Final Study Deck Flashcards

(75 cards)

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
Five elements of a contract
1) Competent Parties 2) Agreement: 2 sides 3) Consideration 4) Lawful Purpose 5) Form
26
Three Stages of Contract Completion
1) Executory - neither side performed 2) Partially Executory - only one side performed 3) Executed - both sides performed
27
Types of bonds
1) Bid bond 2) Performance Bond 3) Labor + Material Payment Bond
28
Types of Payment Arrangements
1) Lump-sum contract 2) Cost-plus-percent 3) Cost-plus-fixed-fee 4) Unit-price contract
29
Types of Construction Supervision
1) No Supervision 2) General Supervision 3) Continuous on-site inspection
30
General Supervision
Engineer does periodical inspection and detect obvious errors/major errors. Not responsible for small errors.
31
Continuous on-site inspection
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
2 Types of property
1) Real Property - land+buildings | 2) Personal Property - Everything else
33
2 Types of Personal Property
1) Tangible - anything that can be touched | 2) Intellectual Property- intangible system of rights
34
4 Types of Intellectual Property
1) Patent 2) Copyright 3) Trade Secret 4) Trademark
35
4 Types of Patents
1) Utility Patent 2) Design Patent 3) Plant Patents 4) Business Method
36
Utility Patent
Most useful to engineers for useful inventions
37
What is a "claim"
heart of patents; must be specific statement of invention but not too specific
38
"Shop Rights"
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
Copyrights
Applies to an expression of an idea such as articles, books, art.
40
"Work made for hire"
Usually copyrights go to employer because they hired person to right.
41
4 Factors for Fair Use of Copyright material
1) Purpose 2) Nature of the copyright work 3) Proportion of whole work used 4) Effect on market for original work
42
Trade Secret
Invention can be patented or kept a secret. The secret allows company to keep monopoly in market place as long as they want.
43
Trademarks
A company has the right to profit from its good reputation
44
Genericide
loss of trademark b/c have become generic product name (ex: Aspirin)
45
Fraud
lying about a product/design
46
Question to evaluate contract performance
did you really do as promised?
47
Warranty
A promise of future performance of a product. Can be expressed or implied.
48
Ways to modify contracts
1) Renunciation 2) Accord+Satisfaction 3) Novation 4) Arbitration
49
Renunciation
Parties all agree to terminate contract, may replace with new
50
Accord+Satisfaction
Settle out of court; a special case of replacing original contract.
51
Novation
Replacing one of the parties to the contract
52
Arbitration
Submitting a dispute to an impartial third party
53
5 Elements of Fraud | all must be present to constitute fraud
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
Express Warranties
Usually written, but can be oral promise or description on product.
55
Fraud vs. Breach of Warranty
Fraud refers to current condition and warranty refers to promise of future performance
56
2 Functions of NSPE Code
1) Enables profession to police itself | 2) Declares to public the expectations of profession's members
57
1st Fundamental Canon
Engineers shall hold paramount the safety, health and welfare of the public
58
Whistle-blowing
When product will be unacceptably harmful to the public the engineer has the obligation to speak up
59
Whistle-blowing steps
Try to resolve at lowest level possible. If can't then follow the chain of command till resolved.
60
2nd Fundamental Canon
Engineers shall perform services only in areas of their competence
61
3rd Fundamental Canon
Engineers shall issue public statements only in an objective & truthful manner
62
4th Fundamental Canon
Engineer's shall act for each employer or client as faithful agents.
63
5th Fundamental Canon
Engineers shall avoid deceptive acts
64
6th Fundamental Canon
Engineers shall conduct themselves honorably, responsibly, ethically, and lawfully.
65
Sustainable Development
Economical development that improves living standards and helps to eradicate the poor
66
Triple Bottom Line
3 E's: Environment, Equity, and Economics
67
Green buildings
Environmentally responsible, profitable, and healthy place to live and work.
68
Sustainable Building
No net environmental impact.
69
Slippery Slope
Escape, Attack and Peacemaking
70
Peacemaking process (left to right)
Overlook, Reconciliation, Negotiation, Mediation, Arbitration, and Accountability.
71
Active Listening requires
Waiting, Attending (attention), Clarifying, Reflecting, and Agreeing.
72
Ombudsmen
Swedish for "complaint reciever"
73
"PAUSE" stands for
``` Prepare Affirm Relationship Understand Interests Search for Creative Solution Evaluate Options Objectively + Reasonably ```
74
Just cause for war | jus in bellum
war to acquire resources or territory is unjust.
75
Just conduct in war | jus in bello
Targeting civilians is unjust and certain kinds of weapons are unjust such as poison gas.