Exam 5: Legal Liability

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Which of the following does not contain provisions that may serve as a basis for legal actions against auditors?

(Multiple Choice)
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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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There has been, and continues to be, legislative efforts to control litigation costs against CPA firms by discouraging nonmeritorious lawsuits.

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

(Essay)
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In the auditing environment, failure to meet auditing standards is often

(Multiple Choice)
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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.

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

(Multiple Choice)
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Many CPA firms have strategically decided to settle lawsuits brought against them out of court in order to avoid adverse publicity and costly legal fees.

(True/False)
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Discuss the sanctions the Securities and Exchange Commission can impose on auditors.

(Essay)
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Which of the following is a true statement regarding auditors' liability?

(Multiple Choice)
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Which of the following most accurately describes fraud?

(Multiple Choice)
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Gross negligence is the existence of extreme or unusual negligence with the intent to deceive.

(True/False)
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The principal issue in cases involving alleged negligence is usually

(Multiple Choice)
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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

(Multiple Choice)
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In a CPA firm operating as a limited liability partnership (LLP), the liability for one partner's actions does not extend to another partner's personal assets.

(True/False)
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An adequate system of internal control for SEC registrants was originally required by the

(Multiple Choice)
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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?

(Multiple Choice)
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Under common law, a foreseen user would be treated the same as

(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

(Multiple Choice)
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The same defenses available to auditors under common-law suits filed by third parties-nonnegligent performance, lack of duty, and absence of causal connection-are not available to auditors for lawsuits under the Securities Act of 1934.

(True/False)
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