Exam 5: Legal Liability

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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

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If the CPA negligently failed to properly prepare and file a client's tax return, the CPA may be liable for

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Discuss each of the four defenses a CPA firm can normally use when facing legal claims by clients.

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

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Which of the following is an accurate statement regarding Rule 10b-5 of the Securities Exchange Act of 1934?

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

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The 1136 Tenants case was a criminal case concerning a CPA's failure to uncover fraud during a financial statement audit.

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A major purpose of federal securities regulations is to

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Which of the following most accurately describes constructive fraud?

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A(n) ________ failure occurs when an auditor issues an erroneous opinion because it failed to comply with requirements of auditing standards.

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The Sarbanes-Oxley Act of 2002 makes destruction of audit documentation punishable by up to 10 years in prison.

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Many litigation experts believe that a well written engagement letter significantly reduces the likelihood of adverse legal actions.

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Which of the auditor's defenses against client suits contends no implied or expressed contract?

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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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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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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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A common way for a CPA firm to demonstrate a lack of duty to perform is by use of a(n)

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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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Constructive fraud

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