Project Management Flashcards

How can one determine whether a false statement is fraudulent?

Answer: When it is produced: - With knowledge - Without faith in reality - Carelessly or Without Reck

A false statement is fraudulent when it is made knowingly, without belief in its truth, or recklessly without caring whether it is true or false — these mental states are the legal test for fraudulent misrepresentation. The wrong options describe competence standards, categories of intellectual property, and privacy legislation, none of which define fraud.

What is a corporation's licensing procedure?

Answer: Request a Certificate of Authorization and Permit to Practice.

To offer engineering services, a corporation must apply to the regulator (e.g., PEO) for a Certificate of Authorization and Permit to Practice, which confirm the firm is qualified and identifies the responsible professional. The other options describe workplace safety duties, an incomplete restatement, and research/data-sharing activities rather than the licensing procedure itself.

Intellectual property: what is it?

Answer: Intellectual property includes industrial designs, integrated circuit designs, patents, trademarks, and copyright.

Intellectual property refers to creations of the mind and legally includes industrial designs, integrated circuit topographies, patents, trademarks, and copyright. The other options describe consequential damages, a statement of responsibility, and the contra proferentem rule of contract interpretation — none of which define IP.

Which approach to stopping an employer's illegal action works the best?

Answer: Fixing the issue as COE requires employers to be informed of potential repercussions when overruled

The most effective approach is to correct the issue directly while informing the employer of the consequences, because the Code of Ethics requires engineers to notify employers of the potential repercussions when their professional judgment is overruled. Filing an insurance claim, focusing on licensing of inventions, or general grievance/human-rights duties do not address stopping the illegal act.

How long does it take to apply for the Paris Convention after filing?

Answer: six months following filing for an application.

The Paris Convention gives applicants a six-month priority window after the initial filing to file for industrial design (and trademark) protection in other member countries while keeping the original filing date. (Patents have a 12-month window, which is why 'a full year' is the tempting but incorrect choice here.) The remaining options are unrelated.

Risky/Utility Analysis: What Is It?

Answer: Aims to ascertain whether the product's usefulness justifies its predicted hazards.

Risk/utility analysis weighs a product's usefulness against its foreseeable hazards to determine whether the benefits justify the risks — a key test in product design and liability. The other options describe consequential damages, failure analysis of a single component, and the regulatory mandate of a professional body, none of which capture this benefit-versus-risk balancing.

What does an industrial design look like?

Answer: Although the example may differ, if the idea is similar to this one, it will work: the original sculpture is protected by copyright, but manufactured copies are shielded from industrial designs.

An industrial design protects the visual appearance (shape, pattern, ornamentation) of a manufactured article, so an original sculpture is covered by copyright while its mass-produced copies are protected by industrial design. The other options describe trade secrets, recognition of foreign credentials, and basic contract elements, which protect different things.

Is it true that a tort must be deliberate or careless in order for there to be liability?

Answer: TRUE

This is TRUE: for most torts, liability requires fault in the form of either intent or negligence (carelessness), distinguishing a wrongful act from a purely accidental, unavoidable harm. The denial answers and the contract-related option are incorrect because fault-based intent or negligence is exactly what underpins tortious liability.

Whistle blowers: What are they?

Answer: People who, after attempting to rectify the matter through internal channels, go public with their belief that an organization—typically the corporation they work for—is involved in risky, immoral, or unlawful practices

Whistleblowers are people who, after trying to fix the problem through internal channels, go public with a reasonable belief that their organization is engaged in dangerous, unethical, or illegal conduct. The other options describe discovery/examination procedures and contract execution or voidability, which are unrelated to whistleblowing.

What abilities do mediators possess that arbitrators do not?

Answer: Meet with each party separately to talk about the disagreement

A mediator can caucus — meeting with each party separately to discuss the dispute and facilitate a voluntary resolution — whereas an arbitrator acts more like a judge and renders a binding decision. The other options describe document discovery, corporate contracting limits, and indemnity, none of which are distinctive mediator abilities.

What is a Permit to Practice or Certificate of Authorization?

Answer: A license that is used in private practice or by a company that needs to identify the expert in charge of the engineering work for the company and make sure they are qualified

A Certificate of Authorization or Permit to Practice is the license that allows a firm or individual in private practice to offer engineering services, identifying and confirming the qualified professional responsible for the work. The wrong options list general engineering duties, software validation steps, and safe-design principles rather than defining the permit itself.