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#99171

科目：研究所、轉學考(插大)、學士後-英文 | 年份：108年 | 選擇題數：30 | 申論題數：10

試卷資訊

所屬科目：研究所、轉學考(插大)、學士後-英文

選擇題 (30)

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

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

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

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

申論題 (10)

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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)

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