103年 - 103年公 務 人 員 特 種 考 試 司 法 官 考 試-法學英文#25252

科目：法學英文 | 年份：103年 | 選擇題數：15 | 申論題數：0

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所屬科目：法學英文

選擇題 (15)

56 Alvin is a truck driver employed by Tasty Drink Inc. When Alvin delivers goods to a customer, he falls asleep and hits a pedestrian, Linda. Under Article 188 of R.O.C. Civil Code, Tasty Drink Inc. is ______liable for Linda’s injuries. (A) individually (B) jointly and severally (C) mutually (D) separately
57 Tom wants to have sex with Mary and locks her in his bedroom for two hours, hoping that Mary will agree. Finally, Tom lets Mary go for her refusal to agree. This is______ , because Tom has intentionally confined Mary. (A) fraud (B) false imprisonment (C) gross negligence (D) rape
58 A contract to sell someone a slave for NTD1,000,000 could not be enforced at law because the contract was entered into______ . (A) against public policy (B) out of mistake (C) under duress (D) short of meeting of the minds
59 According to Article 389 of R.O.C. Code of Civil Procedure, the court shall on its own initiative render an order for ________to a judgment which is entered based on the defendant’s admission of the plaintiff’s claim. (A) provisional execution (B) preliminary injunction (C) production of documents (D) in camera inspection
60 Which of the following is NOT a duty of a company supervisor? (A) To supervise the execution of business operations of the company (B) To examine the accounting books and documents (C) To investigate the business and financial condition of the company (D) To act concurrently as a director or managerial officer of the company
61 In a_____ suit, shareholders are bestowed a right to sue directors on behalf of the corporation to enforce rights of corporation. (A) direct (B) deprived (C) deranged (D) derivative
62 “Scalping” is a practice in which an investment advisor publicly recommends the purchase of securities without disclosing its practice of purchasing such securities before making recommendation and then selling them at a profit when the price rises after the recommendation is disseminated. Therefore, scalping is a practice attacked by the competent authority as a violation of securities law similar to a _______. (A) bribery (B) fraud (C) mistake (D) robbery
63______ means stock which has been issued as fully paid to stockholders and subsequently reacquired by the corporation to be used by it in furtherance of its corporate purpose. (A) Preferred stock (B) Treasury stock (C) Common stock (D) Special stock
64 Before interrogating, an accused shall be informed of a few items under R.O.C. Code of Criminal Procedure. Which of the following is NOT included in such information-giving process? (A) That the accused is suspected of committing certain offense(s), and all of the offense(s) so charged shall be informed (B) That the accused may remain silent and does not have to make a statement against his/her own will (C) That the accused may retain defense attorney(s) (D) That the accused may make a telephone call to inform his/her family
65 Which of the following statements is UNTRUE for the settlement during the court proceedings? (A) Where settlement is reached, a settlement transcript shall be made (B) The parties shall finish the settlement before the end of oral argument of the second instance (C) Where both parties are close to reach a settlement, they may move the court, the commissioned judge or the assigned judge for a settlement proposal within the scope specified by the parties (D) Where there is a prospect for the parties to reach settlement, but a party has difficulty to appear in person, the court, the commissioned judge, or the assigned judge may, on motion or on its own initiative, make a settlement proposal
66 Which is the best term for the effect of the court’s final judgment on the merits that is conclusive as to the rights of the parties on the cause of action? (A) exclusionary rule (B) stare decisis (C) precedent effect (D) claim preclusion
67 Which of the following statements regarding Control Yuan is INCORRECT? (A) Members of the Control Yuan shall be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law (B) No Member of the Control Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan (C) The Control Yuan may, in the exercise of its powers of control, request the Executive Yuan and its Ministries and Commissions to submit to it for perusal the original orders issued by them and all other relevant documents (D) No Member of the Control Yuan shall concurrently hold a public office or engage in any profession
68 According to Article 1 of the R.O.C. Criminal Code, which one of the following statements is INCORRECT? (A) Retroactive crime definition is prohibited (B) A conduct is punishable only when expressly so provided by the law at the time of its commission (C) No one should be punished for a crime that has not been defined in advance (D) A conduct is punishable only when expressly so provided by the law at the time of judgment
69 Accessory punishment “deprivation of citizen’s rights” under R.O.C. Criminal Code DOES NOT include the deprivation of_______ . (A) qualification for being a public official (B) qualification of becoming a candidate for public office (C) qualification of exercising citizen’s right to vote (D) qualification of becoming a candidate for a city mayor
70 Liability for insider trading can be imposed on persons who owe fiduciary duties to those with whom they trade. Please identify which of the following involves constructive insiders. (A) Corporate executive officers (B) Corporate outside directors (C) Corporate outside legal counsels (D) Corporate supervisors

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