57 Which of the following is not one of the types of tort law in common law?
(A)negligence
(B) intentional torts
(C) executory covenant
(D)strict liability

53 甲公司因其前任負責人乙於卸任後，拒不移交所持有甲公司之印章，經甲公司訴請命乙交付該印章 並獲勝訴判決確定。甲公司執該確定判決聲請對乙強制執行，經執行法院限期命乙自動履行，乙逾 期不為履行而將該印章藏匿。下列何者，非執行法院得採行之執行方法？ (A)檢視乙之住所將該印章取交甲公司 (B)執行取交無效果時，宣告該印章無效，並製作證明書交付甲公司 (C)以乙之費用，命第三人丙代為篆刻同款式印章一枚交付甲公司 (D)對乙處以怠金，續經定期履行而仍不履行時，再處以怠金或管收

54 債權人甲聲請對債務人乙所有 A 地為假扣押執行後，乙之另一金錢債權人丙持確定判決聲請執行 A 地。下列敘述，何者正確？ (A)執行法院就丙之執行聲請，毋庸踐行 A 地查封程序 (B)丙應視為甲執行程序之聲明參與分配人 (C)執行法院就拍賣 A 地所得價金，應先扣除甲之假扣押所保全債權額後，再將餘額分配予丙 (D)執行法院就拍賣 A 地所得價金，應先扣除丙之債權額後，再將餘額分配予甲並提存之

55 債權人甲就禁止債務人乙移轉 A 地所有權之假處分裁定聲請法院執行在案，嗣乙之債權人丙取得給 付金錢勝訴確定判決，具狀聲請法院拍賣該地。下列敘述，何者錯誤？ (A)甲之假處分執行效力僅禁止乙就 A 地為處分，並不排除法院之強制執行 (B)A 地仍屬乙之財產，丙仍得對該地聲請強制執行 (C)甲得以其假處分所保全之所有權為基礎，對丙提起第三人異議之訴 (D)甲得以保全執行在先為由，對於執行法院就丙之聲請准予執行，聲明異議

56 Tort law can be defined as the law of . (A)civil disobedience (B) civil wrong  (C) civil commitment (D)civil disability

58 Which of the following illustrations of Larry’s acts is not subject to liability for a false imprisonment? (A)Larry locks Jason in a room which has only one exit. However, if Jason uses the exit, his act will cause substantial bodily harm to Ben. (B)Lilly is a patient with a disease which makes any exertion vital to her. Larry locks Lilly in a room which has two open windows at a height of 100 cm from the floor and the ground outside. (C)Larry locks Kevin, who is an athlete, in a room which has two open windows at a height of 100 cm from the floor and the ground outside. (D)Larry is a shop owner who knows his customer Jane is in his shop. But he locks the only door of the shop to prevent a third person from entering when he goes out for his lunch.

59 When parties enter into a contract, they often wish to calculate the damages which would arise for one or both of the parties in the event that there is a breach of contract by the other party. Provisions in a contract stipulating the amount required to compensate an injured party in the event of a breach are referred to as clauses. (A)restitution damages (B)liquidated damages (C)general damages (D) expectation  damages

60__________ is a type of contract where party A enters into a valid contract with party B which stipulates that party B shall render performance for the benefit of party C. (A)A delegation contract(B) A trust agreement  (C)An assignment of contract (D)A third  -party beneficiary contract

61 John is the CEO and chairman of ABC Corp. He entered into an agreement to merge his company with XYZ Corp. In return, shareholders of ABC will receive XYZ shares as payment, which have a slightly higher market value. One of the following procedures is the least likely to apply in this scenario. Please identify it. (A)Both boards need to call a meeting properly and approve this transaction. (B)Shareholders in both companies need to convene, with a quorum, to examine the details of the merger agreement and approve it. (C)For those shareholders who do not agree to the ratio of the shares exchange, they may turn to the court and ask it to repudiate the transaction. (D)As the CEO and chairman, John is not required to excuse himself from voting at the shareholder meeting automatically, unless he has a conflict of interest that could result in a possible breach of fiduciary responsibility.

62 Money__________ fixed by improper methods is unconstitutional. (A)bail (B)order (C)citation (D)note .

63 Self-defense is a __________for criminal manslaughter offense. (A)justification  (B)consideration (C) inclusion (D)causation