102年 - 102-1 司法官特種考試_三等_司法官：綜合法學（二）（法學英文）#25976

科目：高普考/三四等/高員級◆英文 | 年份：102年 | 選擇題數：15 | 申論題數：0

試卷資訊

所屬科目：高普考/三四等/高員級◆英文

選擇題 (15)

56 Ally has a wart on her arm. Her physician, Eldon, anesthetizes Ally and removes the wart against Ally’s will. The removal in no way affects Ally’s health, and is in fact beneficial. Nevertheless, Ally still has suffered ______＿ and therefore can sue for damages. (A) mental distress (B) financial injury (C) economic loss (D) bodily harm

57 Pursuant to Article 187 of R.O.C. Civil Code, the guardian is not liable if there is no negligence in his duty of supervision. Which of the following is the best description of “Negligence”? (A) Forgetfulness to the third party (B) Continuing misconduct (C) Intention of the wrongful act (D) Breach of a duty that proximately causes injury

58 Kate hires Mario, a famous chef, to cook for her wedding. The chef cannot ____________the duty to cook to someone else, because the party has specifically contracted for the experience and individual skill of this chef. (A) transfer (B) pass (C) delegate (D) convey

59 Pursuant to Article 195 of R.O.C. Civil Code, Paragraph 1, if it is one’s__________ that has been infringed, the injured person may also seek appropriate measures to restore it. (A) body (B) liberty (C) privacy (D) reputation

複選題
60 On June 1, Todd agrees to sell and Wayne agrees to buy goods to be delivered in October at a designated port. The port is subsequently closed by quarantine regulations during the entire month of October; no commercially reasonable substitute performance is available, and Todd fails to deliver the goods. Todd is not liable to Wayne for breach of contract because Todd’s performance is made___________ without his fault. (A) unimaginable (B) impracticable (C) impossible (D) inconceivable

61 When a company’s shareholders’ meeting reaches the unanimous agreement of dissolution, the company will generally cease to carry on business at that time and start the process of___________ before dissolution. (A) reincorporation (B) acquisition (C) liquidation (D) consolidation

62 When a corporation earns a profit or surplus, that money can be put to two uses. It can either be re-invested in the business, or it can be paid to the shareholders as___________ . (A) dividends and bonuses (B) segments and reserves (C) divisions and premiums (D) sections and portions

63 A director of a listed company learns material non-public information regarding the possible huge loss of the company, and prior to the disclosure of such information, the director sells shares of the company. Such an act is a violation of the rule against__________ . (A) short swing (B) related party transaction (C) insider trading (D) misrepresentation

64 “Short selling is a device whereby the speculator sells stock which he does not own, anticipating that the price will decline and that he will thereby be enabled to make delivery of the stock sold by purchasing it at a lesser price.” Based on the above description, if the decline materializes, what is the short seller’s profit? (A) The difference between the first purchase price and the second lower sales price (B) The difference between the first purchase price and the second lower purchase price (C) The difference between the first sales price and the second lower sales price (D) The difference between the first sales price and the second lower purchase price

65 Which law either makes conduct criminal that was not criminal at the time committed, increases the degree of criminality of conduct beyond what it was at the time it was committed, or increases the maximum permissible punishment for conduct beyond what it was at the time of commission? (A) Ex Post Facto Law (B) Bill of Attainder Law (C) Loitering Law (D) Vagueness Law

66 Joe fraudulently converted Johnson’s computer, which is lawfully possessed by Johnson. What crime has Joe committed under Criminal Act? (A) Rape (B) False pretenses (C) Embezzlement (D) Larceny

67 A(n)__________ is a law that retroactively changes the legal consequences of actions committed or relationship that exists prior to the enactment of the law. (A) bill (B) rule of law (C) amendment (D) ex post facto law

68 The ___________of the Republic of China is a branch of government exercising the powers of auditing and impeachment. (A) Control Yuan (B) Executive Yuan (C) Legislature Yuan (D) Examination Yuan

69 Which of the following is the correct description of “Civil Procedure”? (A) Annual examination that must be taken by many who wish to become government employees. (B) The rules applicable to constitutional civil rights claims, such as an alleged denial of due process of law. (C) The rules applicable to civil litigation. (D) Court-enforced rules of civility, especially as they may apply to trial lawyers.

70 Under_________ , evidences of crime discovered by a law enforcement officer in making a search without lawful warrant may not be used against the victim of the unlawful search. (A) the best evidence rule (B) the exclusionary rule (C) the collateral source rule (D) the adverse interest rule

申論題 (0)