Exam 5: Legal Liability

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The assessment against a defendant of that portion of the damage caused by the defendant's negligence is called

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A

Under the laws of agency,partners of a CPA firm may be liable for the work of others on whom they rely.This would not include

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B

The Credit Alliance approach to the concept of foreseen users states that to be liable to third parties,an auditor (1)must know and intend that the work product would be used by the third-party for a specific purpose,and (2)the knowledge and intent must be evidenced by the auditor's conduct.

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True

Define ordinary negligence,gross negligence,and constructive fraud.

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Under common law,a foreseen user would be treated the same as

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The Sarbanes-Oxley Act of 2002 makes it a felony to destroy or create documents to impede or obstruct a federal investigation.Those provisions were adopted following which of the following legal cases?

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Under the Securities Exchange Act of 1934,most of the litigation against the auditor has been generated because of the auditor's involvement with the

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Distinguish between "joint and several liability" and "separate and proportionate liability."

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The 2012 news of a massive alleged bribery scheme involving Wal-Mart has brought charges against the company under the

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The principal issue in cases involving alleged negligence is usually

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Which of the following is a True statement regarding auditors' liability?

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Which of the following is an accurate statement regarding audit risk,audit failure,and business failure?

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Tort actions against CPAs are more common than breach of contract actions because

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The standard of due care to which the auditor is expected to adhere to in the performance of the audit is referred to as the

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One result from the Escott et al.v.BarChris case was a greater emphasis being placed on the audit staff's understanding of the client's business and industry.

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Match eight of the following terms (a-n)with the definitions provided below (1-8):
a federal statute that makes it illegal to offer a bribe to an official of a foreign country
Securities Litigation Uniform Standards Act of 1998
an auditor's legal defense under which the auditor claims that the audit was performed in accordance with generally accepted auditing standards
nonnegligent performance
a federal statute designed to significantly reduce the potential damages in federal securities-related litigation by providing for proportionate liability in most cases
Securities Act of 1933
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a federal statute that makes it illegal to offer a bribe to an official of a foreign country
Securities Litigation Uniform Standards Act of 1998
an auditor's legal defense under which the auditor claims that the audit was performed in accordance with generally accepted auditing standards
nonnegligent performance
a federal statute designed to significantly reduce the potential damages in federal securities-related litigation by providing for proportionate liability in most cases
Securities Act of 1933
a federal statute dealing with companies that trade securities on national and over-the-counter exchanges.Auditors are involved because the annual reporting requirements include audited financial statements.
audit failure
a situation in which an incorrect audit opinion is issued because it failed to comply with the requirements of auditing standards
Foreign Corrupt Practices Act
an auditor's legal defense under which the auditor claims that the client's own actions either resulted in the loss that is the basis for damages or interfered with the conduct of the audit in such a way that prevented the auditor from discovering the cause of the loss
absence of causal connection
an auditor's legal defense under which the auditor claims that the failure to follow auditing standards did not cause the damages suffered by the client
lack of duty to perform
a common-law approach to third-party liability in which ordinary negligence is insufficient for liability to third parties,because of the lack of privity of contract between the third-party and the auditor unless the third-party is a primary beneficiary
Ultramares doctrine
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The expectation gap

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Three approaches to the application of the foreseen users' concept are (1)the Credit Alliance approach,(2)the Restatement of Torts approach,and (3)the foreseeable user approach.Summarize each of these three approaches.

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The basic legal concept which was affirmed in the 1985 New York case,Credit Alliance,was that

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In the auditing environment,failure to meet auditing standards is often

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