96年特種考試第一次司法人員考試試題解答

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1 103 年特種考試地方政府公務人員考試試題等別 : 三等考試類科 : 各類科科目 : 法學知識與英文 ( 包括中華民國憲法法學緒論英文 ) 依憲法增修條文第 4 條第 4 項之規定, 立法院經總統解散後, 在新選出之立法委員就職前, 係處於何種狀態? 行政院會議如何組成? 公職王總統於立法院通過對行政院院長之不信任案後, 至多於幾日內, 得宣告解散立法院? 3 日 5 日 10 日 15 日對於職業自由限制, 經由憲法比例原則形成所謂三階說理論進行檢驗例如, 國家規定不得將菸酒販賣給未滿 18 歲之人, 此乃何種限制? 依道路交通管理處罰條例第 37 條規定, 曾犯故意殺人搶劫搶奪強盜恐嚇取財及妨礙性自主等犯罪之人, 不得辦理計程車駕駛人執業登記下列何者並非司法院釋字第 584 號解釋對該條規定所闡述之意見? 合理限制其他相當之工作機會計程車業憲法第 15 條保障人民的財產權, 關於財產權的敘述, 何者正確? 依司法院解釋, 下列關於資訊隱私權之敘述, 何者錯誤? 立法院法律案通過後, 移送總統及行政院, 總統應於收到後至遲幾日內公布 : 5 日 10 日 15 日 30 日依國家賠償法之規定, 國家在下列那一種人員所生之國家賠償責任的責任範圍, 有明顯限制? 共 6 頁第 1 頁

2 我國憲法上關於基本權利保障, 其中何者在大法官憲法解釋中, 曾被稱之為具有憲法保留性質? 依憲法規定下列事項之變更, 何者無須經我國自由地區選舉人投票複決通過 : 下列對修憲之敘述, 何者正確? 下列何者非地方自治團體? 公職王直轄市議員縣 ( 市 ) 議員鄉 ( 鎮市 ) 民代表除現行犯通緝犯外, 在下列何項期間內, 非經直轄市議會縣 ( 市 ) 議會鄉 ( 鎮市 ) 代表會之同意, 不得逮捕或拘禁? 直轄市政府應於會計年度開始, 至遲幾個月前將總預算案送達直轄市議會審議? 2 個月 3 個月 4 個月 6 個月依司法院解釋, 下列何種事項得由法律授權, 以法規命令定之? 下列關於法律種類的劃分, 何者非屬相對應的概念? 下列關於股份有限公司章程之敘述, 何者錯誤? 10 元甲為公務員, 乙非公務員, 下列有關受賄罪之敘述, 何者正確? 甲基於無因管理, 幫乙對丙清償債務事後發現, 其實乙對丙的債務根本不存在, 丙應將所得金錢, 向誰返還? 甲乙丙共有 A 地, 應有部分各為三分之一, 甲以其應有部分設定抵押於庚後, 甲乙丙三人協議分割 A 地下列敘述, 何者正確? A 地分割後, 庚之抵押權當然僅存在於甲所分得之部分共 6 頁第 2 頁

3 甲出租其汽車予乙使用, 租期屆滿後, 甲出售該車於丙, 甲丙合意讓與所有權後, 甲並讓與其對乙之返還請求權於丙下列敘述, 何者正確? 下列何者規定非屬對債權人之保護? 公職 3 個月內提出遺產清冊 2 年內, 從被繼承人受有財產之贈與者, 該財產視為其所得遺產甲與乙訂立 A 畫買賣契約, 價金 2 百萬元, 乙先交付定金 20 萬元, 該畫在交付前因不可歸責於雙方之事由焚燬有關定金之效力甲乙間並無約定, 下列敘述何者正確? 甲乙為夫妻, 未約定財產制, 甲外出工作, 乙為家庭主婦, 兩人離婚時, 乙可向甲請求分配下列何種財產? 依行政程序法與司法院解釋, 下列關於行政程序之敘述, 何者正確? 491 號解釋之意旨, 公務員的免職處分, 固屬行政機關對公務員所為之人事行政行為, 但仍應遵循正當行政程序甲乙為夫妻, 乙遭其夫甲長期毆打, 為尋求庇護, 請求相關單位安置其於庇護所, 不讓甲知其行蹤, 並將其未成年之子丙轉學但甲為找尋乙, 赴丙原學校詢問乙丙之所在, 請問乙得否向法院聲請核發保護令, 禁止甲至學校取得相關資料? 王依據中央法規標準法之規定, 下列何者錯誤? 資訊 3 日起發生效力後, 仍應優先適用 1 個月前, 由原發布機關發布之勞動基準法規定之平均工資係指計算事由發生之當日前, 幾個月內所得工資總額除以該期間之總日數所得之金額? 3 個月 6 個月 9 個月 12 個月勞動基準法第 84 條之 1 有關工時之規定, 下列敘述何者錯誤? 84 條之 1 之人員須經中央主管機關核定公告法有關工資章之適用共 6 頁第 3 頁 84 條之 1 之規定, 亦得排除本

4 Dr. James Lin his entire career to the research of food safety. explored devoted imposed resisted the brave general who sacrificed his life in the war, the city built a statue of him and placed it in front of the City Hall. By means of At the cost of In time of In memory of The official was held in when he was found to be involved in the bribery. custody territory infirmary reservoir Because of the of two major roads, there is always a traffic problem. convergence 公 perception reminiscence optimism 第 35 題至第 39 題為題組 After terrorists struck New York City on September 11, 2001, airport videotapes from Boston revealed a lost opportunity. One of the 35 hijackers, Mohammed Atta, was captured on the security cameras at Boston s Logan Airport just before boarding his flight. What if that camera 36 a computer database with Atta s picture in it? Could security personnel have identified him as a risk and removed him from the plane? 37 of face-recognition technology say yes. It is technically possible, they say, to build a reliable system 職 to pick suspicious people out of a crowd by digitally photographing their faces. The possibility of preventing a terrorist attack by spotting the bad guys is 38. Facerecognition sweeps have been used at football stadiums, in crowded streets, and at airports in the hope of doing just that. The world s best face-recognition device is the human brain. You may wonder, 39, how a mother or father can tell the difference between identical twins. The two children may look exactly the same to you, but the parent has no trouble telling one from the other. Somehow, the parent has focused on small combinations of features that distinguish each child. No matter how hard you try, you cannot see the same patterns. advertised alienated 王 alleged approved being linked to has been linked to had been linked to was linked to Adversaries Opponents Proponents Proprietors dubious exaggerative remote tempting by contrast for example however in addition 第 40 題至第 44 題為題組 Cave men did not live in caves. But some died in them and their 40 thus protected from scavengers and the elements, lasted long enough for palaeontologists to discover and examine them. 41 between 600,000 and 300,000 years ago, quite a few died in La Sima de los Huesos near Burgos, in Spain. The Bone Pit, as the name translates into English, has yielded 6,500 pieces of human skeletons, 42 at least 28 individuals. Who those people were is a matter of 43 --one that shows the difficulty of popping fossils neatly into boxes marked species. They are usually 44 as Homo heidelbergensis, the name given to the first humans who lived in Europe, starting about 600,000 years ago. But they also have features of Homo neanderthalensis (Neanderthal man), a younger species believed to have evolved from heidelbergensis. remainings remains reminders recollections Some time Some timing Sometime Sometimes reducing replacing recording representing fact mistake debate decree 共 6 頁第 4 頁

5 declassified classified catered cared The city council wants traders to sign up to a voluntary code of conduct agreeing not to sell lagers and ciders stronger than 5.5 percent in a bid to stamp out drink-fuelled anti-social behavior. The city council wants traders to voluntarily limit the sale of lagers and ciders to 5.5 percent of their daily businesses in order to reduce cases of anti-social behavior in the city. The city council has asked traders in the city to agree to a proposal that no more than 5.5 percent of lagers and ciders can be sold through bidding for the sake of social 公 order. The city council wants traders to sign a voluntary contract limiting the sale of lagers and ciders that are overpriced so as to reduce anti-social behavior. The city council has made a plan with traders to clear higher-strength lagers and ciders from shop shelves around the city so as to curb antisocial behavior. 第 46 題至第 50 題為題組 Are you a Mac user? For many, home computers have become synonymous with Windows and Bill Gates, but there has always been a loyal band of Apple and Macintosh users 職 whose devotion to the Apple brand and its co-founder Steven Jobs is almost religious. Steven Jobs and Steven Wozniak dropped out of college and got jobs in Silicon Valley, where they founded the Apple Computer company in 1976, the name based on Jobs s favorite fruit. They designed the Apple I computer in Jobs s bedroom, having raised the capital by selling their most valued possessions an old Volkswagen bus and a scientific calculator. The later model, the Apple Macintosh, introduced the public to point and click graphics. It was the first home computer to be truly user friendly, or as their advertisements put it, "the computer for the rest of us." When IBM released its first PC in 1981, Jobs realized that 王 Apple would have to become a more grown-up company to compete effectively. He brought in John Sculley, the president of Pepsi-Cola, to do the job, asking him, "Do you want to just sell sugared water, or do you want to change the world?" Sculley and Jobs began to argue bitterly, however, and after a power struggle, Jobs was reluctantly forced to resign. By 1996 Apple was in trouble due to the dominance of Windows software and the increasing number of PC clones that used it. Jobs, having had great success with his animation studio Pixar, was brought back to the ailing firm for an annual salary of $1, and the company gradually returned to profitability. Apple s computers cost more than most PCs and have a more limited range of software available for them, but their great appeal has been the attention to design, making Apple the cool computer company. The launch of the stunning multicolored imac in 1997, followed by the sleek new imac in 2002, marked the end of the computer as an ugly, utilitarian machine and brought the home computer out of the study and into the lounge. As Steve Jobs put it, "Other companies don t care about design. We think it s vitally important." Apple s fortunes were transformed again with the development of the ipod in 2003 and the iphone in 2007, which soon became must-have gadgets that brought about a boom in Internet music sales and transformed the cell phone industry. And, of course, they were beautifully stylish. Where did the Apple Computer company begin? 共 6 頁第 5 頁

6 New York Chicago Silicon Valley Seattle According to the article, what best describes Jobs s character? vengeful forgetful conservative visionary According to the article, what is the main feature that sets Apple computers apart from PCs? An attention to design A broader range of applicable software A more manageable filing system A lower price 公 According to the article, why did Jobs leave his job? Because he was tired of his job. Because he had a better offer. Because he could not get along with Sculley. Because he could not deal with the stress of running a company. According to the article, which statement best describes Jobs s return to the company? It was welcome by Pepsi-Cola. He came back to save the ailing company. 職 He came back to found Pixar. It was irresponsible and damaging to his career. 王共 6 頁第 6 頁

國立桃園高中96學年度新生始業輔導新生手冊目錄

國立桃園高中96學年度新生始業輔導新生手冊目錄彰化考區 104 年國中教育會考簡章簡章核定文號 : 彰化縣政府 104 年 01 月 27 日府教學字第 1040027611 號函中華民國 104 年 2 月 9 日彰化考區 104 年國中教育會考試務會編印主辦學校 : 國立鹿港高級中學地址 :50546 彰化縣鹿港鎮