Exam 15: Legal Liability

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When investors sue for damages under section 11 of the Securities Act of 1933,they must allege and prove

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Regulation _____________________________ contains accounting requirements for annual and interim financial statements filed under the Securities Act of 1933 and Securities Exchange Act of 1934.

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The landmark case that stated criteria for auditors' liability to third parties for gross negligence or fraud,but not ordinary negligence,was

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Which of the following third parties is known by name to auditors as the audit is conducted?

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While conducting an audit,Larson Associates,CPAs,failed to detect material misstatements included in its client's financial statements.Larson's unqualified opinion was included with the financial statements in a registration statement and prospectus for a public offering of securities made by the client.Larson knew that its opinion and the financial statements would be used for this purpose.In a suit by a purchaser against Larson,its best defense would be that the

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___________________________________________ involves cases in which auditors are sued for violating a written law or statute.

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Typical defenses for auditors in common law actions include all of the following except

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A.Paula performed the audit of the financial statements of Abdul Company (a nonpublic entity currently not subject to filing requirements under the Securities Act of 1933 or Securities Exchange Act of 1934).Abdul is currently considering several alternatives for raising capital,including seeking financing from area banks or an initial public offering of its securities.Which of the following parties would have the lowest likelihood of successfully bringing suit for ordinary negligence against Paula?

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In general,which of the following parties would have the lowest burden of proof in bringing suit against an auditor?

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Auditors are potentially liable for monetary damages and subject to criminal penalties for failure to perform professional services properly.

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Under the antifraud provisions of section 10(b)of the Securities Exchange Act of 1934,auditors may be liable if they acted

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Mays bought McCovey Corp.common stock in an offering registered under the Securities Act of 1933.Hart & Co.,CPAs,gave an unqualified opinion on McCovey's financial statements that were included in the registration statement filed with the Securities and Exchange Commission.Mays sued Hart under the provisions of the 1933 Act that deal with omission of facts required to be in the registration statement.Mays must prove that

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Which of the following statements is true concerning auditors' responsibilities during the audit?

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A(n)___________________________________ must be filed and must be effective before a sale of securities to the public is lawful.

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The Private Securities Litigation Reform Act adopted the doctrine of

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A principle that may reduce or eliminates auditors' liability to clients is

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Liability to foreseen third parties would expose auditors to a greater potential obligation than liability to foreseeable third parties.

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What are the legal liabilities of auditors under common law?

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When creditors who relied on an entity's audited financial statements suffer monetary losses after a customer (the auditors' client)goes bankrupt,what must the plaintiff creditors in a lawsuit for damages show in a court that follows the doctrine in Credit Alliance?

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Charlie Company is headquartered in Wisconsin.Its auditors are headquartered in Minnesota.K.Bob lives in Bloomington,Indiana,but works in Chicago,Illinois.Based on a tip from his boss,Bob called his stockbroker (B.Jim whose office is in Chicago)and instructs him to purchase 1,000 shares of Charlie Company despite never having requested or reviewed Charlie Company's financial statements.Charlie is traded on the New York Stock Exchange,and the transaction took place 15 minutes later on the floor of the exchange. Charlie Company declared bankruptcy three months later,and Bob lost the entire investment.Bob sued Charlie Company's auditors for ordinary negligence. The trial is scheduled for hearing in Madison,Wisconsin.Before the opening of the trial,the attorney for the auditors objects to the trial being held in Wisconsin because the transaction between Bob and Jim took place in Illinois.The attorney asks that the trial be moved to Illinois. Required: A. Third parties have different standing to sue in different jurisdictions. In Wisconsin, Bob may be able to bring suit against auditors for ordinary negligence as a foreseeable party, but in Illinois, Bob may have to prove he is a foreseen party or allege gross negligence or fraud on the part of auditors in order to have a right to bring suit. A. Why would the attorney ask for the trial to be moved? B. The best defense is a lack of causation between the materially misstated financial statements and Bob's loss. Bob never evaluated the financial statements but purchased the stock through a tip from his boss. Auditors may also claim that they performed the audit with due care and according to generally accepted auditing standards. B. What defense would you raise if you were the auditors' attorney?

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