1
Q
What are the different types of IP, and what are their durations?
A
- Trademark - 15
- Patent - 20
- Copyright - lifetime +50
- Industrial Design - 10
- Integrated Circuit Topology - 10
- Trade Secret
2
Q
What two documents should an engineer display?
A
- license
- certificate of authorization
3
Q
What are the 5 PEO values?
A
Accountability Respect Integrity Professionalism Teamwork
4
Q
What does PEO regulation 941 detail?
A
- details & guidance for implementation act
- code of ethics
- process of electing council
- license requirements
5
Q
What does PEO regulation 240 detail?
A
Performance standards
6
Q
What are the P.ENG license requirements in Ontario?
A
- 18+
- bachelor’s degree in engineering
- pass the PPE exam
- 4 years experience under a licensed engineer, at least one year in Canada
- good character
- Canadian citizen or permanent resident
7
Q
List the six basic groups or individuals that professional engineers have obligation to under the Code of Ethics and identify which group is considered “paramount”.
A
- duty to society is paramount
- employer
- colleagues
- clients
- profession
- yourself
8
Q
List three disciplinary actions that can be taken under the Professional Engineers Act
A
- Revoke license of member
- Suspend license up to two years
- Impose restrictions on license (supervision inspection)
- Require member to be reprimanded, admonished, counseled and publish details of results, with or without names.
- Require member to pay costs of investigation and hearing
- Require member to undertake course of study or write examinations set by Association
- Have any order that revoke or suspends the license of a member to be published, with or without reasons for decision
- Impose fine
9
Q
What is ethics?
A
- fundaemental principles shared by everyone
- if your decisions will benefit some more than others, the decision involved ethics
10
Q
What are the duties of an engineer?
A
- ensure safety
- act legally
- duty to inform
- protect oneself
protect one’s work - safe working conditions
- leadership
- quality management
- culture
- sustainability
11
Q
What are the 4 principles of justice?
A
- procedural (fairness in decision making)
- corrective (criminal, tort, disciplinary)
- distributive (share costs & benefits)
- political (fairness of power)
12
Q
What are the 4 aspects of organizational culture?
A
- individual characteristics
- motivation
- group/intergroup dynamics
- leadership
13
Q
What are the different types of engineering licenses?
A
- full
- temporary (project basis, up to 12 months)
- provisional (lacks experience in Canada)
- limited (3 yr diploma, 8 yrs experience)
14
Q
What are the requirements for a technician license?
A
2 yr diploma + 2 yr experience
15
Q
What are the requirements for a technologist license?
A
3 yr diploma + 2 yr experience
16
Q
What is the PEO disciplinary process?
A
- complaint filed
- collect evidence
- investigation (complaints committee)
- hearing (discipline committee)
17
Q
What are the main engineering conflicts?
A
- employer authority
- technical conflicts
- legal conflicts
- ethical conflicts
- conflict of conscience
18
Q
When does software engineering fall under professional engineering?
A
- Software used in engineering product
- use poses risk to life, health, welfare
- requires applications of professional engineering principles
19
Q
What are the requirements to be a consulting engineer?
A
- 5 years experience including 2 yrs independent work
- license
- certificate of authorization
- technical competence, business & leadership skills
20
Q
What are the three types of reviews?
A
- regulatory review (are you complying to standards/codes)
- technical review (does design meet requirements)
- practice review (was the work done well - documentation, project management, quality control, etc.)
21
Q
How can you prevent harassment
A
dont be a slut
dont be alone
he just needs to work on his leadership skills, you’re overreacting
22
Q
What are the requirements to terminate an employee with cause?
A
- give due process, document actions
- cause for termination (incompetence, neglect, etc.)
23
Q
What are the requirements to terminate an employee without cause?
A
Termination pay: 1 wk/yr of service, max 8 wk
Severance pay (if worked >5 yrs, payroll >=$2.5M
- legally: 1wk/yr, max 26 wks
- reasonable: 1mo/yr, max 18 mos
24
Q
What are the three branches of the Canadian legal system?
A
- executive
- legislative (parliament)
- judicial
25
What is the requirement for an engineer to have liability insurance?
Must obtain insurance if offering services to public, or disclose to
client if not possessing insurance
– Employees are insured by employers (but not always)
26
What are the 5 underlying principles of the PE act?
1. professional privilege
2. reliance on judgement
3. forseeable danger
4. economic loss
5. negligence
27
In tort law, what must the plaintiff prove?
That the defendent...
1. owed a duty of care
2. breached that duty
3. breach caused injury or loss
28
What are the types of standard of care?
1. product liability
- strict liability --> manufacturer is always liable
2. duty to warn
- product
- workplace
29
What are the different types of liability?
1. concurrent tortfeasors (multiple parties liable)
2. vicarious liability (liable for actions of party that caused the damage)
3. strict liability (fault not necessary to prove liability)
4. inevitable events (not liable if reasonable precautions taken)
5. occupier duty of care (owed by occupier to guests)
30
What interests are protects by tort law?
1. personal
2. property (trespass to goods, land)
3. economic
4. process
5. reputation (defamation, excludes truth/fair comment)
31
Why might risk management fail?
- limited accountability
- resource rationing
- managers downplay risk
- numbers hide assumptions
- bad projects
32
What are the steps of risk management?
1. identify what can go wrong
2. assess risks (prob, magnitude, ease of detection)
3. response plan
4. contingency plan
33
What are the different risk response plans?
- mitigate
- avoid
- transfer
- accept
34
What are the opportunity management actions?
- enhance
- exploit
- share
- accept
- focus
35
What is the basic limitation period under tort law?
2 years from when claimant first knew loss had occurred, or reasonably ought to have know
36
What is the ultimate limitation period under tort law?
15 years
37
When does the limitation period of tort law not run?
- claimant incapable or a minor
| - defendant conceals damage or misleads claimant
38
What are the two components of a claim?
- wrongful conduct
| - resulting damage
39
What are the types of conflict of interest?
actual (already happened)
potential
perceived (mistaken)
40
What is negligence?
The act or omission of the work of a practitioner that constitutes failure to maintain the standards that a reasonable and prudent practitioner would maintain in the circumstances.
41
What is incompetence?
- lack of knowledge, skills, or judgement
- disregard for welfare of the public
- physical/mental disorder
42
What is the objective of the PEO?
- regulate PE and govern it's members
- standard of knowledge & skill
- standard of qualification
- standard of ethics
- raise awareness of organization's purpose
43
What is a profession?
- self-selected, self-disciplined
- possess a special skill, derived from education and training
- exercise the skill primarily in the interest of others
- certified by an organization with legal status
44
What is a professional engineer?
1. act of planning, designing, directing...
2. requiring application of engineering principles...
3. and concerns safeguarding of life, health, property...
45
What documents should be sealed?
Final documents
Not drafts, unless for building permit application
46
What is utilitarianism (Mills)?
greatest net benefit for greatest number of people
47
What is Duty, as defined by Kant?
person has duty to act in way perceived as good will by all
48
What are rights (Locke)?
individuals have right to life, freedom, benefits of their work
49
What is virtue (Aristotle)?
develop character through logic & reason; act in moderation
50
What is the process for resolving ethical dilemmas?
1. identify critical issues
2. define the problem
3. analyze issues
4. make decisions
5. take action
51
What are exceptions for requiring an engineering license?
1. industrial exception (machinery in employer's facility, for production)
2. small building exception
3. architects (PE must provide any PE services)
52
What is the first rule of decision making?
think rationally and with a clear head
53
What type(s) of IP cannot be registered?
trade secrets
copyright can be registered, but doesnt have to be
54
What is distinguishing guise?
Shape of goods or their containers, intended to show they were made by a particular company
55
What are the requirements for a patent?
new
useful
inventive
56
What does an industrial design protect?
appearance only (not how its made or works)
57
Difference between accountability and responsibility?
accountable person decides
| responsible person does
58
What is equity?
value and fairness
59
What are the four primary roles of a leader?
1. create a plan
2. secure commitment
3. ensure works is done
4. achieve outcomes
60
How do you avoid hiring discrimination as a manager?
- create job description based on essential attributes
| - advertise widely
61
What are possible causes for termination?
- incompetence, theft, fraud
- permanent illness
- failure to rehabilitate substance abuse
- willful misconduct/disobedience
- willful neglect of duty
62
What is constructive dismissal?
Employer makes significant change to a fundamental term or condition of an employee's employment without the employee's actual or implied consent ; persuades employee to resign
63
What is a duty of care?
legal obligation, in a particular situation, not to cause harm, show conduct of a reasonable person
64
What level of proof is required in tort law?
prove fault 'on balance of probabilities' (most likely)
65
Under tort law, what is the limitation period for undiscovered environmental claims, family law, sexual assault, and crown recovery of fines/taxes?
No limitation period
66
What is discoverability?
Does sufficient evidence exist to proceed with legal resolution?
67
What is required for an engineer to be an expert witness?
- Practicing in particular field, experienced
- Must have certificate of authorization
- Testimony must be relevant
- compensation not tied to outcome
Software Douchebags
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Decks in class (15)
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