Exam 5: Legal Liability

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Distinguish between "joint and several liability" and "separate and proportionate liability."

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One of the changes in auditing procedure which was brought about as a result of the 1136 Tenants case was that auditors were encouraged to begin using:

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Which of the following most accurately describes fraud?

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A third-party beneficiary is one which:

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When performing an audit the CPA is required to:

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The United States Supreme Court has ruled that outside professionals such as accountants who don't help run corrupt businesses cannot be sued under the provisions of the Foreign Corrupt Practices Act.

(True/False)
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The assessment against a defendant of that portion of the damage caused by the defendant's negligence is called:

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The restatement of torts approach to the concept of foreseen users states that any users that the auditor should have reasonably been able to foresee as being likely users of financial statements have the same rights as those with privity of contract.

(True/False)
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Under the Securities Exchange Act of 1934, which type of organization is required to submit audited financial statements to the SEC?

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Several states have statutes that permit privileged communication between the client and auditor, allowing a CPA to refuse to testify in state and federal courts.

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One result from the Escott et al. v. Bar Chris case was a greater emphasis being placed on audit staff understanding the client's business and industry.

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The Securities and Exchange Commission has authority to:

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The Private Securities Litigation Reform Act of 1995 capped damage awards against auditors to the amount of the audit fees charged.

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Under the federal securities acts, one significant result occurring directly due to the Escott et al. v. Bar Chris Construction Corporation case was that SAS was changed to require:

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Companies with securities traded on national and over-the-counter exchanges are required to submit audited financial statements once every three years to the Securities and Exchange Commission.

(True/False)
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Which of the following most accurately describes constructive fraud?

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A CPA is subject to criminal liability if the CPA:

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Define ordinary negligence, gross negligence, and constructive fraud.

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Which of the following auditor's defenses usually means non-reliance on the financial statements by the user?

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Privity of contract exists between:

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