105 年度私立天主教輔仁大學財經法律學系研究所碩士班考題
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科  目: 法學英文
年  度: 105
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1. A surge of political parties taking part in the legislative elections have made the ballot for choosing political parties as long as 73 cm long and 15 cm wide, the Central Election Commission (CEC) has said. The CEC said the 18 political parties vying for 34 at-large seats this year are the most since the "single __________, two vote" system was first implemented in 2008. (A) area (B) constituency (C) district (D) county
2. According to American civil procedures, during the period of time after the defendant has filed an answer and before the trial takes place, the parties normally engage in __________. This is a process by which each side learns information which the other side contends are the true facts. (A) arbitration (B) pre-trial conference (C) mediation (D) discovery
3. A(n) __________ is an agreement by which a seller obtains his customer's agreement not to buy another company's competing products. (A) boycott agreement (B) tying agreement (C) exclusive dealing agreement (D) price fixing agreement
4. The vacationing physician Sarah Smith is driving down the highway and finds Joe Circerski lying unconscious on the side of the road. Smith renders medical aid that saves Circerski's life. Although the injured, unconscious Circerski did not solicit the medical aid and was not aware that the aid had been rendered, he received a valuable benefit, and the requirements for a __________ were fulfilled.(A) quasi contract (B) negotiable contract (C) void contract (D) revocable contract
5. In English as well as in American law, if the mode of communication used to convey the acceptance was authorized by the offeror, then the carrier is considered to be the agent of the offeror and the acceptance is effective to create a contract when it is put in the hands of that agent. This rule is called __________ (A) Deposited Acceptance Rule (B) Receipt of the Letter of Acceptance Rule (C) Reality of Consent Rule (D) Irrevocable Rule
6. Under the Uniform Commercial Code, a promise in writing to hold open an offer made between merchants is enforceable for up to 90 days even though it is not supported by __________. (A) compensation (B) court action (C) promisors (D) consideration
7. A contract is illegal if it __________ or tends to induce a public official to deviate from the duty s/he owes to the public or if it __________ to grant the official additional or less compensation than s/he is allowed by law. (A) presumes, presumes (B) incurs, incurs (C) purports, purports (D) alleges, alleges
8. Where a company issues shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount or value of the premium must be transferred to a share premium account, which must be maintained in the same way as capital. Which the following is correct?(A) A company's share premium account must be transferred to the public. (B) A company's share premium account shouldn't be transferred to the public. (C) Shares may not be issued at a discount. (D) Shares may be issued at a discount.
9. __________ occurs when a person is entrusted with another's property and it becomes necessary to do something to preserve that property. (A) Agency of confirming (B) Agency of necessity (C) Agency of estate (D) Agency of del credere
10. Under __________, if a state grants a particular right, benefit or privilege to its own citizens, it must also grant those advantages to the citizens of other states while they are in that country. (A) tariff concession (B) most-favored-nation treatment (C) tariff preferences (D) national treatment
11. A document signed by a carrier or the carrier's representative and issued to a consignor that evidences the receipt of goods for shipment to a specified designation and person is called __________. (A) bill of lading (B) delivery note (C) dispatch order (D) marine invoice
12. A __________ is a separate obligation attached to another contract, to guaranty is performance. (A) trust receipt (B) documentary credit (C) collection agreement (D) collateral security
13. The __________ is the duty of one party in a legal case to convince the decision-maker (judge and/or jury) that their version of the facts is true. (A) benefit of assumption (B) burden of proof (C) reasonable suspicion (D) actus reus
14. The WTO shall have legal personality, and shall be accorded by each of its members such legal capacity as may be necessary for the exercise of its functions; the WTO shall be accorded by each of its Members such privileges and __________ as are necessary for the exercise of its functions. (A) communications (B) immunization (C) immunities (D) indemnification
15. "The purpose for an action for passing off is to prevent one trader from misappropriating the goodwill and reputation which has been built up by another. The above description relates to (A)copy rights (B) trademark rights (C) patents (D) trade secrets
16. The original design of a three-dimensional artistic work such as a sculpture or building will be protected by __________. (A) sculpture right (B) patent (C) graphic work right (D) copyright
17. When any affirmation of fact or promise is made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain, a(n) __________ is created that the goods will conform to the promise or affirmation of fact. (A) modified warranty (B) implied warranty (C) express warranty (D) beneficial warranty
18. The lawyer impugned the defendant's character. The word "impugned" can BEST be replaced by (A) challenged (B) embed (C) sympathized (D) reversed
19. If it says on a negotiable instrument that "I promise to pay on demand AB or order the sum of NT$ 100,000 for the value received" it could be a (A) bill of exchange (B) promissory note (C) cheque (D) dividend warrant
20. The U.S. Constitution guarantees in the Fifth Amendment that no one can "be twice put in jeopardy of life or limb" for the same offense. Thus, once a person has been acquitted, s/he may not be charged again for that crime. Which of the following choices is the best meaning for "jeopardy"? (A) peril (B) reciprocity (C) suretyships (D) liquidity
21. A __________ is a written agreement to repay a loan, usually with interest, within a given time frame. (A) equity security (B) warrant (C) debt security (D) credit note
22. __________ means the total worth of a company's physical assets when it goes out of business or if it were to go out of business. (A) book value (B) cash flow value (C) replacement value (D) liquidation value
23. The insurance company will not entertain the claim if the risk covered is not the __________ of the loss. (A) proximate cause (B) duty of care (C) misrepresentation (D) causation in fact
24. A __________ may be defined as a conveyance of property as security to discharge an obligation. (A) easement (B) estate (C) mortgage (D) real property
25. __________ means the act of process by which a person becomes entitled to the property or property interest of a deceased person. (A) intestate (B) succession (C) heir (D) devisee
26. To terminate the existence of a company, a company shall be __________. (A) dismissed (B) disseminated (C) dissolved (D) disaffirmed
27. Bob filed a __________ with the court to initiate a civil lawsuit with Joan. (A) answer (B) disposition (C) complaint (D) motion
28. Jack was considered to be a suspect and read his Miranda rights, but he __________ his rights by agreeing to speak to the prosecutors. (A) waived (B) voided (C) avoided (D) invalidated
29. Craig hit Susan with his car, and Susan filed a civil lawsuit against Craig. Susan can request __________ from Craig. (A) awards (B) damages (C) rewards (D) fines
30. Which of the following is NOT a class of company set forth in R.O.C. Company Act: (A) Limited Company (B) Company Limited by Shareholders (C) Unlimited Company with Limited Liability Shareholder (D) Unlimited Company
31. Article 14 of the R.O.C. Constitution guarantees the freedom of __________ and association to the people. (A) assembly (B) gathering (C) accompany (D) rallying
32. George was employed by GreatMart and drove long-distance delivery trucks. During one of his drives, he fell asleep and crashed into Henry's car. GreatMart is __________ liable to Henry's injury. (A) mutually (B) vicariously (C) conditionally (D) totally
33. Adam told Brenda that he is willing to sell his car to her for $2000 USD. Brenda made a __________ asking Adam to sell the car to her for $1800USD. (A) offer (B) cross offer (C) counter-offer (D) counterclaim
34. Pursuant to R.O.C. Company Act Article 171, "A shareholders meeting shall, unless otherwise provided for in this Act, be convened by the Board of __________." (A) Executives (B) Officers (C) Administrators (D) Directors
35. Government bonds, company stocks, and corporate bonds are all different types of __________. (A) currencies (B) securities (C) shares (D) listings
36. Which of the following is NOT an official Yuan of the R.O.C.? (A) Administrative Yuan (B) Legislative Yuan (C) Control Yuan (D) Executive Yuan
37. If a shareholder could not attend the shareholders meetings, the use of __________ for attendance will be restricted, enjoined, or regulated. (A) representation (B) proxy (C) substitution (D) delegation
38. __________ clause is a provision in a contract where one or both parties of the contract commit to compensate each other for any harm, liability, or loss arising out of the contract. (A) Remedial (B) Compensation (C) Indemnify (D) Insurance
39. Bill agreed to buy 5 cases of French wine from John, and John delivered the specified 5 cases of French wine to Bill. John's delivery is a perfect __________ conforming to their agreement. (A) tender (B) performance (C) offer (D) acceptance
40. James borrowed money from Mason. Therefore, James is Mason's __________. (A) debtor (B) transferee (C) creditor (D) proprietor
41. Wil1iam is 14 years old and robbed a bank with a group of friends. He was arrested by the police and wil1 be tried at the __________ Court. (A) Young Offender (B) Incapacity (C) Juveni1e (D) Minor
42. One of the first things that President Gerald Ford did when he became the United States president was to __________ his predecessor President Richard Nixon of all offences that incurred during President Nixon's tenure in office. (A) impeach (B) bail (C) recal1 (D) pardon
43. Many people living in the same town with Big Chemical Co. plant suffered health issues from the chemical waste that Big Chemical Co. dumped into the underground water. A __________ lawsuit was brought against Big Chemical Co by all the townspeople suffering health issues. (A) class action (B) punitive (C) compensatory (D) settlement
44. An opinion from the United States Supreme Court creates a __________ that should be followed by the United States federal courts in later cases. (A) precedent (B) ruling (C) decision (D) binding
45. When the __________ has expired, an injured party can no longer bring a lawsuit against the injuring party. (A) statute of repose (B) statute of limitations (C) period of limitations (D) time of limitations
46. Lisa did not know that Danny was selling stolen toys and bought a toy from Danny. Lisa's purchase was made in __________. (A) innocence (B) involuntary (C) good faith (D) fair dealing
47. A __________ company is a company that does not produce any goods or service, and its primary purpose is to own voting stocks to control another company's policies and/or management. (A) holding (B) subsidiary (C) subordinate (D) offshore
48. Grey got lost and walked onto Lisa's land. Because Grey did not get permission from Lisa to enter her land, Grey was considered to be a __________ on Lisa's land. (A) transferor (B) tortfeasor (C) trespasser (D) transferee
49. Leo pointed a gun at Jenny's side and made her commit a robbery with him. Jenny has a defense because her participation was __________. (A) by force majeure (B) by fraud (C) a frustration of purpose (D) by duress
50. Pursuant to Article 184 of the R.O.C. Civil Code, a person who damaged the rights of another person intentionally or __________ shall be responsible for the harm that they caused. (A) unforeseeably (B) mistakenly (C) negligent1y (D) faultily