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108年 - 108 國立政治大學碩士暨碩士在職專班招生考試_法律系:英文#99170

科目：研究所、轉學考(插大)、學士後-英文 | 年份：108年 | 選擇題數：31 | 申論題數：9

試卷資訊

所屬科目：研究所、轉學考(插大)、學士後-英文

選擇題 (31)

1. In the case of adhesion contract, the ambiguity of contractual terms should be_______ (A) Literally I interpreted (B) Construed against the drafter (C) Left on the court to fill the gap (D) Void
2. Which of the following descriptions regarding the term "voir dire" is NOT true? (A) French term for "to speak the truth". (B) The Latin term for "verdict repeals" (C) The preliminary questioning of witnesses to determine their competence to testify. (D) The process through which potential jurors from venire are questioned by a lawyer.
3. Which of the following is NOT the cause of product liability? (A) Warning defects (B) Marketing defects (C) Design defects (D) Manufacturing defects
4. In criminal procedures the leading question is permissible in which of the following occasion? (A) Preliminary hearing (B) Grand jury indictment (C) Direct examination (D) Cross examination
5. Which of the following event does not end an offer? (A) A counter offer (B) The death the offer (C) The rejection of the offeree (D) None of the above
6. Which of the following description regarding the term "demurrer" is NOT true? (A) A dispute on factual allegation (B) Insufficient to establish a valid cause of action in a complaint (C) A failure to state a claim (D) Claim based on an allegedly unconstitutional statute
7. In U.S. criminal procedure, which of the following does not take place in the pretrial stage? (A) Arraignment (B) Booking (C) Discovery (D) None of the above
8. In contract law, consideration is _______ (A) Promises of love and aftection (B) Past or present promises (C) An existing public duty (D) Not a gift
9.Which of the following is NOT the duty the board of directors of a company owe to sharholders? (A) Fiduciary duty of care. (B) Duty to usurp the corporate opportunity. (C) Duty of loyalty. (D) Duty of acting in good faith after careful investigation.
10.Which of the following is NOT an affirmative defense for intentional torts? (A) Insanity (B) Necessity (C) Self-defense (D) Defense of chattels
11. When making an arrest or interrogation in the US, police officers must give warning to the suspec concerning his right to remain silence and right to an attorney. Such warning is called_____. (A) The Maranda warning. (B) The preliminary warning. (C) The Sullivan Warning (D) The Luxembourg warning.
12. In the U.S. the Rastatement of Law can be regarded as_______. (A) Common Law (B) Statutory Law (C) Source of Law (D) Black Letter Law 正反
13. Which of the following rule applies to determine a valid acceptance? (A) Konck-out rule. (B) Fruad on the market theory (C) Bargain for rule (D) Mirror Image rule
14. Which of the following descriptions regarding punitve damages is incorrect? (A) It is awarded in addition to actual damages. (B) It is awarded in the case where defendant acts intentionally or willfully or engaged in wanton misconduct. (C) Courts determine the amount comparing to the compensatory damages. (D) Awarding it in reckless conduct is very likely.
15. Which of the following description regarding the principal-agent relationship is incorrect? (A) Persons, corporations, partnerships, not-for-profit organizations, and government agencies may all be principals and appoint agents. (B) Any individual is qualified to serve as an agent. (C) The law allows the principal to authorize somebody to carry out her duties for a specific purpose. (D) The agent owe a duty of loyalty to the principal.
16. The police have tried to bring him to ( ) , but his slick lawyers always get the case thrown out of court. (A) law (B) rule (C) order (D) justice
17.0fficials said that diplomats do not enjoy ( ) from criminal prosecution on charges of visa fraud. (A) immobility (B) impediment (C) imminence (D) immunity
18. A car driver who causes a car accident may face civil and criminal ( ), depending on the circumstances. (A) assaults (B) Jicenses (C) penalties (D) opposites
19.The exception derives from the interests in officer safety and evidence ( ) that are typically implicated in arrest situation. (A) preservation (B) prevention (C) distraction (D) distribution
20. is a formal written accusation of a crime, which is presented to a court for prosecution against the accused person. (A) Indictment (B) Conviction (C) Subpoena (D) Summon Read the following paragraph and answer questions 21 to 25: Many pcople confuse education and training, but they are not the same thing. Education is knowledge-based and is defined as a body of academic knowledge that is most often leamed in a classroom setting. Training is coaching to become proficient in particular behaviors or actions. Sometimes the two are confused because many training experiences, like a police academy, often involve many hours of classroom instruction. Such institutions combine elements of education and training, but the differences between the two remain. Knowledge is theoretical. Using a law enforcement example, you can study the laws of arrest without ever having to arrest anyone, but you need to be trained in handcuffing techniques if you will be expected to actually take someone into custody. Similarly, you can study laws and court cases pertaining to deadly physical force without ever having to fire a weapon. Training, on the other hand, is skills-based. It covers what you need to do, as much as what you need to know, in order to perform a task or group of tasks. Leamning when or why is not the same as learning how.
21. The best title for this passage would be ( A ) When or Why Is Not the Same As How. (B) Education versus Training. (C) The Bencfits of Studying Case Law. (D) The Importance of Handcufling Techniques.
22. The main idea of the passage is that ( A) education and training are different. (B ) education and training are the same. (C) people often confuse education and training. (D) raining is ineffective without the foundation of education.
23. Based on the passage, the activity most likely to be defined as training is ( A) studying for a graduate school entrance exam. (B)learning the firearms laws. (C) learning how to fire a shotgun. ( D ) carning a foreign language.
24.Based on the passage, the activity most likely to be defined as education is (A) learning how to drive (B) learning the firearms laws. ( C) learning handcuffing techniques ( D) studying for the police entrance exam.
25. The word coaching in line 3 of the passage is closest in meaning to (A) escorting (B) accompanying (C) acting (D) guiding and drilling Read the following paragraph and answer questions 26 to 3o. Juvenile delinquents are often defined as children between the ages of 10 and 17 who have committed a criminal act. There are two main types of offenders: repeat offenders and age-specific offenders. Repeat offenders are also known as "life-course (26] offenders." These juvenile delinquents begin offending or showing other signs of antisocial behavior during adolescence. Repeat ofienders continue to engage in criminal activities or aggressive behaviors (2 7 ) after they enter adulthood. The other type ofjuvenile delinquent behavior, age-specific offenders, begins during adolescence. (28 ] the repeat ofienders, however, the behaviors of the age-specific offender ends before the minor becomes an adult. The behaviors that a juvenile shows during adolescence are often a good (29 ) of the type of offender he will become, While age-specific offenders leave their delinquent behavior behind (30) they enter adulthood, they often have more mental health problems, engage in substance abuse, and have greater financial problems than adults who were never delinquent as juveniles.
26.(A) imminent (B) persistent (C) civilian(D) humble
27.(A) quite (B) never (C) even (D) over
28.(A) To (B) For (C)Beside (D) Unlike
29.(A) indicator (B) cxample (C) decision (D) principle
30.(A) because (B) unless (C) when (D) or
三.Read the following paragraphs from an article titled "'Legal Feminism and the Emotions: Three Moments in an Evolving Relationship" (Abrams 2005: 336-337) and translate into Chinese. (20%) (A) Scholarship on the Emotions in the Constructivist Moment Recent work on the emotions and law has continued to proliferate in the legal academy, as well as in the fields of philosophy and political theory. It has pressed in ncw directions, some of which, interestingly, reflect feminist and related critiques of enlightenment epistemology. Recent work, for example, is less focused on challenging the dichotomous hierarchical upderstanding of reason and the emotions, or the inappropriateness of emotion to the law.43 Reason and emotion are more often described as interpenetrating in effective thought or sound legal argumentation.44 More notably, emotion itself is sometimes characterized as having a cognitive element or cognitive structure. Martha Nussbauim has argued, for example, that disgust is an expression of revulsion toward those attributes that reveal our animality.45 William Miller, comparing disgust and contempt, notes the different ways that the lips curl in the physical expres sion of each； but he also distinguishes contempt and disgust on the ground that contempt connotes a superior hierarchical relation to its objects, while disgust demands their exile or abjection. 46 Second, recent scholarship refects the view that emotions (be they visceral or cognitive) are not the expression of purely interior states. They are shaped and conditioned-in their forn and in the objects to which they respond-by social understandings and practices. Cheshire Calhoun has argued, for example, that romantic love-an emotion our culture has often regarded as the last outpost of the natural-is powerfully structured, or even produced, by elaborate social scripts.47 Similarly, recent scholarship does not characterize emotion simply as being expressed, or repressed, by law. Although contemporary scholarship on the emotions still reflects accounts in which law plays an expressive role with respect to particular emotions-Dan Kahan's work on the expressive functions of the criminal law is a good example of that tendency48-more recent accounts describe emotion as acted on, modified, and brought into being by law in many different ways. Recent work by Martha Minow, for example, on legal responses to genocide and related atrocities, stresses the way in which fact-finding can channel emotions away from uncontrolled hunger for vengeance toward a more moderated desire for accountability.49 Robert Solomon describes the way that Priminal law can temper, even as it gives effect to, the desire for retribution.50 Danielle Allen, writing about ancient A thens, describes the way in which law need not simply express, but can also satisfy, anger at individual offenses against the community.51 43.

申論題 (9)

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一、中翻英20分 試將下列内容譯為英文:(注意:譯文中出現任何中文字以零分計算,未寫出完整的句子亦以零分計算) 金融服務與金融消費者訂立提供金融商品或服務契約前,應充分瞭解金融消費者之相關資料,以確保 該商品或服務對金融消費者之適合度。 金融服務與金融消費者訂立提供金融商品或服務之契約前,應向金融消費者充分說明該金融商品、服務 及契約之重要內容,並充分揭露其風險。