106 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: 106
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Choose the BEST answer!(每題 2 分)
1. When Steve's grandfather was 70 years old, he drafted a _________ to split up his properties and money among his beneficiaries.
(A) trust (B) will (C) inheritance (D) testimony

2. According to Article 1 of the _________ Act, the statute is formulated to encourage, protect and utilize the creations of invention, utility model and design in order to promote industrial development.
(A) Patent (B) Patient (C) Trademark (D) Copyright

3. Jane sued Joe for injuring her in a car accident. Jane and Joe would be considered to be _________ in a lawsuit.
(A) appellants (B) defendants (C) parties (D) offenders

4. Civil Code Article 16 provides,“No one shall be permitted to _________ his legal capacity or capacity to make juridica1 acts.”
(A) waive (B) invalidate (C) relinquish (D) surrender

5. R.O.C. Constitution Article 7 provides,“All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be _________ before the law."
(A) equal (B) free (C) same (D) identical

6. Under Taiwan Code of Civil Procedure, various pleadings would need to be _________ to the litigants.
(A) serviced (B) served (C) sent (D) scheduled

7. A person with an insurance contract would need to pay _________ to the insurance company.
(A) benefit (B) dividend (C) premium (D) fee

8. Which one of the following is an official Yuan of the R.O.C.?
(A) Evaluation Yuan (B) Administrative Yuan (C) Supervision Yuan (D) Control Yuan

9. Which one of the following legal term has a different meaning from the other legal terms?
(A) real estate (B) real property (C) chattel (D) land

10. Trademark Act Article 2 provides,“Any person who wishes to obtain the rights of trademark, certification mark, or collective trademark shall apply for _________ therefor in accordance with this Act.”
(A) authorization (B) filing (C) recording (D) registration

11. Generally speaking, the _________ of a civil lawsuit is determined by the domicile or resident of the defendant.
(A) authority (B) district (C) administration (D) jurisdiction

12. Article 276 of the Criminal Code of R.O.C. provides,“A person who negligently causes the death of another shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two thousand yuan.”The best term for this crime is:
(A)homicide (B) manslaughter (C) mmurder (D) assassination

13. The Company Act provides that the “responsible persons" for limited company or company limited by shares are the _________.
(A) shareholders (B) managers (C) executives (D) directors

14. Maritime Act Article 94-101 governs the situation when ships crash into each other, and there is a _________ between ships.
(A) collision (B) collapse (C) shipwreck (D) seizure

15. Gary hit Bill and broke bill's hand. Bill has a civil claim of _________ against Gary.
(A) assault (B) battery (C) attack (D) beating

16. According to Taiwan Code of Civil Procedure Article 403, certain civil cases must undergo _________ before an action could be initiated at court.
(A) intervention (B) mediation (C) arbitration (D) reconciliation

17. Sue told Jack that she would like to sell 100 apples to him for NT$1000. Jack thought for two days, but before Jack could agree to the price, Sue _________ her offer by telling Jack that she was no longer selling the apples.
(A) renegotiated (B) reconsidered (C) refuted (D) revoked

18. Company Act Article 25 provides,“A dissolved company in the process of _________ shall be deemed as not yet dissolved."
(A) liquidation (B) bankrupt (C) merger (D) reorganization

19. Joe drove the car that injured JilI. Joe is Jill's _________.
(A) tortfeasor (B) tortfeasee (C) c1aimant (D) applicant

20. Fanny bought a car from Frank, but she did not know that the car was a strlen car. Fanny bought the car in _________.
(A) honor (B) honesty(C) good faith (D) good will

21. Under the Company Act, the Articles of _________ is an important document used for determining the internal structure of a company,
(A) Association (B) Corporation (C) Affiliation (D) Incorporation

22. Many voters said that they did not to vote in the presidential _________ because their one vote would not change anything.
(A) election (B) campaign (C) polls (D) appointment

23. The seller provides _________ to the customers, and th ecustomers can return the product if there is something wrong with it.
(A) certificate (B) warranty (C) guarantee (D) assurance

24. Lisa was 9 years old when she hit Chris's legs with her bicycle. Chris was seriously injured. According to the R.O.C Civil Code, Lisa and her parents are _________ liable for Chris's injury.
(A) collectively (B) vicariously (C) negligently (D) jointly

25. Which of the following is NOT a description of negligence under Criminal Code of R.O.C.:
(A) A conduct is committed negligently if the actor fails, although not intentionally, to exercise his duty of care that he should and could have exercised in the circumstances.
(B) A conduct is considered to have been committed negligently if the actor is aware that his conduct would, but firmly believes it will not, accomplish the element of an offense.
(C) A negligent conduct is punishable when it could be inferred by the statute.
(D) A negligent conduct is punishable only if specifically so provided.

26. _________ is a company organized by two or more shareholders who bear unlimited joint and several liabilities for discharge of the obligations of the company.
(A) An Unlimited Company (B) A Limited Company
(C) An Unlimited Company with Limited Liability Shareholders (D) A Partnership

27. _________ is a company organized by one or more shareholders, with each shareholder being liable for the company in an amount limited to the amount contributed by him.
(A) An Unlimited Company (B) A Limited Company
(C) An Unlimited Company with Limited Liability Shareholders (D) A Partnership

28. _________ is a company organized by one or more shareholders of unlimited liability and one or more shareholders of limited liability; among them the shareholder(s) with unlimited liability shall bear unlimited joint liability for the obligations of the company, while each of the shareholders with limited liability shall be held liable for the obligations of the company only in respect of the amount of capital contributed by him.
(A) An Unlimited Company (B) A Limited Company
(C) An Unlimited Company with Limited Liability Shareholders (D) A Partnership

29. The _________ of a company is the location of its head office.
(A) discovery (B) dispute (C) dissolution (D) domicile

30. The head office is the _________ office first established according to law to take charge of affairs of the entire organization.
(A) private (B) proximate (C) principal (D) prior

31. A _________ office is subject to the control of the head office.
(A) breach (B) branch (C) bankrupt (D) bail

32. The capital amount of a company applying for registration of incorporation shall be audited by an independent certified _________.
(A) public policy (B) public prosecutor (C) public accountant (D) public nuisance

33. The managerial officer or liquidator of a company, the promoter, supervisor, inspector, reorganizer or reorganization supervisor of a company limited by shares acting within the scope of their duties, ard _________ of a company.
(A) responsible persons (B) reasonable person (C) bidders (D) persons of no capacity

34. No company may use a _________ which is identical with that of another company.
(A)corporate name (B) corporate shareholder (C) nominal capital (D) common stock

35. A company may conduct any _________ that is not prohibited or restricted by the laws and regulations, except for those requiring special approvals which shall be explicitly described in the Articles of Incorporation of the company.
(A) business (B) bargain (C) bailiff (D) bylaws

36. A company may not conduct its business operations or commit any juristic act in the name of its company, unless it has completed the procedure for company incorporation _________.
(A) report (B) representation (C) rescission (D) registration

37. The responsible person of a company shall exercise the _________ of a good administrator in conducting the business operation of the company; and if he/she has acted contrary to this provision, shall be liable for the damages to be sustained by the company there-from.
(A) domicile (B) democracy (C) duress (D) due care

38. A dissolved company shall be _________, unless such dissolution is caused by consolidation or merger, split-up, or bankruptcy.
(A) liquid (B) liquidated (C) liquidated damages (D) liquidation

39. Any and all public announcements to be made by a company shall be published in a _________ place on a daily newspaper circulating in the municipality or county (city) wherein the company is located, except for the public offering companies subject to the provisions otherwise stipulated by the securities and exchange control authority.
(A) convincing (B) conspicuous (C) copyright (D) controversial

40. Where service of any official document which should be served to a company cannot be executed for any reason, such official document may be served on the responsible person of the said company, If the service still cannot be executed, a _________ of such official document may be made instead.
(A) public notice (B) public offering (C) public necessity (D) public tender offer

41. Any modification or _________ in the Articles of Incorporation of a company shall be agreed upon by all of the shareholders.
(A) alteration (B) assumption (C) acquisition (D) apprehension

42. A company, unless losses have been covered, shall not make distribution of _________.
(A) surplus profit (B) subject matter (C) state statutes (D) secondary market

43. A company may conduct any _________ that is not prohibited or restricted by the laws and regulations, except for those requiring special approvals which shall be explicitly described in the Articles of Incorporation of the company.
(A) business (B) bargain (C) bailiff (D) bylaws

44. Upon colse of each fiscal year, the directors shall prepare various reports and financial statements and shall send them to all shareholders for their _________.
(A) approval (B) appeal (C) assets (D) advocate

45. A _________ may appoint a proxy to attend a shareholders' meeting in his/her/its behalf by executing a power of attorney printed by the company stating therein the scope of power authorized to the proxy.
(A) promoter (B) employee (C) vendor (D) shareholder

46. _________ adopted at a shareholders' meeting shall be recorded in the minutes of the meeting, which shall be affixed with the signature or seal of the chairman of the meeting and shall be distributed to all shareholders of the company within twenty days after the colse of the meeting.
(A) Remedies (B) Real property (C) Registration statements (D) Resolutions

47. The _________ of shareholders' meeting shall record the date and place of the meeting, the name of the chairman, the method of adopting resolutions, and a summary of the essential points of the proceedings and the results of the meeting.
(A) memorandum of association (B) merger agreement (C) minutes
(D) minimum contact

48. In case the shareholders' meeting of a company resolves to institute an _________ against a director, the company shall, within 30 days from the date of such resolution, institute the action.
(A) action (B) assignment (C) acquittal (D) attempt

49. Only after all the statements and records of aωounts have been approved by the meeting of shareholders shall directors and supervisors be deemed to have been 企om their liabiliti巴:s, except in the event of any unlawful conduct on the part of directors or supervisors.
(A) disclosed (B) dissolved (C) dismissed (D) discharged

50. A resolution for dissolution, consolidation or merger, or split-up of a company shall be adopted by a _________ vote at a meeting of shareholders attended by shareholders representing two-thirds or more of the total number of the outstanding shares of the company.
(A)majority (B) minority (C) malicious (D) mutual


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