Exam 20: Legal Liability

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An auditor,using the same degree of due care as other members of the profession,fails to identify an inadequate allowance for bad debts.This occurrence is an example of

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

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An audit client loses a lawsuit and the judgment is for an amount in excess of the contingent liability the client had recorded in the audited financial statements.The auditor,using the typical degree of due care as other members of the profession,determined that the amount of contingent liability recorded by the client in the financial statements for the pending lawsuit was reasonable,given the facts at the time of the audit.This judgment by the auditor is likely to result in

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Under Section 11 of the Securities Act of 1933,which of the following standards may a CPA use as a defense?

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Section 11 under the Securities Act of 1933 treats claims against auditors more favorably than common law.What two things does a plaintiff need to prove to have a case against the auditor of a company in which she purchased new investments? What does the auditor have to do to have the case dismissed?

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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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One of the greatest sources of liability for auditors under the 1934 Act is Section 10(b)and the related Rule 10b-5,which states that it is unlawful for any person to defraud,make any untrue statement of a material fact,or engage in any act in connection with the purchase or sale of a security.Once a plaintiff has established that he or she can sue under Rule 10b-5,there are four elements that must be proven.List the four elements.

(Essay)
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West & Company,CPAs,was engaged by Sand Corporation to audit its financial statements.West issued an unqualified opinion on Sand's financial statements.Sand has been accused of making negligent misrepresentations in the financial statements that Reed relied upon when purchasing Sand's stock.West was not aware of the misrepresentations and was not negligent in performing the audit.If Reed sues West for damages based on Section 10(b)and Rule 10b-5 of the Securities Exchange Act of 1934,West will

(Multiple Choice)
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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

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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?

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When performing an audit,a CPA will most likely be considered negligent when the CPA fails to

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Under the liability provisions of Section 11 of the Securities Act of 1933,a CPA may be liable to any purchaser of a security for certifying materially misstated financial statements that are included in the security's registration statement.Under Section 11,which of the following must be proven by a purchaser of the security?

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A CPA who fraudulently performs an audit of a corporation's financial statements will

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Gold,CPA,rendered an unqualified opinion on the financial statements of Eastern Power Company.Egan purchased Eastern bonds in a public offering subject to the Securities Act of 1933.The registration statement filed with the SEC included the audited financial statements.Gold is being sued by Egan under Section 11 of the Securities Act of 1933 for the misstatements contained in the financial statements.To prevail,Egan must prove

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An auditor can be sued by a third party under statutory law for willful violation of federal statutes.

(True/False)
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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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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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Ocean and Associates,CPAs,audited the financial statements of Drain Corporation.As a result of Ocean's negligence in conducting the audit,a material misstatement in the financial statements went undetected.Ocean was unaware of this fact.The financial statements and Ocean's unqualified opinion were included in a registration statement and prospectus for an initial public offering of stock by Drain.Sharp purchased shares in the offering.Sharp received a copy of the prospectus prior to the purchase but did not read it.The shares declined in value as a result of the misstatements in Drain's financial statements becoming known.Under which of the following acts is Sharp most likely to prevail in a lawsuit against Ocean?

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In a common law action against an accountant in a state following the Ultramares doctrine,lack of privity is a viable defense if the plaintiff

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