Exam 5: Legal Liability

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The only parties who can recover from auditors under the Securities Act of 1933 are original purchasers of securities.

(True/False)
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One result from the Escott et al. v. BarChris case was a greater emphasis being placed on the audit staff's understanding of the client's business and industry.

(True/False)
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The term "audit failure" refers to the situation when the auditor issues an incorrect audit opinion that a qualified auditor, following auditing standards, would have not issued.

(True/False)
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In the case of an audit, recklessness is present if the auditor knew an adequate audit was not done but still issued an opinion, even though there was no intent to deceive financial statement users. This is a description of the legal term

(Multiple Choice)
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Distinguish between "joint and several liability" and "separate and proportionate liability."

(Essay)
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The Foreign Corrupt Practices Act (FCPA) of 1977

(Multiple Choice)
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Match eight of the following terms (a-n) with the definitions provided below (1-8).
an auditor's legal defense under which the auditor claims that the audit was performed in accordance with generally accepted auditing standards
Securities Exchange Act of 1934
a common-law approach to third-party liability in which ordinary negligence is insufficient for liability to third parties because of the lack of privity of contract between the third-party and the auditor unless the third-party is a primary beneficiary
Securities Litigation Uniform Standards Act of 1998
a federal statute that makes it illegal to offer a bribe to an official of a foreign country
standards failure
Correct Answer:
Verified
Premises:
Responses:
an auditor's legal defense under which the auditor claims that the audit was performed in accordance with generally accepted auditing standards
Securities Exchange Act of 1934
a common-law approach to third-party liability in which ordinary negligence is insufficient for liability to third parties because of the lack of privity of contract between the third-party and the auditor unless the third-party is a primary beneficiary
Securities Litigation Uniform Standards Act of 1998
a federal statute that makes it illegal to offer a bribe to an official of a foreign country
standards failure
an auditor's legal defense under which the auditor claims that the client's own actions either resulted in the loss that is the basis for damages or interfered with the conduct of the audit in such a way that prevented the auditor from discovering the cause of the loss
audit risk
a federal statute designed to significantly reduce the potential damages in federal securities-related litigation by providing for proportionate liability in most cases
nonnegligent performance
an auditor's legal defense under which the auditor claims that the failure to follow auditing standards did not cause the damages suffered by the client
business failure
a federal statute dealing with companies that trade securities on national and over-the-counter exchanges .Auditors are involved because the annual reporting requirements include audited financial statements.
Foreign Corrupt Practices Act
a situation in which an incorrect audit opinion is issued because it failed to comply with the requirements of auditing standards
absence of causal connection
(Matching)
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"Absence of reasonable care that can be expected of a person in a set of circumstances" defines

(Multiple Choice)
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If an auditor fails to fulfill a certain requirement in the contract, they may be guilty of

(Multiple Choice)
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Which of the following is a true statement regarding CPAs' liability?

(Multiple Choice)
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In a CPA firm operating as a limited liability partnership (LLP), the liability for one partner's actions extends to the firm's assets.

(True/False)
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Define ordinary negligence, gross negligence, and constructive fraud.

(Essay)
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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.

(True/False)
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Under the Securities Exchange Act of 1934, which type of organization is required to submit audited financial statements to the SEC?

(Multiple Choice)
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The Sarbanes-Oxley Act of 2002 makes it a felony to destroy or create documents to impede or obstruct a federal investigation. Those provisions were adopted following which of the following legal cases?

(Multiple Choice)
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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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Discuss at least three major factors that have contributed to the recent increase in the number of lawsuits against auditors and the size of awards to plaintiffs.

(Essay)
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Match seven of the legal terms (a-j) with the definitions provided below (1-7).
absence of reasonable care that can be expected of a person in a set of circumstances
third-party beneficiary
existence of extreme or unusual negligence even though there was no intent to deceive or do harm; also termed recklessness
statutory law
lack of even slight care tantamount to reckless behavior that can be expected of a person
joint and several liability
Correct Answer:
Verified
Premises:
Responses:
absence of reasonable care that can be expected of a person in a set of circumstances
third-party beneficiary
existence of extreme or unusual negligence even though there was no intent to deceive or do harm; also termed recklessness
statutory law
lack of even slight care tantamount to reckless behavior that can be expected of a person
joint and several liability
the assessment against a defendant of that portion of the damage caused by the defendant's negligence
fraud
failure of one or both parties in a contract to fulfill the requirements of the contract
ordinary negligence
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
common law
laws that have been passed by the U.S. Congress and other governmental units
constructive fraud
(Matching)
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A third-party beneficiary is one which

(Multiple Choice)
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Privity of contract exists between

(Multiple Choice)
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