Exam 5: Legal Liability

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The standard of due care to which the auditor is expected to be held is referred to as the prudent person concept.

(True/False)
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The auditor generally owes a duty of care to third parties who are part of a limited group of persons whose reliance is "foreseen" by the auditor.

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Privity of contract exists between

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

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The defense of contributory negligence by a third party is often used by auditors if charged with a violation of the 1934 Securities Act.

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Companies with securities traded on national and over-the-counter exchanges are required to submit audited financial statements once every three years to the Securities and Exchange Commission.

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The King Surety Company wrote a general fidelity bond covering thefts of assets by the employees of Wilson,Inc.Thereafter,Cooney,an employee of Wilson,embezzled $17,200 of company funds.When the activities were discovered,King paid Wilson the full amount in accordance with the terms of the fidelity bond,and then sought recovery against Wilson's auditors,Lynch & Merritt,CPAs.Which of the following would be Lynch & Merritt's best defense?

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One significant result of the Escott et al.v.BarChris Construction Corporation case was

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The Securities and Exchange Commission can impose all but which of the following sanctions?

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The U.S.Supreme Court ruled in 1976 in Hochfelder v.Ernst & Ernst that before CPAs could be held liable for Rule 10b-5 of the Securities Exchange Act of 1934,the auditor's ________ would be required to be shown to the court.

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Which of the following resulted in a federal law passed in 1995 that significantly reduced potential damages in securities-related litigation?

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Discuss some of the steps practicing auditors can take to minimize their legal liability.

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In order to protect themselves from legal liability,it is important that CPAs

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Under common law,an individual or company that (1)does not have a contract with an auditor,(2)is known by the auditor in advance of the audit,and (3)will use the auditor's report to make decisions about the client company has:

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One of the changes in auditing procedures which was brought about as a result of the 1136 Tenants case was that auditors were encouraged to begin using

(Multiple Choice)
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A financial institution sues the audit firm for failure to discover that a borrower's financial statements are materially misstated.This is an example of which of the following legal liability concepts?

(Multiple Choice)
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If an auditor is unsuccessful in using the lack of duty defense to have a case dismissed in a third-party suit,the preferred defense is

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An individual who is not party to the contract between a CPA and the client,but who is known by both and is intended to receive certain benefits from the contract is known as

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Under the Securities Act of 1933,the auditor's responsibility for making sure the financial statements were fairly stated extends to

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The same three defenses available to auditors in common lawsuits by third parties-nonnegligent performance,lack of duty,and absence of causal connection-are also available for suits under the Securities Exchange Act of 1934.

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