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Law is a written rule created by and enforced by the government
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what are the sources of Canadian law?
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common law and equity
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administrative law
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statue law
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health law
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court rooms
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The Canadian constitution is a set of guild lines on how a counter or state should be run
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The Charter of Human Rights and Freedoms is a document that protects our right sand freedoms as a Canadians. What are the human rights and Freedoms defined in the Canadian constitution?
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The Three main components to the judicial system in Canada are the [blank_start]Court Martial Appeal court[blank_end], [blank_start]Provincial Courts of Appeal[blank_end] and the [blank_start]Federal courts of Appeal[blank_end].
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A Criminal case is a Person Vs. [blank_start]a State[blank_end]
A Civil case is a Person Vs. [blank_start]a Person[blank_end]
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a State
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a busniess
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a company
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a industry
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a Person
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a association
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a family member
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What are some Alternate dispute resolutions?
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Negatiation
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Arbitration
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Case sue
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retract thesue
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Mediation
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When the [blank_start]needs of a society change[blank_end] this will trigger a change in Canadian law.
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A Tort Law is a Law that helps determine [blank_start]if a wrong has been committed[blank_end] by a person and what the compensation will be for that crime.
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The differences between
Tort Law: Imposes duties and rights with respect to [blank_start]conduct[blank_end]
Criminal Law: Imposes duties and rights with respect to conduct BUT with the [blank_start]crime against the State[blank_end]
Contract Law: How a [blank_start]contract is acted upon and fulfilled[blank_end]
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Intentional Torts are actions taken to harm someone [blank_start]done with purpose and thought[blank_end]
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Unintentional Torts are actions taken to harm someone [blank_start]that were not done on purpose.[blank_end]
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Vicarious Liability does not apply to the person f they did nothing wrong.
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Strict Liability is when it is proven that the defendant caused damages.
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What is Contributory negligence and joint tortfeasors?
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When the plaintiff may have contributed to their injury's
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When the plaintiff did nothing wrong
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When the defendant may have contributed to their injury's
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Damages in Torts are [blank_start]rewards given to the plaintiff[blank_end]
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Risk Management is reducing a business or professional's exposure to unknown conditions.
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What are the fundamentals of a contract?
1. [blank_start]a promise[blank_end]
2. [blank_start]express of common interest[blank_end]
3. [blank_start]expectations to keep promise[blank_end]
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What are the terms and definitions in contracts?
Formal: [blank_start]Printed sealed and delivered[blank_end]
Unilateral: [blank_start]There is no exchange of promise[blank_end]
Valid: [blank_start]Law accepts as binding[blank_end]
violable: [blank_start]can be revoked[blank_end]
unenforceable: [blank_start]parties can not be sued[blank_end]
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A contract is formed by first [blank_start]finding a need[blank_end] then [blank_start]finding a solution[blank_end] and then find [blank_start]some who can provide the solution[blank_end].
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What are the elements to a contract?
1. [blank_start]mutual agreement[blank_end]
2. [blank_start]Competent parties[blank_end]
3. [blank_start]Consideration (money)[blank_end]
4. [blank_start]Legal subjects[blank_end]
5. [blank_start]Intention to be bound[blank_end]
6. [blank_start]Enforceable form[blank_end]
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mutual agreement
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Competent parties
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Consideration (money)
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Legal subjects
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Intention to be bound
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Enforceable form
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A Statue of Fraud is a law that DOES NOT requires certain types of contracts to be evidenced in writing in order to be valid
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What factors affect the enforcement of contracts?
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Identities of the parties
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the amount of compenstion
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the terms of the agreement
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signed by the party to be held liable by the contract
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singed by a mediator
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how can contracts be interpreted?
Express Terms; clear and precise
Implied Terms; Statements that would have been agreed too if parties thought about them.
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How can a contract be discharged?
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What are the possible remedies for a contract?
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Damages
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Quantum meruit
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Specific performance
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no remedies needed
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Tendering Process; When contractors bid [blank_start]on public sector projects[blank_end] and the information [blank_start]is made public[blank_end].
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What are the possible legal structures for businesses?
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Sole partnership
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Partnership
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Incorparated
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Private busniess
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Public Busniess
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What are the Characteristics, advantages and disadvantages of a Sole Partnership?
Advantages;
- [blank_start]easy and inexpensive to set up[blank_end]
- [blank_start]legal and accounting fees are low[blank_end]
Disadvantages;
-[blank_start]owner is personally responsible[blank_end]
-[blank_start]difficult to transfer ownership[blank_end]
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easy and inexpensive to set up
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difficult and expensive to set up
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legal and accounting fees are low
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legal and accounting fees are high
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owner is personally responsible
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owner is not personally responsible
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difficult to transfer ownership
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easy to transfer ownership
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What are the Characteristics, advantages and disadvantages of a Partnership?
Advantages;
-[blank_start]minimal regulator[blank_end]
-[blank_start]personal money can[blank_end] be used to finance business
-[blank_start]tax reporting is simple[blank_end]
Disadvantages;
-[blank_start]partners are liable[blank_end] for business liabilities
-[blank_start]no tax advantages[blank_end]
-[blank_start]reduced income splitting[blank_end]
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minimal regulator
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Maxium regulator
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personal money can
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corporate money must
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tax reporting is simple
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tax reporting is more difficult
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partners are liable
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The business is liable
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no tax advantages
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there are some tax advantages
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reduced income splitting
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income splitting is not avaliable
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What are the Characteristics, advantages and disadvantages of a Corporation?
Advantages;
-[blank_start]Limited personal Liability[blank_end]
-[blank_start]There is income-splitting[blank_end]
-[blank_start]easier to change ownership[blank_end]
Disadvantages;
-[blank_start]high cost of setup and organization[blank_end]
-[blank_start]higher legal and tax accounting[blank_end]
-[blank_start]more government[blank_end]
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Limited personal Liability
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higher personal Liability
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There is income-splitting
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There is no income spillting
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easier to change ownership
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difficult to change ownership
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high cost of setup and organization
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low cost of setup and organization
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higher legal and tax accounting
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lower legal and tax accounting
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more government regulations
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less government regulations
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Workplace legislation governs the relationship between [blank_start]the employer and employee[blank_end].
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The employment standards act covers the primary statue or legislation that governs the relationship [blank_start]between the employer and employee[blank_end].
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the Labor relations act regulates the relationship between [blank_start]the unions and the employer[blank_end].
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The Ontario human rights code ensures all Ontarian have the [blank_start]equal rights and opportunities[blank_end].
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The Occupational Health and Safety act governs how the [blank_start]employees are to be kept safe[blank_end] and [blank_start]what happens when accidents happen[blank_end].
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The workplace safety and insurance act promotes [blank_start]health and safety[blank_end] in the workplace and mitigates the effects of [blank_start]workplace accidents[blank_end].
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health and safety
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workplace accidents
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What are the differences among Ethics, Morality and the Law?
Ethics; [blank_start]The beliefs of a s society or a group[blank_end] as to what is right and wrong within the context of that society or group.
Morals; Beliefs of what is right or wrong [blank_start]that are internally determined[blank_end].
Laws; [blank_start]written rules created by and enforced by[blank_end] the government
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The beliefs of a s society or a group
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that are internally determined
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written rules created by and enforced by
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What are the three kinds of ethical statements?
[blank_start]Factual Statement[blank_end]
[blank_start]Conceptual Statement[blank_end]
[blank_start]Moral Statement[blank_end]
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Factual Statement
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Non-Factual Statement
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Conceptual Statement
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Personal Statement
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Moral Statement
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Public Statement
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What are four ethical Theories?
1.[blank_start]Utilitarianism[blank_end]
2.[blank_start]Duty-based[blank_end]
3.[blank_start]Right-based[blank_end]
4.[blank_start]Virtue-based[blank_end]
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Utilitarianism
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Duty-based
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Right-based
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Virtue-based
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The Ethical Responsibilities of Professionals are the Duty to Society, to employers, to clients, to colleagues, to employees, to profession and to oneself.
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What workplace legislation covers intellectual property?
[blank_start]The copyright act[blank_end]
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Copyright legislation only covers work done at home that is represented in some fixed material form.
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What workplace legislation covers the use of confidential information and whistle blowing.
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Conflict of interest is when a person of trust exploits that position for personal benefits.
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What workplace legislation covers bribery?
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Criminal code of Canada
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The human rights code
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The copy right act.
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What environmental legislation applies
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The complexity of our technologies and our societies have created a [blank_start]growing awareness[blank_end] of the interplay of engineering and eithics.
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What type of ethical issues arise in engineering technologies?
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Violation of laws or standards
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failure to protest use of inadequate designs
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unsuccessful attempts at problem remedies
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competing considerations
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proper compensation
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if the design is efficient
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What are possible approaches for analyzing ethical problems in engineering and technology?
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Line up the options for a resolution from positive to negative in terms of ethical acceptability
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Compare the moral similarities and differences of each
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Draw a line dividing information that is relevant from that which is not.
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Use a pie graph
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Discuses in a team environment
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What are the characteristics of a professional organization
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it is incorporated
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it has a clear administrative structure
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it has a clear objectives
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it sets and maintains standards of registration
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it has more then 200 members
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it has a president
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The OACETT Act is also know as Pr25 and it captures all the goals and values of the association.
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The OACETT By-Law is OACETT's set rules that how a new member can apply to be part of OACETT
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TPC: [blank_start]Technology Professionals of Canada[blank_end]
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IETO: Institute of [blank_start]Engineering Technology of Ontario[blank_end]
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The IETO terms of reference is a key document that explains what the terms mean at the meetings of IETO.
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What are the different membership categories?
[blank_start]Certified[blank_end] and [blank_start]Association[blank_end]
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Certified
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Full member
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Association
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Part member
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What are the certification requirements for membership?
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be of good character
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be 18 or older
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be ordinary resident
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meet all the criteria set by OACETT
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be must full time emplyee
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must need at least 4 years of experience
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FARPACTA: Fair Access to [blank_start]Regulated Professions[blank_end] and [blank_start]Compulsory Trades Act[blank_end]
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Regulated Professions
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Compulsory Trades Act