Exam 15: Legal Liability

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An audit failure occurs when

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N.Lauren hires D. Humphrey, CPA, to provide an audit of her financial statements. The engagement letter includes a statement acknowledging that audited financial statements will be provided to financial institutions for a loan but does not name any financial institution. 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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Which of the following factorswould not influence third parties' abilities to bring suit against auditors for ordinary negligence under common law?

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Which of the following would third parties not need to demonstrate when bringing suit against auditors for losses sustained under the Securities Act of 1933?

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Under the liability provisions of section 11 of the Securities Act of 1933,auditors may be liable to any purchaser of a security for certifying materially misstated financial statements that are included in the registration statement.Under section 11,auditors usually are not liable to the purchaser

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To be successful in a civil action under section 11 of the Securities Act of 1933 against auditors for liability for a materially misstated registration statement,the plaintiff must prove the

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Actions brought under common law place most of the burden of proof on the defendant,usually auditors.

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Which of the following statements regarding auditors' liability under the Securities Act of 1933 is not true?

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Elliot Corp.is interested in purchasing Roger Corp.Prior to the purchase,Elliot hired Adam & Co.to audit Roger's financial statements.During the audit,Adam failed to discover a fraud that resulted in material misstatements in Roger's financial statements.After the acquisition,the fraud was discovered,and Elliot Corp.suffered substantial losses.To sue Adam & Co.,Elliot must prove that Adam

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The primary defense for auditors against a claim of ordinary negligence is to offer evidence that the

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Legal liabilities of auditors may arise from lawsuits brought on the basis of the law of contracts or as tort actions.

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Distinguish between the "due diligence" and the "causation" defenses available to auditors under section 11 of the Securities Act of 1933.

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Which of the following cases upheld the requirement that plaintiffs demonstrate scienter when bringing action under the Securities Exchange Act of 1934?

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As a defense under Rule 10b-5,auditors must prove that they acted in good faith and had no knowledge of the material misstatements in the financial statements.

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Which of the following claims concerning the quality of auditors' work would least likely result in civil liability for damages?

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West & Co.,CPAs,rendered an unqualified opinion on the financial statements of Pride Corp.,which were included in Pride's registration statement filed with the SEC.Subsequently,Hex purchased 500 shares of Pride's preferred stock as part of a public offering subject to the Securities Act of 1933.Hex has commenced an action against West based on the Securities Act of 1933 for losses resulting from misstatements of facts in the financial statements included in the registration statement. Which of the following elements must Hex prove to hold West liable?

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When bringing suit against auditors under section 10(b)of the Securities Exchange Act of 1934,plaintiffs must allege and prove that

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Kerry CPA is the auditor for Sammy Corp.During the audit,Kerry discovers a material misstatement in Sammy's financial statements.Sammy's management tells Kerry that if the misstatement is corrected or if Kerry issues an opinion that indicates there is a material misstatement,Sammy Corp.will likely have to declare bankruptcy and thousands of employees will lose their jobs.Which of the following statements is true if Sammy does not correct the misstatement and Kerry issues an unqualified opinion on Sammy's financial statements?

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The SEC Rule 10b-5 deals with

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The Ernst & Ernst v.___________________ case concluded that auditors might be liable for gross negligence under the Securities Exchange Act of 1934 even in the absence of scienter.

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