CRM 200 Lecture Notes - Lecture 2: Condom, Indian Reserve, Child Sexual Abuse

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5 Mar 2018

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Legal certainty (vagueness) & contempt of court 1. Strict construction of the criminal law 2. Purposive construction of the criminal law 2. Territorial and aged based restriction on cc application 4. Policy elements in the definition of actus reus 5. The coincidence of the actus reus and mens rea 6. How to answer fact pattern questions 8. Section 9 ccc: no person shall be convicted of an offence at common law, exception: contempt of court. For this to be considered an offence, parliament would need to write it in, not something the court could decide. United nurses of alberta v alberta (attorney general) (1992: nurses went on strike despite knowing that they were forbidden to do so, a crime does not need to be codified in the code to have authority in. R v. k. (b. ) (1995: co(cid:374)te(cid:373)pt of (cid:272)ou(cid:396)t (cid:449)as a (cid:448)iolatio(cid:374) of his cha(cid:396)te(cid:396) rights as he (cid:449)as(cid:374)"t a(cid:271)le to consult council.

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4â28. Multiple Choice Questions
Select the best answer for each of the following questions and explain the reasons for your
choice.
a. If a CPA performs an audit recklessly, the CPA will be liable to third parties who were
unknown and not foreseeable to the CPA for:
(1) Strict liability for all damages incurred.
(2) Gross negligence.

(3) Either ordinary or gross negligence.
(4) Breach of contract.
b. Which of the following approaches to auditorsâ liability is least desirable from the CPAâs
perspective?
(1) The Ultramares approach.
(2) The Rosenblum approach.
(3) The Restatement of Torts approach.
(4) The Foreseen User approach.
c. In cases of breach of contract, plaintiffs generally have to prove all of the following,
except:
(1) The CPAs had a duty.
(2) The CPAs made a false statement.
(3) The client incurred losses related to the CPAsâ performance.
(4) The CPAs breached their duty.
d. If the CPAs provided negligent tax advice to a public company, the client would bring suit
under:
(1) The Securities Act of 1933.
(2) The Securities Exchange Act of 1934.
(3) The federal income tax law.
(4) Common law.
e. Which of the following cases reaffi rmed the principles in the Ultramares case?
(1) Credit Alliance Corp. v. Arthur Andersen & Co.
(2) Rosenblum v. Adler.
(3) Ernst & Ernst v. Hochfelder.
(4) Escott v. BarChris Construction Corporation.
f. Under common law, the CPAs who were negligent may mitigate some damages to a client
by proving:
(1) Contributory negligence.
(2) The CPAsâ fee was not material.
(3) The CPAs were not competent to accept the engagement.
(4) The CPAsâ negligence was caused by the fact that they had too much work.
g. Under the Securities and Exchange Act of 1934, auditors and other defendants are faced
with:
(1) Joint liability.
(2) Joint and several liability.
(3) Proportionate liability.
(4) Limited liability.
h. A CPA issued an unqualifi ed opinion on the fi nancial statements of a company that
sold common stock in a public offering subject to the Securities Act of 1933. Based on
a misstatement in the fi nancial statements, the CPA is being sued by an investor who
purchased shares of this public offering. Which of the following represents a viable
defense?
(1) The investor has not proved fraud or negligence by the CPA.
(2) The investor did not actually rely upon the false statement.
(3) The CPA detected the false statement after the audit date.
(4) The false statement is immaterial in the overall context of the fi nancial statements.
i. Which of the following elements is most frequently necessary to hold a CPA liable to a
client?
(1) Acted with scienter or guilty knowledge.
(2) Was not independent of the client.
(3) Failed to exercise due care.
(4) Did not use an engagement letter.

j. Which statement best expresses the factors that purchasers of securities registered under
the Securities Act of 1933 need to prove to recover losses from the auditors?
(1) The purchasers of securities must prove ordinary negligence by the auditors and reliance
on the audited fi nancial statements.
(2) The purchasers of securities must prove that the fi nancial statements were misleading
and that they relied on them to purchase the securities.
(3) The purchasers of securities must prove that the fi nancial statements were misleading;
then, the burden of proof is shifted to the auditors to show that the audit was
performed with âdue diligence.â
(4) The purchasers of securities must prove that the fi nancial statements were misleading
and the auditors were negligent.
k. The most signifi cant result of the Continental Vending case was that it:
(1) Created a more general awareness of the possibility of auditor criminal prosecution.
(2) Extended the auditorâs responsibility to all information included in registration
statements.
(3) Defi ned the CPAâs responsibilities for unaudited fi nancial statements.
(4) Established a precedent for auditors being held liable to third parties under common
law for ordinary negligence.
l. The 1136 Tenantsâ case was important because of its emphasis upon the legal liability of
the CPA when associated with:
(1) A review of annual statements.
(2) Unaudited fi nancial statements.
(3) An audit resulting in a disclaimer of opinion.
(4) Letters for underwriters.

pucebuffalo725

1. Whistleblowing in the private employment sector in the United States typically is

Not protected by a uniform federal law

Protected under some state whistleblower protection statutes

Usually protected by the law if the disclosure is made to the media since the disclosure will be widespread and thus do the most good

Never required morally pursuant to Kantian ethics since the consequences for the whistleblowing employees usually are harsh, for example, loss of employment.

2. Advocate Antonio believes that corporations should not only be held accountable for their financial states, but also for some level of charitable and community and civic involvement. Antonio's beliefs would most likely be defined as:

A code of ethics

A social responsibility view

A corporate moral audit

A distributive justice legal theory.

3. What did Kant mean by the "Categorical" part to his Categorical Imperative?

You must act legally, period, because the "law is the law."

You and your company must act in a socially responsible manner if you and your company want to be placed in the "good corporate citizen" category.

You must act morally if the consequences are definitely good for you and your firm.

You must act morally based on what your reason informs you is the supreme ethical principle and the correct moral course of action regardless of consequences.

4. As to why a company should be a socially responsible one and get involved in civic and charitable affairs, Socrates would likely argue:

Justice is the will of the stronger.

Money comes from virtue.

Ignorance of the law is no excuse.

Virtue comes from money.

5. Happy Feet manufactures shoes in Country Y for sale in the United States. Happy Feet's president discovers that the Country Y workers' average age is sixteen and that they work on average of 13.2 hours per day in a 90 degree warehouse with insufficient safety precautions, all of which practices are legal in Country Y. The president of Happy Feet decides to improve the working hours and conditions of the company's workforce, even though these actions will be more expensive for the company. The president's decision is best described as

Lawful profit maximization

Moral profit-making

Illegal since the shareholders of Happy Feet might be harmed

Social Darwinism.

6. Which of the following statements is most accurate?

Morals are legal minimums.

Morals are legal maximums.

Laws are moral minimums.

Laws are moral maximums.

7. International Sales Corporation, like other business, has enforceable duties prescribed by

Ethics and the law

Ethics only

Neither ethics nor the law

The law only

8. Which is an accurate statement about the modern business corporation|

The corporation, once approved by the state and given a corporate charter, is a legal actor and artificial "person" endowed with legal and certain constitutional rights.

According to the traditional, conservative, Milton Friedman, organizational view of the corporation, it is only a legal actor and has no moral or social responsibility and just must obey the law and pay taxes.

A true corporate code of ethics today must have some provisions that go "above and beyond" the law; that is, an ethics code cannot be a mere "restatement" of the law.

All of the above.

9. A problem with the Last Resort principle when applied to business is:

Does business have the capability to help and to aid the community and local charities?

Is business the last real alternative to help and to aid the community and local charities?:

Are there potential legal liability issues for helping, aiding, and rescuing?

All of the above.

10. A spray paint company discovers that its products are being misused by children and young people, who get "high" sniffing the fumes. There are no warning labels on the spray paint cans. The company would be best deemed to have what type(s) of obligation and duty to take steps to protect children and young people?

An ethical obligation but not a legal duty

A legal obligation but not an ethical obligation

Both an ethical obligation and a legal duty

Neither an ethical obligation nor a legal duty.

fuchsiagrasshopper869

There are sometimes conflicts within the same code, between the code and the __________ and between the code and a counselor's value system.

		Judgment
		Ethics
		Law
		Value

2 points

Question 2

Section A of the ACA Code of Ethics highlights important issues within the __________________________________.

		Privacy Act
		Confidentiality Act
		Professional's Responsibility
		Counseling relationship

2 points

Question 3

______________________ in a code sometimes lag behind the values of society and of professional associations.

		Laws
		Attitudes
		Values
		Beliefs

2 points

Question 4

Which section was added to the latest edition of the ACA Code of Ethics (2014)?

		Resolving Ethical Issues
		Advocacy and Social Justice
		Distance Counseling, Technology, and Social Media
		Research and Publication

2 points

Question 5

Which of the following is not one of the ethical "hot spots" identified in this chapter?

		Gatekeeping
		Social and Cultural Issues
		Informed Consent
		Technology

2 points

Question 6

Which of the following is not a type of ethical decision-making model discussed in the text?

		Problem-solving model
		Advocacy model
		Social constructivist model
		Developmental model

2 points

Question 7

_______________ has to do with protecting the independences, self-determination and freedom of choice for client.

		Nonmaleficence
		Beneficence
		Justice
		Autonomy

2 points

Question 8

People who have this view of the world, see things in black and white, are very concrete, rigid, and authoritarian.

		Dualistic
		Modern
		Post-modern
		Flexible

2 points

Question 9

Which section of the ACA Ethical Code (2014) offers guidelines on how to report an ethical violation?

		Section B
		Section I
		Section E
		Section A

2 points

Question 10

.__________ is the responsibility under the law for a violation of federal or state criminal statute.

		Beneficence
		Nonmaleficence
		Civil liability
		Criminal liability

2 points

Question 11

To prove that they are following the best practices of their professions, counselors should:

		Know relevant laws
		Maintain good records
		Stay professional with clients
		All of the above.

2 points

Question 12

______________ is the most rigorous form of credentialing.

		Accreditation
		Licensure
		Certification
		Registration

2 points

Question 13

Theories help counselors and other helping professionals in the following way(s):

		conceptualizing clients' problems
		necessary to become a licensed psychotherapist
		offer specific techniques to apply
		both a and c

2 points

Question 14

What is a paradigm shift?

		A change like a universe.
		A change in the way information is perceived.
		A change in theory.
		A change in human nature.

2 points

Question 15

Do psychodynamic theories consider which of the following to be important in understanding a person's functioning?

		Child-rearing practices
		The unconscious and conscious
		Examining the past
		All of the above

2 points

Question 16

Sigmund Freud was trained as a:

		Physician
		Counselor
		Caseworker
		Social worker

2 points

Question 17

Freud believed that there are ____________ structures that make up personality.

		1
		2
		3
		4

2 points

Question 18

Freud, and later his daughter Anna Freud, identified a number of _______________ that help people to cope with anxiety.

		Defense skills
		Coping mechanisms
		Coping skills
		Defense mechanisms

2 points

Question 19

___________ believed that each of us has a unique psychological type which includes the attitudes of extraversion and introversion.

		Freud
		Rogers
		Jung
		Cattell

2 points

Question 20

_______________________ believed that every child was born with innate and unique capabilities and is inherently moving toard the future, not determined by the past.

		Adler
		Freud
		Rogers
		Jung

2 points

Question 21

Existential-humanistic approaches embrace a phenomenological perspective, stressing all but which of the following?

		The subjective reality of the client
		the role of the unconscious
		How the counselor uses his or her personal qualities in counseling
		the importance of consciousness and/or awareness

2 points

Question 22

Although Ludwig Binswanger is generally acknowledged as being the first existential therapist, who is seen as the person who popularized this approach through "logotherapy"?

		Irvin Yalom
		Carl Rogers
		Alfred Adler
		Viktor Frankl

2 points

Question 23

____________________ developed client-centered therapy.

		Carl Jung
		Viktor Frankl
		Carl Rogers
		Ludwig Binswanger

2 points

Question 24

Today, most Gestalt therapists believe that from birth, the individual is in a constant state of ______________ through a process of need identification and need-fulfillment.

		Self-regulation
		Self-actualization
		Existential crisis
		Emotional distress

2 points

Question 25

This therapy was developed by Albert Ellis during the 1950s.

		Psychodynamic therapy
		Behavioral therapy
		Cognitive therapy
		Rational emotive therapy

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CRM 200 Lecture Notes - Lecture 2: Condom, Indian Reserve, Child Sexual Abuse

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