Final Study Deck Flashcards

1
Q

Ethical Egoism

A

The right action is what is best for the individual person in the long run.

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2
Q

Deontological Ethics

A

Act in such a way as you can will that everyone else should act

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3
Q

Intuitionism

A

Ethical principles are like axioms in mathematics: they are true but cannot be proved.

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4
Q

Biblical Ethics

A

Love God and love your neighbor

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5
Q

Utilitarianism

A

The right action is the one that produces the largest net amount of happiness to everyone involved.

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6
Q

Virtue Ethics

A

The individual’s good; the good life; the life well lived. Driven by Virtue.

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7
Q

Emotivism

A

The rule cannot be proved, they are not the same for every individual. Driven by emotion.

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8
Q

Why is Ethics in the traditional sense is not possible for materialist?

A

They believe that human beings are complex machines.

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9
Q

Constitutional Law

A

Defines the power of the government and rights of the citizens on the Federal, State levels

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10
Q

Statute Law

A

Law passed by a legislative body

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11
Q

Common Law

A

Law based on previous court decisions

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12
Q

Equity

A

Restraining order to prevent a harm from taking place

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13
Q

Administrative Law

A

Regulations created by an agency that was created by a legislative body.

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14
Q

Criminal Law

A

Law that prescribes the penalty for theft.

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15
Q

Negligence

A

Failure to perform at the state of the art

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16
Q

Gross Negligence

A

Punitive (exemplary) damages. Act with disregard to other people’s safety. (ford pinto)

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17
Q

Contributory Negligence

A

Failure to use a product in a reasonably safe manner.

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18
Q

Strict Liability

A

The failure of a product to perform in a reasonably safe manner.

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19
Q

Breach of Warranty

A

Expressed warranty or Implied warranty that a product will perform in ordinary way

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20
Q

What are the three main answers to “what is ethics about?”

A

1) Virtue
2) Rules
3) Results

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21
Q

Summun bonum means

A

the highest good

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22
Q

4 Cardinal Virtues

A

Prudence, Justice, Temperance, and Fortitude

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23
Q

Compensatory damages

A

to compensate for plaintiff’s injuries

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24
Q

Punitive Damages

A

to punish manufacturer for reprehensible behavior.

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25
Q

Five elements of a contract

A

1) Competent Parties
2) Agreement: 2 sides
3) Consideration
4) Lawful Purpose
5) Form

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26
Q

Three Stages of Contract Completion

A

1) Executory - neither side performed
2) Partially Executory - only one side performed
3) Executed - both sides performed

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27
Q

Types of bonds

A

1) Bid bond
2) Performance Bond
3) Labor + Material Payment Bond

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28
Q

Types of Payment Arrangements

A

1) Lump-sum contract
2) Cost-plus-percent
3) Cost-plus-fixed-fee
4) Unit-price contract

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29
Q

Types of Construction Supervision

A

1) No Supervision
2) General Supervision
3) Continuous on-site inspection

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30
Q

General Supervision

A

Engineer does periodical inspection and detect obvious errors/major errors. Not responsible for small errors.

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31
Q

Continuous on-site inspection

A

Engineer is required to always be on site when contractor is working and must do continuous inspection. The engineer is responsible for for any of the contractor errors.

32
Q

2 Types of property

A

1) Real Property - land+buildings

2) Personal Property - Everything else

33
Q

2 Types of Personal Property

A

1) Tangible - anything that can be touched

2) Intellectual Property- intangible system of rights

34
Q

4 Types of Intellectual Property

A

1) Patent
2) Copyright
3) Trade Secret
4) Trademark

35
Q

4 Types of Patents

A

1) Utility Patent
2) Design Patent
3) Plant Patents
4) Business Method

36
Q

Utility Patent

A

Most useful to engineers for useful inventions

37
Q

What is a “claim”

A

heart of patents; must be specific statement of invention but not too specific

38
Q

“Shop Rights”

A

When inventor uses company facility to invent something that is not in contract. Inventor keeps patent, but company gets free license to use invention.

39
Q

Copyrights

A

Applies to an expression of an idea such as articles, books, art.

40
Q

“Work made for hire”

A

Usually copyrights go to employer because they hired person to right.

41
Q

4 Factors for Fair Use of Copyright material

A

1) Purpose
2) Nature of the copyright work
3) Proportion of whole work used
4) Effect on market for original work

42
Q

Trade Secret

A

Invention can be patented or kept a secret. The secret allows company to keep monopoly in market place as long as they want.

43
Q

Trademarks

A

A company has the right to profit from its good reputation

44
Q

Genericide

A

loss of trademark b/c have become generic product name (ex: Aspirin)

45
Q

Fraud

A

lying about a product/design

46
Q

Question to evaluate contract performance

A

did you really do as promised?

47
Q

Warranty

A

A promise of future performance of a product. Can be expressed or implied.

48
Q

Ways to modify contracts

A

1) Renunciation
2) Accord+Satisfaction
3) Novation
4) Arbitration

49
Q

Renunciation

A

Parties all agree to terminate contract, may replace with new

50
Q

Accord+Satisfaction

A

Settle out of court; a special case of replacing original contract.

51
Q

Novation

A

Replacing one of the parties to the contract

52
Q

Arbitration

A

Submitting a dispute to an impartial third party

53
Q

5 Elements of Fraud

all must be present to constitute fraud

A

1) False Representation
2) False Representation of a Material Fact
3) Made with Intent that it will be relied on
4) Reliance on Misrepresentation
5) Reliance on Misrepresentation to their Detriment

54
Q

Express Warranties

A

Usually written, but can be oral promise or description on product.

55
Q

Fraud vs. Breach of Warranty

A

Fraud refers to current condition and warranty refers to promise of future performance

56
Q

2 Functions of NSPE Code

A

1) Enables profession to police itself

2) Declares to public the expectations of profession’s members

57
Q

1st Fundamental Canon

A

Engineers shall hold paramount the safety, health and welfare of the public

58
Q

Whistle-blowing

A

When product will be unacceptably harmful to the public the engineer has the obligation to speak up

59
Q

Whistle-blowing steps

A

Try to resolve at lowest level possible. If can’t then follow the chain of command till resolved.

60
Q

2nd Fundamental Canon

A

Engineers shall perform services only in areas of their competence

61
Q

3rd Fundamental Canon

A

Engineers shall issue public statements only in an objective & truthful manner

62
Q

4th Fundamental Canon

A

Engineer’s shall act for each employer or client as faithful agents.

63
Q

5th Fundamental Canon

A

Engineers shall avoid deceptive acts

64
Q

6th Fundamental Canon

A

Engineers shall conduct themselves honorably, responsibly, ethically, and lawfully.

65
Q

Sustainable Development

A

Economical development that improves living standards and helps to eradicate the poor

66
Q

Triple Bottom Line

A

3 E’s: Environment, Equity, and Economics

67
Q

Green buildings

A

Environmentally responsible, profitable, and healthy place to live and work.

68
Q

Sustainable Building

A

No net environmental impact.

69
Q

Slippery Slope

A

Escape, Attack and Peacemaking

70
Q

Peacemaking process (left to right)

A

Overlook, Reconciliation, Negotiation, Mediation, Arbitration, and Accountability.

71
Q

Active Listening requires

A

Waiting, Attending (attention), Clarifying, Reflecting, and Agreeing.

72
Q

Ombudsmen

A

Swedish for “complaint reciever”

73
Q

“PAUSE” stands for

A
Prepare
Affirm Relationship
Understand Interests
Search for Creative Solution
Evaluate Options Objectively + Reasonably
74
Q

Just cause for war

jus in bellum

A

war to acquire resources or territory is unjust.

75
Q

Just conduct in war

jus in bello

A

Targeting civilians is unjust and certain kinds of weapons are unjust such as poison gas.