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- During an embezzlement trial, the plaintiff’s attorney is performing a direct examination of a witness. The attorney asks the witness, “What happened when you asked your supervisor what they knew about the incident?” The witness replies, “my supervisor said that Mr. Smith had embezzled money from the company.” Smith is the sole defendant in the case. Which of the following is the most accurate statement concerning the witness’s response? A. The witness’s response is hearsay, but it is admissible because a hearsay exception applies. B. The witness’s response is not hearsay, and it is admissible. C. The witness’s response is not hearsay, but it is inadmissible because it is unreliable. D. The witness’s response is inadmissible hearsayQ1. To prevail in an action brought under common law, the plaintiff must show all of the following except: (in your response, explain the burdens of proof for a third-party plaintiff under common law). Q2. Kerry CPA is the auditor for Sammy Corp. During the audit, Kerry discovers a material misstatement in Sammy's financial statements. Sammy's management tells Kerry that if the misstatement is corrected or if Kerry issues an opinion that indicates there is a material misstatement, Sammy Corp. will likely have to declare bankruptcy and thousands of employees will lose their jobs. Which of the following statements is true if the misstatement is not corrected and Kerry issues an unqualified opinion on Sammy's financial statements? (in your response, identify the court case that makes Kerry liable to any person who suffered a loss as a result of the fraud).The difference between fraud and errors is: a. the timing of the transaction b. the materiality of the value involved. c. intent of those involved. d. whether it affects owners’ equity or not.
- Case names, written in italics, list the name of a petitioner versus a respondent docket plaintiff versus a defendant case typeTo satisfy the requirements of due process, an agency handling a complaint must generally: Question 37 options: hold a trial within the agency. give notice and hold a hearing. give notice and hold a hearing, but need not hear from witnesses. give sufficient notice before the matter is decided by the agency.Use the following 6-section format for the brief and analysis of federal trade commission v. check investors inc (2007): Support for case: https://caselaw.findlaw.com/court/us-3rd-circuit/1325043.html What should be included: Case Citation Statement of Facts Issue (Question) Rule (Statement of the Law) Application Conclusion
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