Exam 20: Legal Liability

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An auditor can be guilty under federal statutory law if s/he was reckless in performance of her/his professional duties.

(True/False)
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A CPA's duty of due care to a client most likely will be breached when a CPA

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Which of the following is not one of the four general stages in the initiation and disposition of audit-related disputes?

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The auditor failing to complete the services agreed to in the contract with the client is subject to liability under breach of contract.

(True/False)
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Suits are often brought against auditors that allege that the auditors did not detect some type of fraud or defalcation.List the six defenses that the auditors could mount against client negligence claims.

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In regards to the Foreign Corrupt Practices Act (FCPA),external auditors

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When performing an audit,a CPA

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To prevail in a suit alleging negligence,a third party must prove that the auditor had a duty to the auditor's client to exercise due care.

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The Sarbanes-Oxley Act enhances prosecutorial tools available in major fraud cases by

(Multiple Choice)
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An auditor can be held criminally liable for

(Multiple Choice)
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Auditors can be held liable under two classes of law when sued by clients,investors,creditors,or the government.Identify and briefly explain both classes of law.

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Which of the following elements,if present,would support a finding of constructive fraud on the part of a CPA?

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Privity of contract is the most restrictive view for plaintiffs under common law.

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Common law requires the auditor perform professional services with due care.

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

(Multiple Choice)
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A CPA will most likely be negligent when the CPA fails to

(Multiple Choice)
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What type of liability has the Private Securities Litigation Reform Act of 1995 created for cases filed under federal statutory law? How did this change from previous legislation? How has this impacted the cases against auditors and the way cases are now presented?

(Essay)
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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.Which of the following statements is correct with regard to a suit against Larson and the client by a purchaser of the securities under Section 11 of the Securities Act of 1933?

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Under the liability provisions of Section 11 of the Securities Act of 1933,an auditor may help to establish the defense of due diligence if I.The auditor performed an additional review of the audited statements to ensure that the statements were accurate as of the effective date of a registration statement. II.The auditor complied with GAAS.

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Which of the following is not within the class of foreseen users of an accountant's work product?

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