Exam 2012, questions and answers PDF

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Name: _________________________ TA: _________________________

Student #: __________________ Tutorial day & time: __________________

Simon Fraser University ENSC 406 – Spring 2012 – Craig Scratchley 406 Midterm Exam – variant 3

ANSWER KEY Instructions 1. 2.

Do not open the exam until you are instructed to do so. This is a closed book, card-free exam. ! You are only permitted to have writing instruments (including a ruler) at your desk. ! All electronic devices, bags, coats, jackets, hats, books, ethics cards, binders, papers, pencil cases, etc. must be placed at the front of the lecture hall. We will inform you of the passage of time. Make sure anything that can make noise, such as a cell phone, is turned off.

3. 4.

Fill in all the information required at the top of the page. Using a dark pencil, fill in your name and student ID on the computer answer sheet. Also, enter “D100” under “SECTION” and “0003” under “SPECIAL CODE”. If you need to use the washroom, get permission from the instructor or a TA. In accordance with the Academic Honesty Policy (T10.02), academic dishonesty in any form will not be tolerated. Prohibited acts include but are not limited to the following:

5. 6.

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making use of any books, papers, electronic devices or memoranda, other than those authorized by the examiners.

speaking or communicating with other students who are writing examinations. copying from the work of other candidates or purposely exposing written papers to the view of other candidates. Please keep in mind that academic honesty requires not only that you avoid looking at anyone else’s work but that you protect your work from the eyes of others. 7. You have 100 minutes to complete the exam. Make sure your pencil/pen is down at the end of the exam. 8. Answer each of the following multiple-choice questions and do both Case Study essay questions. Circle your choice for each multiple-choice question on these pages (adding rationale if you want) and eventually fill in your computer answer sheet using a dark pencil. 9. When you are finished with the exam, make sure you have signed below and hand in these exam pages as well as the computer sheet. 10. You may be penalized for failing to follow these instructions. ! !

*** 41 multiple choice questions (1 mark each) and 2 case study essays (15 marks each) for 71 total marks ***

I understand the above information and instructions. Signature: _________________________

Public Interest Know Your Limits Don't Fake It Conflict of Interest Respect Your Value

Lifelong Learning Do Unto Others… Stand Your Ground Be Brave Spread The Word

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When answering the multiple-choice questions, choose the best, most inclusive answer that is correct. 1. Which of the following is NOT part of the common virtues? a. Truth and Fairness b. Forethought and practicality c. Benevolence d. Temperance e. Control towards attraction 2. Which option best describes a Tort? a. Crime committed by one person against another, cannot be redressed through damages b. Crime committed by one person against another, is breach of contract, can be redressed through damages c. Wrong committed by one person against another, not a crime, not a breach of contract d. Wrong committed by one person against another, is a crime, and can be redressed through damages e. Wrong committed by one person against another, not a crime, and cannot be redressed through damages 3. The Solomon Problem describes which of the below? a. Obligation to do good outweighs the obligation to avoid what is bad b. Interior Intention is always more important than Exterior Action regardless of circumstance c. Exterior Action is always more important than Interior Intention regardless of circumstance d. Obligation to avoid what is bad outweighs obligation to do what is good e. One must always find a Golden Mean, to an ethical problem they encounter 4. Acts passed by legislature are known as: a. Common Law b. Patents c. Statutes d. Standard of Care e. None of the above is correct 5. Which of the following is NOT an element of Negligence (choose the most-inclusive correct answer)? a. Defendant owed plaintiff a duty of care b. Defendant owed plaintiff a duty to warn c. Defendant's breach caused injury to the plaintiff d. Defendant breached duty through action or inaction below standard of care e. Options a. and d. are both NOT elements of Negligence 6. Temperance and Fortitude relate BEST to which of the following: a. Emotions b. Habits c. Will d. Mind e. Solomon Problem

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7. Mutual consideration, lawful purpose, and intention to create mutual obligations are all elements of which of the following (choose the most-inclusive correct answer): a. APEGBC Code b. Contract c. Standard of Care d. Tort e. Options b. and d. are both correct 8. What does APEGBC stand for? a. Academy of Professional Engineers and Geoscientists of British Columbia b. Ad-hoc Professional Engineers Group in British Columbia c. Associate Parliamentary Engineering Group in British Columbia d. Association of Professional Engineers and Geoscientists of British Columbia e. None of the above 9. Which of the below IS included in factors for reasonable notice of termination: a. Wrongful dismissal claims b. Insubordination c. Character of employment d. Incompetence e. All of the above 10. Which of the following is NOT a component of the psyche? a. Mind b. Intuition c. Emotion d. Will e. Both options b. and c. are NOT components of the psyche 11. Unlimited liability, management decisions not shared, and minimal regulations are all specifically part of which of the following? a. Partnership b. Trusts c. Sole Proprietorship d. Corporation e. Options b. and c. are both correct. 12. The idea of circumstance as it appears in the textbook, relates to which of the following: a. Affects how good or bad an action is b. Deals with a higher standard of behaviour c. Deals with moral responsibility d. All of the above e. None of the above 13. "Acquisition of all the assets of the corporation". Which of the options below best describe this statement? a. Share Deal b. Asset Deal c. Stock Deal d. Asset Sale

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e. Hostile takeover 14. Negligence is what type of the below: a. Intentional Tort b. Federal Statute c. Unintentional Tort d. Provincial Statute e. Common Law 15. Which of the below is NOT one of the 4 main Employment Statues? a. Labour Relations Code b. Ethnic Diversity Code c. Human Rights Code d. Employment Standards Act e. Workers Compensation Act 16. According to the APEGBC code of ethics, which ONE is the most important (if any): a. Public Interest b. Know your limits c. Lifelong learning d. Do unto others... e. None of the above is the most important 17. Fiduciary Duty falls under which one of the following? a. Duty of Confidentiality b. Duty of Good Faith c. Duty to Warn d. Statues e. Common Law 18. Harm from deception involves which one of the below? a. Scandal b. Whistleblowing c. Slander d. Gossip e. All of the above 19. Which one of the components below is included in the Equation of Net Goodness? a. Virtues b. Importance c. Truth d. Moral obligation e. Circumstance 20. "We disapprove of the injustice, however our actions provide something necessary for the evil to occur". Which of the below best describes this statement? a. Immediate Material Cooperation b. Mediate Material Cooperation c. Dissociative Material Cooperation

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d. Formal Cooperation e. Options a. and b. 21. Which of the below IS a component of Moral Responsibility? a. Lack of Responsibility b. Lack of Knowledge c. Lack of Disapproval d. Lack of Trust e. All of the above. 22. Out of all the virtues, which one is ranked the highest? a. Benevolence b. Fortitude c. Justice d. Prudence e. Temperance 23. "You observe your immediate manager make a decision which clearly threatens public safety and which you believe to be an unethical decision. First, you talk to your immediate manager about your concerns, but he/she dismisses them as unimportant. You then decide to go directly to senior management with your concerns." Which of the following best describes the action of 'going over your manager's head' and reporting this issue to senior management? a. Unintentional Tort b. “Do unto others…” principle from the APEGBC Code of Ethics c. Moral Responsibility d. Interior Intention vs. Exterior Actions e. Whistleblowing 24. "Harm from withholding truth" is the definition of which of the following? a. Mental Deception b. Mental Reservation c. Psychological Deception d. Psychological Reservation e. Options b. and d. are both correct 25. With regards to Intellectual Property, given that you own something, which from the list below is a right you have? a. Enjoy or use it yourself b. Destroy it c. Say who else may use it and how d. Enjoy income from its use e. All of the above

26. The B.C. Government delegates responsibility to APEGBC via: a. Common Law b. The BC Provincial Ombudsman c. The British North America Act d. The Engineers & Geoscientists Act

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e. The Office of the Premier of BC 27. Before applying to APEGBC to become a Professional Engineer, what minimum number of years of satisfactory experience under professional supervision is needed: a. 1 b. 2 c. 3 d. 4 e. 5 28. When applying to APEGBC to become a Professional Engineer, what is the maximum number of months of experience for which you can get credit for doing co-op terms? a. 0 months b. 4 months c. 8 months d. 12 months e. 24 months 29. If you complete a M.A.Sc. degree (thesis-based) in Engineering Science at SFU and then go on to do a Ph.D. in Engineering too, what is the maximum number of months of experience for which you can get credit for doing those degrees when applying to APEGBC to become a Professional Engineer: a. 0 months b. 4 months c. 8 months d. 12 months e. 24 months 30. What form of membership in APEGBC is available to you once you graduate from Engineering at Simon Fraser University but before you have the satisfactory experience [to register as a P.Eng.]: a. Apprentice Engineer (A.Eng.) b. Articling Engineer (A.Eng.) c. Engineer d. Engineer-in-Training (E.I.T.) e. Engineer-Gaining-Experience (E.G.E.) 31. APEGBC typically disciplines members for which of the following (choose the most-inclusive correct answer) a. Being negligent b. Being incompetent c. Having poor conduct d. All of the above e. Both b. and c. 32. What form(s) of discipline has APEGBC imposed in the past (choose the most-inclusive correct answer): a. Revoking registration [license] b. Rewriting of the Professional Practice Exam (PPE) c. Suspension d. All of the above e. Both a. and c. 33. A patent is: a. A decorative feature, such as a design or shape, applied to an object. b. A government-sanctioned monopoly on an invention c. A certificate that you are the owner of a work d. A secret process that it’s owner uses

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e. None of the above. 34. Which of the following can you [NOT] do with a patent on an invention a. Assign the patent b. License the invention for manufacture or use by others c. Manufacture and sell the invention d. Stop others from learning about the invention for 20 years retroactively to the date of filing the application e. Stop others from manufacturing or selling the invention for 20 years retroactively to the date of filing the application 35. How much does it typically cost to get a patent using the services of a company such as Bull, Housser & Tupper? a. $15 - $18 b. $150 - $180 c. $1,500 - $1,800 d. $15,000 - $18,000 e. $150,000 - $180,000 36. Under what situation below is the registration of a Domain Name NOT automatically considered a bad faith registration? a. If you are not sure that you will end up using it (provided a pattern of such conduct) b. If you are primarily planning to resell it. c. If it is to prevent the owner from registering (provided a pattern of such conduct) d. If it is to disrupt a competitor e. If it intentionally attracts users for gain by confusion 37. What does ® mean? a. Registered copyright b. Registered industrial design c. Registered patent d. Registered trade-mark e. Registered trade secret 38. Which of the following is NOT protected by copyright? a. Computer software b. Engineering Drawings c. Industrial Processes d. Plays [Theatrical] e. Songs 39. To establish Primary infringement of copyright on a work, you need to prove all of the following except: a. Access b. Knowledge c. Ownership d. The copying was substantial e. Actually, you need to prove all of the above.

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40. For a song protected by copyright, and for which you have not obtained permission, in which case would you likely be infringing on copyright: a. Criticism b. Performance c. Private Study d. Review e. Research 41. To secure protection for a trade secret, which of the following do you NOT need to demonstrate? [except] a. Information was disclosed in circumstances importing an obligation of confidence b. The word “confidential” was on all documents pertaining to the information c. There has been an unauthorized use of the information d. Information has the necessary quality of confidence about it e. Actually, you need to demonstrate ALL of the above

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Case Study A (15 marks) You are the CEO of a start-up company based in Burnaby, named Company X, with 30 employees. Since founding the company two years ago, business has been slow, and your company is in danger of going out of business. The best chance at saving your company is to win a multi-million dollar contract with Company Y. Company Y manufactures flux capacitors, and your company (Company X) would be contracted to construct the anti-vibration units, which allow for the proper operation of the devices. Assume that these flux capacitors are now fully tested and certified, and are not any sort of public safety risk. This is a very large contract, requiring delivery of thousands of units per month. If your company is chosen, your company’s financial success is almost guaranteed for the next five years. You are afraid that Company Y may doubt that your company will be able to scale up its operations in order to supply the required number of units. As CEO, you have excellent knowledge of your company’s capabilities and you are confident that your company can meet this requirement - but given the importance of winning this contract you consider taking extreme measures to win over Company Y’s confidence. Company Y plans a visit next week to inspect your operations and to determine whether or not to award you the contract. You do not have time to hire more employees, but you know that it would be possible to ask some of your friends from SFU Engineering to visit your company for the day. Your idea is to dress them up so that they appear to be employees of Company X, giving Company Y the impression that you have more workers than you really do. You realize that this tactic is a little deceptive, but you know that this tactic has been used by another start-up and you really need this contract. What should you do? (NOTE: a complete answer should include a discussion of the APEG Code of Ethics, and also a discussion of applicable virtues – but these are not the only aspects that you need to discuss. Ignore any legal aspects to this question.) ANSWER: The answer to this question should include at the very least discussion of the virtues and discussion of the APEG BC Code of Ethics. However to gain all 15 points, students are required to draw from their knowledge of the course and discuss ideas using terminology from the concepts discussed in the course material. The total marks awarded for this question were 15. The answer key however contains answers worth 20 point in total. Therefore you only needed to discussion some of the points in the answer key below in order to get the full 15 marks. ‐ TOTAL%3%marks"‐"APEG%#7%and%#4"were"the"main"ones"(i.e."in"CEO"acting"in"good"faith" towards"their"clients"company"Y?)."If"you"mentioned"and"discussed"other"APEGBC"codes,"2" marks"were"awarded."If"the"APEGBC"codes"were"mentioned"without "explanation,"only"1" mark"was"awarded." ‐ TOTAL%4%marks""‐"Virtues%‐"discussion"of"only"3"out"of"the"4"virtues"are"necessary"to"gain"all" 4"marks."(1"mark"per"virtue"+"1"mark"for"a"reasonable"and"clear"explanation)." o Justice"(truth/fairness"‐"CEO"is"violating"this"virtue"since"he"is"lying"to"Company"Y)" o Prudence"(CEO"violated"Prudence"since"lying"may"result"in"negative"consequences" for"the"company"in"the"future"OR"CEO"was"prudent"because"he"carefully"thought" out"the"consequences"of"what"would"happen"if"company"goes"bankrupt.)"" o Temperance"‐"CEO"did"not"demonstrate"temperance"as"he"was"too"attracted"to"the" contract"and"money.""

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o Fortitude"‐"CEO"did"not"demonstrate"fortitude"since"he"did"not"display"the"courage" to"control"his"aversion"and"just"tell"company"Y"the"truth." ‐

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TOTAL%3%marks"‐"Equation%of%Net%Goodness"+"Event%Tree"+"Explanation"of""which"action" would"benefit"your"company"the"most."If"you"have"all"3"components,"full"3"marks"were" awarded."If"the"equation"was"written"out"and"discussed"or"simply"discussed"appropriately" AND"in"sufficient"detail""in"the"form"of"a"paragraph,"full"3"points"were"still"awarded."" TOTAL%2%marks%‐%Factors%that%Limit%Moral%responsibility"(these"don’t"apply"in"the"case" study"–"CEO"has"full"responsibility)."1"mark"for"a"general"discussion"of"Moral"Responsibility," and"1"mark"for"mentioning"the"3"factors"(lack%of%freedom,%lack%of%approval%and%lack%of% knowledge)" TOTAL%1%marks"‐"any"discussion"of"Intention"or"Imprinting"‐"where"the"intention"of"the" CEO"is"clearly"to"deceive"company"Y"OR"intention"of"the"CEO"is"good"since"he"wants"to" save"his"own"company."" TOTAL%2%marks"‐"Come"up"with"a"creative"solution"–"i.e."a"golden"mean."If"a"general" solution"is"given"e.g.""CEO"should"tell"Company"Y"the"truth..."","1"point"was"awarded."The" 2nd"point"was"awarded"if"the"HOW"portion"was"mentioned"e.g.""CEO"can"prove"to" company"Y"that"a"similar"quantity"contract"was"completed"previously""or""CEO"can"hire"x" new"employees"and"prove"too"company"Y"that"the"job"will"be"completed"on"time"." Possible%2%marks"‐"Mention"(1"mark)"+"Discuss"(1"mark)"the"Solomon%Problem%‐"Obligation" to"avoid"what"is"bad"outweighs"the"obligation"to"do"what"is"good."Students"can"discuss"it" either"way"they"seem"appropriate"to"get"the"full"2"marks:" o CEO"should"avoid"lying"(bad)"rather"than"doing"good"(getting"contract"for"the" company)." o CEO"should"avoid"bad"(getting"bankrupt)"rather"than"doing"good"(telling"the"truth" to"company"Y)." Possible%2%marks"‐"Mention"(1"mark)""+"Discuss"(1"mark)"‐""Mental%Reservation"‐"i.e."CEO" was"withholding"truth"(reserving"information)"from"Company"Y." Possible%1%mark"‐"Cooperation%from"different"parties" o For"example:"CEO"of"company"X"is"in"formal"cooperation"of"the"lie." Case Study B (15 marks)

John is a senior engineer at a BC company that builds dams. The Government of Canada wishes to build a large dam along the Muddy River, and the Government seeks John’s advice in recommending whether or not the dam should be built. The Muddy River floods every year, causing damage to towns downriver and sometimes drowning people. A large dam would be able to control the flooding, saving the lives of Canadians and protecting their towns. Also, this dam would generate lots of electricity that could either be used within Canada or sold to the US. John honestly believes that this dam will also result in a net reduction in greenhouse gases from North America. However, there is a large trout pop...