly out of date◆Not exclusive to a particular company, so is also available to rivals.◆Analysis to the data may be biased.Reference:There are five main (key) advantages of secondary data. The fist, it is cheaper and can be obtained more quickly. The seond,Vast quantities of information covering a wide range of subjects are available. The third, since secondary data exists somewhere, it has already been analysed and processed. The fourth, organisations have gathered information over many years and trends and patterns can be identified so that the data is used because public receive it undoubtedly. The last, Governments produce statistics about markets and consumer habits, so if the change of environment can be neglected, the resources about markets can be used.The disadvantages of secondary data includes as follows:it is provided to pulic, so it can not provide specific information for a particular organisation, that is to say , the rivals possibly have the same accesses to gain the similiar information. It ages easily , so it is possibly out of date. Secondary data is not specially prepared for the specific problem of marketing, so the outcome maybe be biased.(c)identify different secondary soures which the organisation in the case study might use.◆Government statistics about social trends from the Annual Abstact ofStatistics.◆The financial accounts of rival company.◆Sales records from within the company to identify growing/decliningareas.◆Newspaper articles about the latest toy crazes in America.◆Census figures which highlight population changes.◆Government statistics about the state of the economy.3 explain how the organisation in the case study might use different types of marketing research. Provide realistic andrelevant examples of types of marketing research which the organisation could use to improve its current business situation.(expected 400 words)◆The company could carry out q uestionnaires in retail outlets, such asretailers and other middlemen by telephone, personal talk or online.◆the company could visit parent and toddler groups to observe howchildren play with toys.◆The company could invite pre-school children to play in theobservation room exlusively bulit for research, the marketing managers could watch or observe the children's behavior by scanners or through the window outside the observation room.◆The company hire an well trained person who was good at marketingresearch to observe the parent and children's buying behaviors.◆The company could organise focus groups to discuss new productswith groups of 10-12year olds. The company could create a flexbile and comfortable talk/chat environment, start from an interesting topic so as to calm down the groups, then induct them to speak their true views on the exploration of the new product.◆The company could carry out the quesitonnaires to make sure thecustomers' buying preference and their habbits of buying toys , by this process, the company can gain some resources about the development of the new products for added customermarket which can bedescribed with 10-12year olds.◆The company could send out questionnaires to the toy buyers forexsiting products in different retail stores such as toy stores , supermarkets, etc. The contact methods are available which are mail, phone, personal talk, and online. If the outlay for marketing research isenough , the suggested method is personal talk. Because this method is easy to control the quality of research.◆The company could organise focus groups to discuss exsitingproducts with groups of pre-school year olds. Since the customers'characteristic, the form of research maybe variable and flexible.Maybe playing games with them is available while carrying outresearch. By chatting with them, marketing managers or marketingresearchers can know their needs for the toys.◆Since the industry is becoming even more competitive, gatheringmore secondary data of rival company's marketing activities is a quite right choice. We can analyse the rival companys' sales figures to see how they had adapted their product ranges. We can go to library for basic reference of rival company, we can gain the free data from the government statistics of industry, we can also gain the information of rival company on theinternet ,especially on the rival company'swebsite which includes formal information and informal information like BBS' news.◆For gathering more information of rival company, we can use theethnographic research.we can hire a person specially trained formarketing research. The person will observe the buying behavior oftheir own consumers and rival companys' consumer, then analysis the difference between the two kinds of consumers. Finally give thedifferent marketing strategy .◆The company could use secondary sources such as governmentstatistics to identify changes in the market place.◆The company could gather information of book order of governmentfor the primary scholar or pre-school children through the report of government 's work which can be received freely and throughgovernment authoritative website.上一页下一页。
HND经济学导论Outcome1考试题及翻译
Assessment task instructionsRead the following passage and answer the questions which follow.SteamScot is a privately run rail company, which provides steam train journeys in Scotland. At present they operate three specific rail journeys in various parts of Scotland. These journeys are aimed at the tourist market and operate throughout the summer months. Around 70% of passengers are domestic tourists with the other 30% overseas visitors.The company has been fairly profitable over the last decade, and with the help of various grants available, they are considering an expansion of its operations. However, it is also aware that within the next five years a major overhaul of its capital stock as well as major repairs will have to be undertaken. It is this dilemma that the board of the company faces.It is estimated that in the coming year it will have £2.5 million to spend. This money could be used to open a new line between Inverness and Fort William, or to begin the repair and replacement plan on its current routes.A recent report has highlighted that following recent terrorist threats, visitors from the USA are expected to fall within the next three years, but that European visitors are likely to increase as the Euro rises in value. It is also expected that Visit Scotland (the tourist organization) will mount a major advertising campaign in England to encourage more visitors from that country.The boards of directors of SteamScot are also considering a change in their pricingbut are unsure if this is a wise move. At present the average price of a journey is £4 and 60,000 tourists use the services. A report commissioned by the board on price, supply and demand is shown on the following table.1 SteamScot face a ‘basic economic problem’!What is this ‘problem’ and what is the opportunity cost of the replace and repair programme?2 From the table in the previous passage, construct a demand and supply schedule ona diagram and identify the equilibrium price and quantity.3 (a) Calculate, using total revenue, the price elasticity of demand when: (i) price rises from £4 to £5(ii) price falls from £4 to £3(b) If you were a member of the SteamScot board, what would you recommend the company does in both situations? Give reasons for your advice.4 How would the advertising campaign by Visit Scotland affect demand for SteamScot journeys?Show the effect on a diagram.5 Apart from an increase in price, what other determinant would encourage SteamScotto increase its supply of rail journeys?6 If the Chancellor of the Exchequer was to reduce income tax, would this affect demand for SteamScot’s product s? Explain your answer with reference to income elasticity of demand.7 Using a diagram, show what would happen to the equilibrium if the Scottish Executive gave SteamScot a subsidy. Explain any changes and how the market would return to equilibrium.评估任务说明阅读下面的文章,回答下列问题。
HND-商法导论 Outcome1答案
1.Sources of Scots Law are Statute Law, European Union Law, and Common Law2.the licensing (scotland)act 1975sale of goods act 1979employment rights act 1996the human rights act 1998dog fouling (scotland) act 20033.family law disputesland disputesemployment law disputes parliament is the superior legislative body .after theact of union in 1707, the new scttish parliament is not completely independent parliament is primary.5.a crme is behavior which is harmful to society.it will be punished.for example, murder, rape,theft,fraud，assault belong to crimes.6.it exists a conflict between scots and eu law ,the scottishcourts would have to obey the eu's legal system. eu is a club which has 27 member of the states.britain is a member of the club.so the britian must do its responesibility,and give up their own law.if the britain desided to quit the club ,the laws of the britain follow the domestic law .7.speaking exactly the council of ministers,with the advice of european parliament .cm and ep have the law-making powers.the european court of justice implement eu law .the eu commission can propose laws effectively.8.act of parliament are often considered as legislation . the statute is made uk parliament and the scottish parliament.9. A.Judicial Precedent is a process involves a process wherebya judge can develop a rule of law by making a decision in a test case. A test case refers to the one in which clarification of an important point of law is sought, and judges after listening to opposite legal arguments will have to make the decision about which view of the law is correct.B.Once this decision has been made, future judges and course will be expected to follow the reasoning in the test case,if they are dealing with a case with similar legal issues.C.It not every judge can make a new binding legal rule. The authority of the judge or court should be considered here, if the judge is relatively junior, he/she will be unlikely to be able to create a new rule of law. But on the other hand, if the rule comes from superior courts, this decision will be followed by the lower or inferior courts.D.Judicial precedent or case law is parts of the unwritten law of Scotland.E.Donoghue v Stevneson (1932)10. Criminal law is deals with all types of offences and crimes, concerns itself with the recognition of what amounts to a crime and the punishments suitable for these recognized crimes.Criminal conduct is the behavior which threatens the safety and security of the community. So the offender should be punished by imprisonment or fine or some other sanctions.Examples: murder, piracy, fire raising, assault, fraud, theftCivil law is concerned with non-criminal disputes and situation.The settlement of legal disputes between individuals and otherbodiesThe payment of compensation from one party to another for loss or injuryThe setting of procedures to govern financial and other matters. example divorce case.。
HND-商法导论Outcome1答案
1.Sources of Scots Law are Statute Law, European Union Law, and Common Law 2.the licensing (scotland)act 1975 sale of goods act 1979 employment rights act 1996 the human rights act 1998 dog fouling (scotland) act 2003 3.family law disputes land disputes employment law disputes parliament is the superior legislative body .after theact of union in 1707, the new scttish parliament is not completely in 1707, independent parliament is primary. be 5.a crme is behavior which is harmful to society.it will will be punished.for example, murder, rape,theft,fraud，assault belong to crimes. 6.it exists a conflict between scots and eu law ,the scottish courts would have to obey the eu's legal system. eu is a club which has 27 member of the states.britain is a member of the club.so the britian must do its responesibility,and give up their own law.if the britain desided to quit the club ,the laws of the britain follow the domestic law . 7.speaking exactly the council of ministers,with the advice of of ministers,with european parliament .cm and ep have the law-making powers.the european court of justice implement eu law .the eu commission can propose laws effectively. 8.act of parliament are often considered as legislation . the statute is made uk parliament and the scottish parliament. 9. A.Judicial Precedent is a process involves a process whereby a judge can develop a rule of law by making a decision in a test case. A test case refers to the one in which clarification of an important point of law is sought, and judges after listening to opposite legal arguments will have to make the decision about which view of the law is correct. B.Once this decision has been made, future judges and course will be expected to follow the reasoning in the test case, if they are dealing with a case with similar legal issues. C.It not every judge can make a new binding legal rule. The authority of the judge or court should be considered here, if the unlikely to to be able to relatively junior, he/she will be unlikely judge is is relatively create a new rule of law. But on the other hand, if the rule comes from superior courts, this decision will be followed by the lower or inferior courts. D.Judicial precedent or case law is parts of the unwritten law of Scotland. E.Donoghue v Stevneson (1932) 10. Criminal law is deals with all types of offences and crimes, concerns itself with the recognition of what amounts to a crime and the punishments suitable for these recognized crimes. Criminal conduct is the behavior which threatens the safety and security of the community. So the offender should be punished by imprisonment or fine or some other sanctions. Examples: murder, piracy, fire raising, assault, fraud, theft Civil law is concerned with non-criminal disputes and situation. The settlement of legal disputes between individuals and other bodies The payment of compensation from one party to another for loss or injury The setting of procedures to govern financial and other matters. example divorce case. 。
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OutcomeCovered 1Assessment task instructionsCandidates will be given one closed-book exercise consisting of ten restricted response questions for the assessment of Outcome 1. This exercise should take candidates approximately 30-45 minutes to complete.考生将获得1闭卷行使十个评估的结果1限制反应的问题组成。
这项工作应采取的候选人约30-45分钟才能完成。
1 List the main sources of modern Scots Law.1名单现代苏格兰法律的主要来源。
Statute law, common law and European Union law2(a) What is meant by the doctrine of judicial precedent?2（一）什么是司法先例原则？2(b) Give an example of a judicial precedent.2（b）给出了一个司法先例的例子。
3(a) Which is the superior legislative body: the Westminster Parliament or the Scottish Parliament?3（一），这是上级立法机构：威斯敏斯特议会或苏格兰议会？3(b) Explain your choice of answer in part (a) above.3（b）解释第（一）项的选择你的答案。
4 What is a statute?4什么是法规？5 Name five Acts of Parliament.5名五行为的议会。
6 What are the main differences between civil and criminal law in Scotland?6什么是民法和刑法之间在苏格兰的主要区别？7 What is a crime? (You should list four examples of criminal behaviour)7什么是犯罪？（你应该列出四种犯罪行为的例子）8 Provide three examples of a civil dispute.8提供三种民事纠纷的例子。
9(a) In a conflict between Scots and European Union Law, which one of the two legal systems are the Scottish Courts bound to follow?9在苏格兰和欧盟之间的法律，这两种法律制度的冲突引起的（a）是必然要遵循的苏格兰法庭9(b) Explain your answer.9（b）解释你的答案。
10(a) What are the four most important institutions of the European Union?10（一）什么是四个最重要的欧盟机构？10(b) Which of the European Union institutions has law-making powers?？10（二）欧洲联盟各机构已制定法律的权力？covered 1Suggested solutions and making an assessment decisionQuestion 1The answer should state that the main sources of modern Scots Law are statute law, European Union law and common law.Question 2(a) The answer should state that the doctrine of judicial precedent or stare decisis involves a process whereby a judge or judges can develop a rule of law by making a decision in a test case. A test case is one in which clarification of an important point of law is sought and judges, after listening to opposing legal arguments, will have to make the decision as to which view of the law is correct. Once this decision has been made, future judges and courts will be expected to follow the reasoning laid down in the test case if they are dealing with a case which raises similar legal issues. It should be stressed that not every judge can make a new, binding legal rule. The authority of the judge or the court will have to be considered here. If the judge is relatively junior e.g. a Sheriff or a Justice of the Peace, it is very unlikely that s/he will be able to create a new rule of law. If, on the other hand, the ruling came from superior courts, for example, the High Court of Justiciary or the House of Lords, this decision would have to be followed by the lower or inferior courts. Therefore, the position of the court matters greatly. Judicial precedent or case law is part of the unwritten law of Scotland.(b) The well known case of Donoghue v Stevenson [1932] could be used as one such example of the doctrine of judicial precedent.（一）答案应该指出，司法先例或先例学说涉及到一个过程，即法官或法官可以通过使发展中的一个测试案例决定了法治。
一个测试案例是在其中的一个重要的法律问题寻求澄清和法官在听取反对法律论点，将不得不作出将其与法律的观点是正确的决定。
一旦这个决定已经做出，未来的法官和法院将有望按照规定的测试案例的推理下，如果他们与案件的处理提出了类似的法律问题。
应该强调的是，不是每个法官可以作出新的，具有约束力的法律规则。
该法官或法院的权力将不得不考虑在这里。
如果法官是比较初级例如警长或和平一个正义，这是非常不可能的他/她将能够创建一个新的法律规则。
如果，另一方面，由上级法院来裁决，例如，对Justiciary或上议院高等法院，这个决定必须由下级或下级法院遵循。
因此，法院的地位问题很大。
司法先例或判例法是不成文的苏格兰法律的一部分。
（二）多诺霍v史蒂文森著名案例[1932]可作为一个司法先例原则这样的例子。
Question 3(a)The superior legislative body is the Westminster (or United Kingdom) Parliament.优越的立法机构是威斯敏斯特（或英国）议会。
(b) Unlike the previous Scottish Parliament which was abolished by the Act of Union in 1707, the new Scottish Parliament is not a completely independent body. The Scottish Parliament is quite clearly an inferior body in comparison to the Westminster Parliament. It is the Westminster Parliament from which the Scottish Parliament derives its authority to pass laws for Scotland. Any legislation of the Scottish Parliament is considered to be secondary legislation not primary legislation. It should also be recalled that a simple Act of the Westminster Parliament is all that it would take to abolish Scotland’s Parliament. Westminster has already abolished a local assembly or parliament ie the Stormont Parliament or Assemblywhich made laws for Northern Ireland until its abolition in the 1970s.（二）不同于以往的苏格兰议会是由联盟法废除了1707年，新的苏格兰议会并不是一个完全独立的机构。
苏格兰议会是很清楚，在相对于威斯敏斯特议会下身体。
这是威斯敏斯特议会从中获得其权威苏格兰议会通过对苏格兰的法律。