5. Habeas Corpus

6. Statute of Frauds

7. Fiduciary Duty

8. Forum non conveniens

二、英翻中 (每題 20 分，60%) 1. “The insanity defense sits at the juncture of medical views of mental illness and moral and legal theories of criminal culpability—two areas of conflict and change. Small wonder that no particular test of insanity has developed into a constitutional baseline. And it is not for the courts to insist on any single criterion moving forward. Defining the precise relationship between criminal culpability and mental illness requires balancing complex considerations, among them the workings of the brain, the purposes of criminal law, and the ideas of free will and responsibility. This balance should remain open to revision as new medical knowledge emerges and societal norms evolve.”

2. “The issue of same-sex equality has deeply polarised society. Taiwan’s constitutional court made a landmark ruling in 2017 to legalise gay marriage and ruled its decision should be implemented within two years. Conservative and religious groups mobilised to oppose amending the civil code and won a series of referendums last November in which voters rejected defining marriage as anything other than a union between a man and a woman. Same-sex couples could currently only adopt their partners’ biological children and could only marry foreigners from countries where gay marriage is also recognised.”

3. “Countries dealing with the economic and public health-related impacts of COVID-19 have adopted a markedly nationalist approach to their response. More than 80 governments have placed restrictions of some sort on the export of personal protective equipment and medication necessary to treat those affected by the virus. Bans or explicit limits on the quantity of a good which may be exported or imported are Quantitative Restrictions, covered directly by Art XI of the General Agreement on Tariffs and Trade (GATT). As a general rule, Art XI disallows such measures, directly affecting the legality of the export bans and limits introduced in response to COVID-19. This rule, however, is subject to exceptions contained in four provisions of the GATT itself – Art. XI:2, Art. XII, Art. XX and Art. XXI.”

一、何謂「B 型企業」？請舉一例說明 B 型企業的經營模式？又有何優缺點？(10%)

二、何謂行銷學上的「STP」？請以華碩即將推出的電競手機為例，說明你的 STP 行 銷策略(10%)。

三、何謂「刮脂定價」(price skimming)？何謂「滲透定價」(penetration pricing)？並請 舉例說明貴公司(流行服飾或電腦或餐飲業等)何時會採取上述兩種策略？(10%)

(一)請以 SWOT 分析，什麼是華碩電腦的優勢與劣勢？創新機會與挑戰又在哪裡？

110年 - 110東吳大學_碩士班招生考試_法律學系︰法學英文#100031

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