114年 - 114-1 司法官特種考試_三等_司法官及律師、專技高考_律師_各類科：綜合法學(二)（法學英文）#129327

56 Under Article 185 of R.O.C. Civil Code, liability is______ where the whole or a distinct part of the damage suffered by the victim is attributable to two or more persons. (A) joint and several (B) discrete (C) independent (D) increased

57 Oliver liked to play music extremely loud and it always woke up Mr. and Mrs. Smith at midnight. Oliver was liable to Mr. and Mrs. Smith for______ . (A) trespass (B) nuisance (C) pain and suffering (D) mental distress

58 In certain circumstances, A can be held liable for the torts committed by B simply because B is A’s employee or agent or independent contractor, and despite the fact that injury or damage caused by B’s tort may not have been the result of any fault on the part of A. What is the type of the aforementioned tortious liability？ (A) Contributory liability (B) Vicarious liability (C) Strict liability (D) Joint liability

59 ______is liability regardless of fault. The plaintiff does not have to prove either that the defendant was at fault or that the defendant was not at fault. (A) Negligent liability (B) Intentional liability (C) Strict liability (D) Inducing liability

60 Adam agreed to sell and Rosa agreed to buy Adam’s house located in Europe. Unfortunately, Adam did not know that his house has burnt down two days ago. Under Article 246 of R.O.C. Civil Code, the contract is______ . (A) void (B) reversible (C) revocable (D) unlawful

61 When a corporate issuer wishes to raise money and to offer the securities only to professional investors, such as insurance companies or pension funds, etc., outside of a public offering, we call this offering as ______. (A) gun-jumping (B) private placement (C) public issuance (D) spin-off

62 Which of the following statements regarding sentencing in Taiwan’s Code of Criminal Law is correct? (A) Both retribution and deterrence are the goals of penalties in Taiwan’s Code of Criminal Law. (B) Pursuant to Taiwan’s Constitutional Court Ruling, the recidivist must be punished with an enhanced penalty, which might be up to one and a half times the penalty of the offense committed. (C) Imposing a sentence shall not consider the circumstantial evidence with regard to the defendant’s character, the attitudes after the crime, and the life circumstances. (D) A probation cannot be imposed with additional condition(s).

63 The emergency decree issued by the President shall be presented to the Legislative Yuan for______ within 10 days of issuance. (A) ratification (B) response (C) reconciliation (D) examination

64 In a civil case, any method of resolving disputes without litigation is called______ , including arbitration and mediation. (A) non-litigation adjudication (B) advanced dispute replacement (C) extrajudicial settlement (D) alternative dispute resolution

65 A(An)______ is an agreement between two parties: a principal and an attorney, which gives the attorney rights to act in the principal’s position. For example, a lawyer needs to have her client sign such the agreement before representing the client to speak in court. (A) agency agreement (B) power of attorney (C) authorizing statement (D) contract of empowerment

66 The level of______ essentially dictates the lens through which the court will analyze the governmental action. Its highest level means that the court will not defer to the government for its purpose or method at all. (A) security (B) protection (C) deference (D) scrutiny

67 Which of the following statements regarding sentencing is correct?(A) Sentencing is at the discretion of the prosecutor. (B) Sentencing should be imposed based only on consideration of the material elements of the offense. (C) Sentencing should comply with the proportionality principle. (D) The death penalty can be imposed and executed on juveniles.

68 In the process of electing directors at a shareholders’ meeting, ______is a voting system in which each voter may cast more than one vote for the same candidate, the number of which exercisable in respect of one share shall be the same as the number of directors to be elected, and the total number of votes per share may be consolidated for election of one candidate. (A) cumulative voting (B) straight voting (C) collective voting (D) accumulative voting

69 ABC Co. holds 80% of DEF Co.’s shares. DEF Co., in turn, holds all of GHI Co.’s shares. In the meantime, ABC Co. also holds 60% of JKL Co.’s shares. According to Chapter VI-I on Affiliate Enterprises of Taiwan’s Company Act, which of the following statement is correct? (A) ABC Co. is the controlling company of GHI Co. (B) DEF Co. is the controlling company of JKL Co. (C) JKL Co. is the controlling company of DEF Co. (D) JKL Co. is the controlling company of GHI Co.

70 A basic rule of contracts holds that whether an offer has been made depends on the______ reasonableness of the alleged______ ’s belief that the advertisement or solicitation was intended as an offer. (A) objective, offeror (B) subjective, offeror (C) objective, offeree (D) subjective, offeree