102年 - 102 專技高考_律師（第一試）：綜合法學（二）法學英文#25983

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 Pursuant to Article 184 of R.O.C. Civil Code, “A person who,______ , has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom.” (A) directly or indirectly (B) legally or morally (C) intentionally or negligently (D) potentially or immediately

57 Based on the evidence presented at trial, the judge(or jury) finds that the defendant breached a variety of duties to the plaintiff. The judge(or jury) also concludes that these breaches were the_______ cause of the portion of the plaintiff’s damages. (A) proximate (B) near (C) fair (D) approximate

58 E filed suit against G and H, and the judge found the defendants jointly and severally liable for E’s injuries in the amount of NT$90,000. Pursuant to Article 185 of R.O.C. Civil Code, which of the following is the correct description of the defendant’s tort liability? (A) E could recover NT$90,000 from each defendant. (B) G and H would be liable for damages based upon their relative fault. (C) Each defendant would be liable for NT$45,000. (D) Both G and H would be liable for NT$90,000.

59 Kanawa, a noted opera singer, is induced by Justin’s fraudulent misrepresentation to contract to sing the leading role in a new production designed for Kanawa at Justin’s opera house in August. Kanawa soon discovers the misrepresentation. According to R.O.C. Civil Code, the contract between Kanawa and Justin is__________ . (A) valid (B) invalid (C) avoidable (D) avoid

60 Brian travels from Taipei to San Francisco. There is a statement on his electronic ticket which provides: “The Airline’s liability to the passenger for any cause or combination of causes shall be, in the total amount, no more than the fees paid under this contract or NT$50,000, whichever is greater.” This kind of clause is commonly referred to as a _________. (A) warranty clause (B) limitation clause (C) indemnification clause (D) exclusion clause

61 The combination of two or more companies, where the original companies cease to exist, a new company arises instead, and where existing stockholders of the original companies retain a shared interest in the new company, is called a _________. (A) merger (B) acquisition (C) hostile takeover (D) asset purchase

62 Where a company that publicly issues shares or corporate bonds suspends its business or there is an expectation that such company will suspend its business due to financial difficulty, but there remains a possibility for such company may be re-constructed or rehabilitated, such company or any of the interested parties may apply to the court for_________ . (A) liquidation (B) consolidation (C) dissolution (D) reorganization

63 Big Corporation owns 95% of Little Corporation’s shares. Little Corporation may be merged into Big Corporation without the approval of the shareholders of either corporation. This type of merger is called _________. (A) short-form merger (B) whale/minnow merger (C) triangular merger (D) de facto merger

64 “During 1990, the New York Stock Exchange (NYSE) traded 39.7 billion shares, while the National Association of Securities Dealers Automated Quotations (NASDAQ) traded 33.4 billion shares. NASDAQ’s phenomenal growth was not envisioned by its founders, who intended it primarily as a quotation system to provide information with respect to securities not considered sufficiently seasoned to list on a securities exchange.” The word “seasoned” can be BEST replaced by the word_________ . (A) flavored (B) experienced (C) salty (D) unprofessional

65 John intentionally burns Mike’s house. What crime has John committed under criminal law? (A) Arson (B) Larceny (C) Perjury (D) Homicide

66 Tory threatens Wang by saying, “Give me $1,000 or I will cut off your ear next week.” What crime has Tory committed under criminal law? (A) Robbery (B) Burglary (C) Extortion (D) Homicide

67 Which of the following is not the duty imposed by the Constitution? (A) The duty of work (B) The duty of paying tax (C) The duty of serving in the military (D) The duty of receiving citizens’ education

68 Pursuant to Article 116 of R.O.C. Code of Civil Procedure, “Parties may submit__________ to the court by telefax or by any other technological devices, and pleadings so submitted shall take full effect as if they were submitted in the original copy.” (A) application form (B) pleadings (C) transcriptions (D) verdicts

69 The examination of a witness goes through up to four stages. Which of the following is correct? (A) The first stage is direct examination, the second stage is redirect examination, the third stage is cross examination, and the fourth stage is recross examination. (B) The first stage is direct examination, the second stage is cross examination, the third stage is redirect examination, and the fourth stage is recross examination. (C) The first stage is direct examination, the second stage is recross examination, the third stage is redirect examination, and the fourth stage is cross examination. (D) The first stage is direct examination, the second stage is cross examination, the third stage is recross examination, and the fourth stage is redirect examination.

70 Article 37 of the R.O.C. Constitution provides that “[t]he President shall…issue mandates with the counter-signature of the president of the Executive Yuan…” Which of the following orders is not an exception to such counter-signature requirement pursuant to Article 2 of the Additional Articles of the Constitution? (A) To appoint or remove from office the president of the Executive Yuan. (B) To appoint personnel which required by the Constitution to be confirmed by the Legislative Yuan. (C) To confer honors and decorations. (D) To dissolve the Legislative Yuan.

申論題 (0)