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

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

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

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.

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

64 The U.S. Supreme Court is to decide whether there is a constitutional limit to the practice of ___________. That is drawing legislative and congressional district lines to benefit the party in power. (A)one person, one vote (B) partisan gerrymandering(C)universal suffrage (D)voter intimidation

65 Our opinions applying the doctrine known as " " hold that the Due Process Clause prohibits States from infringing fundamental liberty interests, unless the infringement is narrowly tailored to serve a compelling state interest. (A)procedural due process (B) substantial process(C)due diligence (D)substantive due process