107年 - 107-1 司法官、專技高考特種考試_三等_各類科、律師：綜合法學（二）（公司法、保險法、票據法、證券交易法、強制執行法、法學英文）#74738

59 Under R.O.C. Civil Code, if an offeree responds to an offer by making a –in effect, proposes terms other than those contained in the original offer—the law treats that response as the legal equivalent of a rejection.
(A)rejection(B)acceptance (C) offer(D)counteroffer

60 In a contract of sale, which of the following warranty might not be honored by the seller? (A)Express warranty by the seller (B)Implied warranty of the superior quality of the goods (C)Implied warranty of merchentability (D)Implied warranty of fitness for particular purpose

61 Generally, a contract operates to confer rights and impose duties only on the parties to the contract and no other parties. This contractual relationship is summed up in the term . (A)novation (B)privity of contract (C)third-party beneficiary contract (D)privity in possession

62 Which of the following statements best describes the function or purpose of securities law? (A)Helping companies grow by putting various restrictions on them (B)Allowing companies to raise money from those whom they do not know much about (C)Checking companies' activities ex-ante as well as ex-post to avoid corporate misconduct (D)Encouraging investors to take due risk and enjoy economic growth

63 According to the Close Company chapter of Taiwan's Company Act, which of the following statements is most likely to be incorrect? (A)When the number of shareholders exceeds 50, the status of a close company will be lost automatically. (B)To maintain the status of a close company, using a public channel to raise funds is strictly prohibited with no exception. (C)To facilitate capital formation, shareholders can use a more flexible way to pay for their shares, such as labor or service. (D)The corporate charter should stipulate a clear limitation on the free transferability of shares.

64 The right to have the assistance of counsel for his or her defense is mainly based upon the theory of .
(A)equality of arms (B)freedom of speech (C)warrant requirement (D) double jeopardy

65 The warning of the must be accompanied by the explanation that anything said can and will be used against the individual in court. This warning is needed in order to make him aware not only of the privilege, but also of the consequences of forgoing it.(A)right to have counsel present (B)right to object (C)right to trial by jury (D)right to remain silent

66 State statutes designed to regulate materials must be carefully limited. A state offense must be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as a whole, do not have serious literary, artistic, political, or scientific value. (A)heretical(B)obscene (C)decent (D)unethical

67 The Supreme Court has repeatedly confirmed that denying a generally available benefit solely on account of religious identity imposes a penalty on the that can be justified only by a state interest of the highest order. (A)free exercise of religion (B)freedom of expression (C)establishment of religion (D)religious equality

68 When I worked in the Department of Justice in the Office of the , it was my job to argue cases for the United States before the Supreme Court. (A)Attorney General (B)Inspector General (C)United States Attorneys(D) Solicitor General .

69 To ensure all parties involved in civil proceedings are fairly and timely informed, a set of rules is created to determine how to properly deliver and exchange court papers and documents to and among the parties. Such rules are rules of . (A)circulation (B)communication (C)notification (D)service

70 In a civil case, which of the following pairings of action and actor is incorrect? (A)summary judgement----judge (B)judgment notwithstanding the verdict----- jury (C)complaint---- plaintiff (D)answer---- defendant

107年 - 107-1 司法官、專技高考特種考試_三等_各類科、律師：綜合法學（二）（公司法、保險法、票據法、證券交易法、強制執行法、法學英文）#74738

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