Exam 5: Legal Liability

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The expectation gap:

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A third-party beneficiary is one which:

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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 doctrine of joint and several liability is one factor that has contributed to the recent increase in the number of lawsuits against auditors and the size of awards to plaintiffs.

(True/False)
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Distinguish between constructive fraud and fraud.

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

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Match seven of the legal terms (a-j)with the definitions provided below (1-7):
Laws that have been passed by the U.S.Congress and other governmental units.
Third-party beneficiary
Absence of reasonable care that can be expected of a person in a set of circumstances.
Fraud
Lack of even slight care tantamount to reckless behavior that can be expected of a person.
Separate and proportionate liability
Correct Answer:
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Responses:
Laws that have been passed by the U.S.Congress and other governmental units.
Third-party beneficiary
Absence of reasonable care that can be expected of a person in a set of circumstances.
Fraud
Lack of even slight care tantamount to reckless behavior that can be expected of a person.
Separate and proportionate liability
The assessment against a defendant of that portion of the damage caused by the defendant's negligence.
Breach of contract
Failure of one or both parties in a contract to fulfill the requirements of the contract.
Common law
The assessment against a defendant of the full loss suffered by a plaintiff regardless of the extent to which other parties shared in the wrongdoing.
Statutory law
Existence of extreme or unusual negligence even though there was no intent to deceive or do harm; also termed recklessness.
Ordinary negligence
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Several states have statutes that permit privileged communication between the client and auditor, allowing a CPA to refuse to testify in state and federal courts.

(True/False)
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The principal issue to be resolved in cases involving alleged negligence is usually:

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The assessment against a defendant of the full loss suffered by a plaintiff regardless of the extent to which other parties shared in the wrongdoing is called:

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Section 10 and Rule 10b-5 of the Securities Exchange Act of 1934 are often referred to as:

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

(True/False)
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Statutory laws are laws that have been developed through court decisions rather than through the U.S.Congress and other governmental units.

(True/False)
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In the performance of an audit, a CPA:

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A CPA is subject to criminal liability if the CPA:

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