Exam 4: Professional Legal Liability

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Professional auditing standards and financial accounting principles are used by courts as criteria for determining an auditor's duty not to be negligent.

(True/False)
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Which of the following may an auditor use as a defense under the Securities Act of 1933?

(Multiple Choice)
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Both the 1933 and 1934 Securities Acts and the Sarbanes-Oxley Act of 2002 provide for criminal actions against auditors.

(True/False)
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A jury has determined that Jason Pruitt,CPA,is 20% at fault for losses suffered by investors who relied on materially misstated financial statements.The jury found that Pruitt's co-defendants,the client company and the company's CEO,are each 40% at fault.The company is bankrupt,and only Pruitt and the CEO have adequate resources to pay damages.Under joint and several liability,what is the likely percentage of damages that Pruitt will pay?

(Multiple Choice)
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Generally,auditors can be sued for breach of contract by which of the following parties?

(Multiple Choice)
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Auditors can be held liable to third parties for fraud,but not for ordinary or gross negligence.

(True/False)
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The occurrence of an important event,such as a change in auditors,is reported to the SEC by filing Form 8-K.

(True/False)
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Which of the following statements regarding liability doctrines is not true?

(Multiple Choice)
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Auditor Defenses to Breach of Contract Suits A client seeking to recover damages from an auditor for breach of contract in an action based on negligence must show that the auditor had a duty not to be negligent.Identify at least three defenses an auditor can use against a breach of contract lawsuit.

(Essay)
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To win a lawsuit against an auditor,third parties generally have to prove which of the following?

(Multiple Choice)
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Fraud occurs when there is an intentional concealment or an unintentional misrepresentation of a material fact that causes damage to those deceived.

(True/False)
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Which of the following is not a potential cause for action against the auditor for breach of contract?

(Multiple Choice)
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Which is the best definition of scienter?

(Multiple Choice)
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Liability concepts developed through court decisions are referred to as statutory law.

(True/False)
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Which of the following has contributed to a decrease in federal class actions involving audit firms as co-defendants over the last decade?

(Multiple Choice)
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Under common law,liability concepts are developed through court decisions based on ordinary negligence,gross negligence,or fraud.

(True/False)
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Under common law,which of the following is a basis for litigation against an auditor for failure to meet professional standards and responsibilities?

(Multiple Choice)
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Under joint and several liability,users who experience losses from reliance on materially misstated financial statements may recover full damages from any defendant,including the audit firm,regardless of the level of fault for that defendant.

(True/False)
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A tort is a civil wrong,other than a breach of contract,based on ordinary negligence,gross negligence,or fraud.

(True/False)
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Which of the following documents must be filed with the SEC under the Securities Act of 1933 before a company can issue new securities to the public?

(Multiple Choice)
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