Exam 15: Legal Liability

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In comparison to the burden of proof required of plaintiffs in civil lawsuits against independent auditors under common law,section 10(b)of the Securities Exchange Act of 1934

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Rule 10b-5 requires that the plaintiff must prove that auditors acted with intent to deceive in order to impose liability.

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Strict privity is the relationship of parties who enter into a contract together.

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Foreseeable third parties are best described as

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Auditors have high exposure to liability under the Securities Act of 1933,section 11,primarily because the ______________________________________ has been placed on auditors.

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Gross negligence represents a more significant departure from appropriate professional care than ordinary negligence.

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When an entity registers a security offering under the Securities Act of 1933,the law provides an investor

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Which of the following is the best defense that auditors can assert in a suit for common law fraud based on their unqualified opinion on materially misstated financial statements?

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If an audit is performed for the benefit of a specific person or organization,that person or organization is known as a(n)

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Which of the following is not a reason that the Class Action Fairness Act of 2005 will benefit auditors in class action lawsuits?

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In each of the individual cases,indicate the potential liability and identify the appropriate basis under common or statutory law.

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Which of the following cases provides auditors the broadest exposure for liability to third parties for ordinary negligence under common law?

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______________________________ liability refers to auditors' liability based on prior legal judgments and precedents.

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N.Lauren hires D. Humphrey, CPA, to audit her financial statements. The engagement letter includes a statement acknowledging that audited financial statements are required to be filed with a regulatory body by October 1. Humphrey does not complete the audit until October 5. Lauren is late filing the financial statements and is fined $100,000 by the regulatory body. Lauren would most likely sue Humphrey claiming

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Assume that auditors lost a civil lawsuit for damages and the court found total losses of $5 million.If the auditors were determined to be 30 percent at fault and were the only solvent defendant,what is the auditors' likely obligation under proportionate liability?

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When a client sues an accountant for failure to perform consulting work properly,the accountants' best defense is probably based on the doctrine of

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Beckler & Associates,CPAs,examined and issued an unqualified opinion on the financial statements of Queen Co.The financial statements contained misstatements that resulted in a material overstatement of Queen's net worth.Queen provided the audited financial statements to Mac Bank in connection with a loan made by Mac to Queen.Beckler knew that the financial statements would be provided to Mac.Queen defaulted on the loan.Mac sued Beckler to recover for its losses associated with Queen's default.Which of the following must Mac prove in order to recover? I.Beckler did not conduct the audit with the appropriate level of professional care. II)Mac relied on the financial statements.

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N.Lauren hires D. Humphrey, CPA, to audit her financial statements. The engagement letter includes a statement acknowledging that audited financial statements will be provided to Key Largo Bank for a loan. Humphrey completes the audit and issues an unqualified opinion. Based on the audited financial statements, Key Largo Bank approves the loan to Lauren. Four months later, Lauren files for bankruptcy. Key Largo Bank would most likely sue Humphrey claiming that

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Auditors cannot be held liable to their clients for failure to detect material management fraud.

(True/False)
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The U.S.Supreme Court ruled that auditors are not subject to civil __________________________________________________ complaints unless they actually participated in the management or operation of a corrupt business.

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