Exam 5: Legal Liability

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Which of the following statements is true?

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The Foreign Corrupt Practices Act (FCPA)of 1977:

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"Absence of reasonable care that can be expected of a person in a set of circumstances" defines:

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An important concept in contract law for accountants to understand is the "third-party beneficiary doctrine." Explain and give an example.

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According to the principle established by the Restatement of Torts case, foreseen users must be members of:

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

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A CPA firm normally uses one or a combination of four defenses when there are legal claims by clients.Which one of the following is generally not a defense?

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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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A broad interpretation of the rights of third-party beneficiaries holds that users that the auditor should have been able to foresee as being likely users of financial statements have the same rights as those with privity of contract.This is known as the concept of:

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In connection with the audit of financial statements, an independent auditor could be responsible for failure to detect a material fraud if:

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Under the federal securities acts, one significant result occurring directly due to the Escott et al.v.Bar Chris Construction Corporation case was that SAS was changed to require:

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There are four major sources of an auditor's legal liability.One source is liability to the audit client.List the other three sources.

(Essay)
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To succeed in an action against the auditor, the client must be able to show that:

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An example of auditor legal liability to third parties under common law would be the federal government prosecuting an auditor for knowingly issuing an incorrect audit report.

(True/False)
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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:

(Multiple Choice)
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Matthews & Co., CPAs, issued an unqualified opinion on Dodgers Corporation.Millennium Bank, which relied on the audited financial statements, granted a loan of $200,00,000 to Dodgers Corporation.Dodgers subsequently defaulted on the loan.To succeed in an action against Matthews & Co., Millennium Bank must prove that the bank was:

(Multiple Choice)
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Which of the following is an accurate statement regarding recent actions brought against accountants by clients and third parties?

(Multiple Choice)
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Discuss some of the steps individual practicing auditors can take to minimize their legal liability.

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Which of the following auditor's defenses usually means nonreliance on the financial statements by the user?

(Multiple Choice)
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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?

(Multiple Choice)
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