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OACETT Internationally Educated Professional Practice Exam Sample Questions (Q123-Q128):
NEW QUESTION # 123
Which one of the following statements is correct about tort law?
- A. The plaintiff initiates the criminal case, and the burden of proof rests with the plaintiff.
- B. The plaintiff initiates the civil case, and the burden of proof rests with the defense.
- C. The plaintiff initiates the criminal case, and the burden of proof rests with the defense.
- D. The plaintiff initiates the civil case, and the burden of proof rests with the plaintiff.
Answer: D
Explanation:
Intort law (civil law), theplaintiff(the person who claims harm) must prove that thedefendant(the accused party) is legally responsible for the harm.
Step-by-Step Explanation:
* What is Tort Law?
* Atortis a civil wrong where one party'sactions or negligence cause harmto another.
* Common examples:negligence, defamation, product liability, and falseimprisonment.
* Who Initiates the Case?
* In tort law, theplaintiff (injured party) starts the lawsuit.
* Who Bears the Burden of Proof?
* Theplaintiff must provide evidencethat the defendant is liable.
* Standard of proof:"Balance of probabilities"(more likely than not).
* Why Other Options Are Incorrect:
* B (Burden of proof on defense)- Incorrect; in civil law, theplaintiffmust prove their case.
* C & D (Plaintiff initiates criminal cases)-Only the government (prosecution) can initiate criminal cases.
Reference:
Ontario Negligence Act- Outlines burden of proof in civil cases.
OACETT Professional Conduct Guidelines- Legal responsibility in professional disputes.
NEW QUESTION # 124
You are a member of OACETT, a principal in XYZ Company and also a member of a city council. The city council approves appropriations for projects undertaken by the city. One such project is an energy conservation project with a large potential reduction in energy costs. XYZ Company has established a good reputation in the energy conservation field. XYZ Company has submitted a proposal to the city council to provide services for this project under consideration.
Six months after resigning from city council, you receive a call from a council member asking you to review a competitor's project documents for free. What OACETT Code of Ethics principle applies here?
- A. Act with integrity towards clients or employers, maintain confidentiality, and avoid a conflict of interest, but where such conflict arises, fully disclose the circumstances without delay.
- B. Conduct yourself with fairness, courtesy, and good faith towards clients, colleagues, and others.
- C. Promote public knowledge and appreciation of engineering and applied science technology.
- D. Present clearly to employers and clients the possible consequences if professional decisions or judgments are overruled or disregarded.
Answer: B
Explanation:
Even thoughyou are no longer in public office, youstill have ethical obligations to maintain fairness, integrity, and transparency.
Step-by-Step Breakdown:
1. Ethical Issues at Play:
* Reviewing acompetitor's project for freecould:
* Compromise professional integrity.
* Create aperception of bias or unfair treatment.
* Lead toconflicts with your previous employer or professional obligations.
2. Why Fairness, Courtesy, and Good Faith Are Important:
* Professionals must avoid using their influence unethically, even after leaving a position.
* Example:
* A retired CETshould not provide confidential insightsinto a competitor's project without proper compensation and disclosure.
3. Why Option A Is Correct:
* Fairness and professional courtesy require declining such requests or ensuring full transparency.
4. Why Other Options Are Incorrect:
* B (Conflict of interest disclosure)- This is not adirect conflict of interest, but anethical integrity issue.
* C (Warning about overruled decisions)-Not relevantin this case.
* D (Promoting public knowledge)- Ethical fairness ismore important here.
Reference:
OACETT Code of Ethics - Professional Integrity and Fairness Guidelines
Ontario Professional Engineers Act - Ethical Obligations After Leaving Public Office
NEW QUESTION # 125
A Corporation may raise funds through the issue of equity securities. Which one of the following is an equity security?
- A. Debentures
- B. Notes
- C. Preferred shares
- D. Corporate bonds
Answer: C
Explanation:
Equity securitiesrepresentownership in a company, whiledebt securitiesrepresentloans to the company.
Step-by-Step Explanation:
* Types of Securities:
* Equity securities- Ownership interests, likecommon and preferred shares.
* Debt securities- Loans issued by companies, likebonds and debentures.
* Why Preferred Shares Are Equity Securities:
* Preferred shareholdersown a portion of the company.
* They receivefixed dividendsbutdo not have voting rightslike commonshareholders.
* Why Option A Is Correct:
* Preferred sharesqualify asequitybecause theyrepresent ownership.
* Why Other Options Are Incorrect:
* B (Corporate bonds)- Bonds aredebt instruments, not equity.
* C (Debentures)- A type ofloan, not ownership.
* D (Notes)- Short-termdebt instruments, not equity.
Reference:
Ontario Securities Commission - Equity vs. Debt Investments
OACETT Business & Finance Guidelines for Engineers
NEW QUESTION # 126
What is a bid deposit?
- A. It is a specified amount of money submitted with a bid to ensure that the bid receives fair consideration from the tenderer.
- B. It is a specified amount of money submitted with a bid to ensure that the tenderer's evaluation costs are covered.
- C. It is a specified amount of money submitted with the bid to make sure the bidder will honor their bid if it is selected.
- D. It is a specified amount of money submitted with a bid to indicate that it is a serious bid.
Answer: C
Explanation:
1. What is a Bid Deposit?
* Abid deposit (also called a bid bond)is afinancial guarantee that ensures a contractor will follow through if awarded a project.
* Itprotects the project owner (client) from financial losses if the bidder fails to sign the contract or complete the work.
2. Why Are Bid Deposits Required?
* Discourages bidders from backing outafter submitting a proposal.
* Ensures thatonly serious, financially stable bidders participate.
* If the winning bidderfails to fulfill their obligations, the bid deposit is forfeitedto compensate the project owner.
3. Why Option A is Correct:
* Theprimary purpose of a bid deposit is to guarantee that the bidder will honor their bid if selected
.
4. Why Other Options Are Incorrect:
* B (Ensures fair consideration)- Incorrect;bids are evaluated based on merit, not bid deposits.
* C (Indicates a serious bid)- While true,the key purpose is financial assurance, not just seriousness.
* D (Covers evaluation costs)- Incorrect;bid deposits do not pay for the evaluation process.
Reference:
Ontario Public Procurement Guidelines - Use of Bid Deposits & Bonds
Canadian Construction Documents Committee (CCDC) - Rules on Bid Deposits
NEW QUESTION # 127
Which of the following is true according to the OACETT Code of Ethics?
- A. Technologists and technicians must fulfill at least ten hours of professional development per year.
- B. Technologists and technicians must stay at the cutting edge of developments in their fields.
- C. Technologists and technicians have an obligation to maintain proficiency and competence in their fields.
- D. Technologists and technicians have an obligation to attend the professional development specified by their employers.
Answer: C
Explanation:
Engineering technologists and technicians have a professional duty to maintain their competence and keep their knowledge up to date.
Step-by-Step Explanation:
* Why Continuous Learning Matters:
* Technologyevolves rapidly; professionals muststay informed about best practices.
* This ensurespublic safety, efficiency, and ethical responsibility.
* How OACETT Ensures Competency:
* The OACETTCode of Ethicsstates that membersmust continue professional development.
* Some employersrequire ongoing educationto ensure compliance with regulations.
* Why Option C Is Correct:
* Maintaining competence isan ethical duty for professionalsunder OACETT regulations.
* Why Other Options Are Incorrect:
* A (Mandatory 10 hours of PD per year)- While recommended,OACETT does not specify an exact number.
* B (Employers dictate professional development)-Professional organizations, not employers, define ethical obligations.
* D (Cutting-edge knowledge required)- Staying current is encouraged, butnot all professionals need to work on the latest technology.
Reference:
OACETT Code of Ethics - Professional Competence & Continuing Education
Ontario Labour Standards - Professional Licensing & Certification
NEW QUESTION # 128
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