The Interplay Between Case Law and Professional Standards for Compiled Financial Statements

2011 ◽  
Vol 48 (3) ◽  
pp. 409-448
Author(s):  
Craig P. Ehrlich ◽  
Joanne D. Williams
Keyword(s):  
Financial Statements ◽  
Case Law ◽  
Professional Standards

LA FALSEDAD EN DOCUMENTOS SOCIALES DEL ART. 290 CP: ¿DELITO DE FALSEDAD DOCUMENTAL

2010 ◽  
pp. 389-430
Author(s):  
JUAN IGNACIO ECHANO BASALDÚA
Keyword(s):  
Financial Statements ◽  
Case Law ◽  
Theoretical Framework ◽  
Criminal Code

La ausencia de un marco teórico suficiente en el delito de falsedad en documentos sociales del art. 290 CP ¿como hace patente la disparidad de interpretaciones que reciben los elementos típicos¿, aconseja investigar si su naturaleza es la propia de un delito de falsedad documental. Con este fin se analizan críticamente las opiniones presentes en la jurisprudencia, se concluye, contra la opinión de la jurisprudencia actualmente mayoritaria, que la falsedad no es un delito de falsedad documental y que es posible una interpretación tanto de las falsedades documentales como de la falsedad en documentos sociales más acorde con la línea iniciada por el CP de 1995 en esta materia, que permite configurar esta falsedad como un delito de información. Kode Penaleko 290. artikuluak jasotzen duen agiri sozialen faltsutasun- delituak ez duenez euskarri teoriko nahikorik ¿argi erakusten du hori elementu tipikoek ere hainbat interpretazio jasotzeak¿ komeni da aztertzea ea agiri- faltsutzearen delitu baten izaera ote duen benetan. Helburu hori aintzat hartuta, jurisprudentzian agertzen diren iritziak ikuspegi kritikoz aztertzen dira eta ondorioztatzen da, gaur egun jurisprudentzian nagusi den iritziaren kontra bada ere, faltsutasuna ez dela agirien faltsutze delitua eta litekeena dela bai agirien faltsutzeari bai agiri sozialen faltsutasunari interpretazio erabat bestelakoa ematea, kontu horretan 1995. urteko Kode Penalak adierazten zuen moduan: faltsutasun hori informazio- delitua moduan konfiguratzea. The lack of a sufficient theoretical framework for the crime of falsifying corporate financial statements by section 290 in Criminal Code ¿as it is evident given the disparity of the interpretations to the legal elements of the crime¿ suggests us to investigate whether its nature is that of a crime of misrepresenting documents. To this end, the opinions in the case law are critically analyzed and we come to the conclusion that against the majority caselaw opinion, falsehood is not a crime of misrepresenting documents and that it is arguable an interpretation of both misrepresenting documents and falsifying corporate financial statements in conformity with the trend commenced by the Criminal Code from 1995, which permits the construction of this falsehood as a crime of information.

scholarly journals Hopeless Cases: In Defence of Compensating Litigants at the Advocate's Expense

1999 ◽  
Vol 30 (1) ◽  
pp. 295 ◽  
Author(s):  
Duncan Webb
Keyword(s):  
Public Policies ◽  
Case Law ◽  
Professional Standards ◽  
Dividing Line

The dividing line between novel litigation and cases which are an abuse of process and a waste of time can be a difficult one to draw.  Some would argue that the tension between these two public policies is reason enough not to award costs against an advocate bringing or defending "hopeless" causes.  The author, however, is of the view that the jurisdiction to award such costs is justified in the interests of protecting clients and maintaining professional standards.  An analysis of the case law reveals that the power is used sparingly and, if there is any doubt, the court will favour the advocate.

scholarly journals Retelling Copyright: The Contributions of the Restatement of Copyright Law

2021 ◽  
Vol 44 (3) ◽  
Author(s):  
Jeanne C. Fromer ◽  
Jessica Silbey
Keyword(s):  
Historical Context ◽  
Case Law ◽  
Copyright Law ◽  
Professional Standards ◽  
Law Reform ◽  
Court Decisions ◽  
The Past ◽  
Dramatic Criticism ◽  
Federal Case ◽  
The Subject

The provisions at issue in the draft Restatement of Copyright Law on which ALI membership will vote at ALI’s upcoming annual meeting are central to copyright doctrine and have been the subject of numerous court decisions over the past several decades of technological and industry change: originality, fixation, categories of copyrightable subject matter, the idea-expression distinction, and authorship and ownership.  This abundance of legal activity on copyright law demonstrates the value to the profession of this project retelling copyright.  In contrast to the dramatic criticism of this Restatement project alleging political capture or illegitimate law reform, the draft’s provisions are routine and straightforward.  They will surprise no one and are almost boring in their adherence to and synthesis of the copyright statute and judicial interpretations of it. Far from being radical or ill-advised, the Restatement of Copyright Law is a reasonable and welcome addition to the work of the ALI. Part I of this Article situates the current Restatement of Copyright Law in the historical context of other ALI projects, drawing parallels in their purposes, processes, and political tensions. Part II describes the controversy over a “retelling” of copyright law as misguided insofar as it fails to account for the practice of interpretation as part of the practice of law that is constrained by professional standards.  Part III describes the analysis and exposition of the provisions of the draft portions of the Restatement of Copyright Law presented to the ALI membership for discussion and vote this year as unremarkable but also beneficial, achieving the ALI’s goals of clarification and simplification of the sprawling federal case law interpreting and applying the 1976 Copyright Act.

scholarly journals Computer Fire Modeling and the Law: Application to Forensic Fire Engineering Investigations

2021 ◽  
Vol 38 (1) ◽  
Author(s):  
David Icove ◽  
Thomas May
Keyword(s):  
Validation Studies ◽  
Case Law ◽  
Fire Modeling ◽  
Professional Standards ◽  
Verification And Validation ◽  
Standards Of Care ◽  
Fire Engineering ◽  
Multiple Hypotheses ◽  
Fire Models ◽  
Legal Case

Computer fire modeling can be a two-edged tool in forensic fire engineering investigations. Professional standards of care recommend that fire modeling’s primary use is in examining multiple hypotheses for a fire as opposed to determining its origin. This paper covers the current acceptable benefits of computer fire models, historical and pending legal case law, and methods to use modeling results within expert reports and testimony. Particular issues reviewed are the use of animations versus simulations, evidentiary guidelines, and authentication using verification and validation studies.

scholarly journals Auditor Independence Threats and Factors Affecting Independence

2019 ◽  
Vol 8 (3S2) ◽  
pp. 917-923
Keyword(s):  
Research Design ◽  
Financial Statements ◽  
Auditor Independence ◽  
Professional Standards ◽  
Accounting Profession ◽  
Factors Affecting ◽  
Secondary Sources ◽  
Client Relationship ◽  
Standards And Regulations ◽  
Specific Interests

In various professional standards and regulations, the accounting profession has generally described independence as a lack of specific interests and relationships that are presumed to affect auditor objectivity. An auditor must be watchful to any harmful impacts on his planning, investigation, or reporting to preserve independence under the numerous pressures from clients. This article reviews auditor independence literature and factors affecting independence in order to determine the effects of the factors on independence. The method employed for the research is a desk system of research design, in which data were collected through secondary sources such as journals, books and internet materials. The finding of the review indicates that the most mentioned threats to auditor independence are non-audit services, audit tenure, auditor-client relationship and client importance. Independence continues to be a problem when it comes to finding out how accurate and credible investor financial statements are. The leading factor of the independence of the auditor was not evident, but other researchers ranked them based on importance because of their belief that they chose to experiment.

scholarly journals The nature and meaning of the Directive 2013/34/EU on financial statements according to the CJ EU

2020 ◽  
Vol 6 (53) ◽  
pp. 246-261
Author(s):  
Robert Kenyon MacGregor ◽  
Radka MacGregor Pelikánová
Keyword(s):  
Financial Reporting ◽  
Meta Analysis ◽  
Financial Statements ◽  
Case Law ◽  
Related Case ◽  
Court Of Justice ◽  
Socratic Questioning ◽  
Solid Foundation ◽  
Corporate Social ◽  
The Eu

AbstractThe Directive 2013/34/EU is a fundamental part of European Union (EU) legislation harmonising the regime of financial and non-financial reporting throughout the entire EU, including reporting about corporate social responsibility (CSR). Inasmuch as its transposition deadline expired in 2015, it is possible and also highly elucidating to holistically study its nature and actual transposition. A related literature summing up, accompanied with a legislation and transposition review compiled via the EUR-Lex database, makes for a solid foundation for a holistic and critical exploration of the related case law of the ultimate judicial authority for the interpretation and application of the Directive 2013/34/EU, namely the Court of Justice of the EU (CJ EU). Researching this case law within the Curia database brings forth an interesting meta-analysis, refreshed by Socratic questioning, which reveals the approach of the CJ EU to the Directive 2013/34/EU. The hypothesis suggests that this case law of the CJ EU offers valuable and as-yet hitherto-neglected indices, signifiers about the EU conforming to the perception of the nature and meaning of the Directive 2013/34/EU. These indices could be pivotal for further improvement of the harmonized regime of financial and non-financial reporting, for the boosting of CSR and also for supporting European integration and its legitimacy.

scholarly journals INTEGRATION INTERCONNECTION OF ISLAMIC AUDITING LEARNING MODEL IN 4.0 ERA

2019 ◽  
Vol 3 (2) ◽  
pp. 80-98
Author(s):  
Dinik Fitri Rahajeng Pangestuti
Keyword(s):  
Qualitative Research ◽  
Action Research ◽  
Learning Process ◽  
Research Methodology ◽  
Financial Statements ◽  
Learning Model ◽  
Professional Standards ◽  
Business World ◽  
Standard Output ◽  
Audit Standards

Auditor is an important profession in the business world. One of the auditor duties is to issue the opinion of financial statements. The opinion that was issued by the auditor becomes a guarantee on the fairness of the financial statements of the company. Auditors as independent parties have the obligation to check the financial statements of the client's company. In carrying out its duties, an auditor must adhere to the established professional standards and ethics. However, offence committed by the auditor towards the audit standards and ethics still occur. It can be viewed audit scandal histories, it is important to improve the auditing-learning process in campus. Campus as centre of knowledge is not only to educate a competent auditor but also to educate the morality of auditor. This research is qualitative research which uses action research methodology. The data is taken in real learning cases in auditing class then constructing the existing rules in learning, standard output of auditor and Al Qur’an rules to become a learning model. Other datas are taken by interviewing the experts to confirm about the model. The result of this research is auditing-learning model that is able to be applied in auditing class.

INCOME TAX ALLOCATION: THE CONTINUING CONTROVERSY IN HISTORICAL PERSPECTIVE

1998 ◽  
Vol 25 (2) ◽  
pp. 81-111 ◽  
Author(s):  
Sally M. Schultz ◽  
Roxanne T. Johnson
Keyword(s):  
Income Tax ◽  
Historical Perspective ◽  
Financial Statements ◽  
Income Taxes ◽  
Professional Standards ◽  
The Past ◽  
Retrospective Account ◽  
Deferred Tax ◽  
The 1960S ◽  
Accounting For Income Taxes

The appropriate means of accounting for income taxes on financial statements has been among the most hotly debated and frequently recycled issues of the past 50 years. This retrospective account begins with the issuance of the first professional standards during the 1930s and 1940s, and illustrates how theoretical arguments, developed in professional and academic journals during the 1950s, were subsequently recycled and revised during later decades. The problems that led to reconsideration of the deferred tax issue by both the APB during the 1960s and the FASB during the 1980s and 1990s are discussed, as are the solutions offered by these standard setters.

scholarly journals The Disability Discrimination Act 1995 and psychiatry: lessons from the first seven years

2004 ◽  
Vol 28 (4) ◽  
pp. 126-129 ◽  
Author(s):  
Nick Glozier
Keyword(s):  
Secondary Care ◽  
Psychiatric Illness ◽  
Relevant Information ◽  
Case Law ◽  
Professional Standards ◽  
Clinical Implications ◽  
Disability Discrimination ◽  
Icd 10 ◽  
Interesting Variation ◽  
Disability Discrimination Act

Aims and MethodTo extract relevant information for clinicians from reported and/or accessible cases involving psychiatric illness brought under the Disability Discrimination Act 1995 (DDA). Institutional databases were searched for DDA cases and relevant guidance from case law extracted.ResultsOver half the cases reaching higher courts involve psychiatric illness. A number of decisions provide guidance for clinicians wishing to aid their own patients, and those involved as expert witnesses. These cover which conditions are included as impairments (almost everything in ICD–10), what associated effects are to be considered, and the relevance of comorbidity and treatment. Cases often involve recovery of clinical documents that reveal interesting variation in professional standards.Clinical ImplicationsVirtually all patients of psychiatrists in secondary care would be covered by the DDA. Knowledge of this Act could be used to enhance a patient's access to employment and services, and potentially overcome some of the effects of stigmatisation.

Using Case Materials to Research Professional Standards on Revenue Recognition Issues

2007 ◽  
Vol 22 (1) ◽  
pp. 89-104 ◽  
Author(s):  
Sudha Krishnan ◽  
Steven M. Mintz
Keyword(s):  
Initial Public Offering ◽  
Financial Statements ◽  
Professional Standards ◽  
Share Price ◽  
Net Income ◽  
Revenue Recognition ◽  
Generally Accepted Accounting Principles ◽  
Software Company ◽  
Accounting Principles ◽  
Public Offering

MicroStrategy, Inc. is a software company listed on NASDAQ. Since the company came out with an initial public offering (IPO) in June 1998, it has always been identified as a successful, growing company with positive net income. On March 20, 2000, the company announced that it would restate its financial statements for all years since its IPO. This announcement caused its share price to fall 60 percent in one day. The case summarizes management's actions and asks you to identify issues relating to revenue recognition policies under generally accepted accounting principles (GAAP).

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