96年特種考試第一次司法人員考試試題解答

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羞度终经
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1 104 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 ) 下列何者不屬於中央與地方權限衝突時法制解決之可能途徑? 依憲法規定, 學齡兒童一律受 : 依司法院釋字第 396 號解釋之見解, 下列何者和正當法律程序無關? 依據憲法增修條文第 10 條第 6 項規定, 國家應維護婦女之下列何項基本權利, 保障婦女之人身安全, 消除性別歧視, 促進兩性地位之實質平等? 憲法第 152 條規定 : 人民具有工作能力者, 國家應予以適當之工作機會本條規定之性質為下列何者? 下列何種行為, 不符憲法保障宗教自由之意旨? 而設置服替代役之制度下列何者不得聲請司法院大法官解釋法令違憲? 下列有關請願之敘述, 何者錯誤? 利關於國家賠償之敘述, 下列何者正確? 關於公職人員之罷免, 下列敘述何者正確? 4 年內不得為同一公職人員選舉之候選人 1 年內不得對該被罷免人再提出罷免案下列何者不屬於人民選舉權之要件? 20 歲目前僑居國外之中華民國自由地區人民, 如何選舉總統副總統? 共 6 頁第 1 頁

2 依憲法增修條文規定, 對行政院院長提出不信任案, 若未獲通過, 對同一行政院院長可否再提不信任案? 1 年內不得再提 2 年內不得再提依據憲法增修條文第 3 條規定, 下列何者並非立法委員所應質詢之對象? 共 6 頁第 2 頁依司法院釋字第 530 號解釋之意旨, 何者應成為我國最高審判機關, 方符制憲本旨? 倘企業經營者消費者訂立定型化契約前, 未給予消費者 30 日以內之合理期間, 審閱全部條款內容, 其法律效力為何? 定型化契約條款不構成契約之內容, 但消費者得主張該條款仍構成契約之內容定型化契約條款構成契約之內容契約無效契約效力未定育有一子 (1 歲 ) 之 A 女於員工 35 人之律師事務所擔任秘書之工作, 任職已 3 年近日因丈夫失業, 婆婆又出重大車禍需要有人親自照顧而蠟燭兩頭燒, 依性別工作平等法之規定,A 女可向其雇主提出下列何項請求? 請家庭照顧假調整工作時間育嬰留職停薪 1 年每天減少工作時間 1 小時, 減少之工作時間工資照給有關我國勞動基準法對於勞動契約之敘述, 下列何者錯誤? 雇主不得以強暴脅迫拘禁或其他非法之方法, 強制勞工從事勞動雇主對於勞工不履行勞動契約, 不得請求損害賠償任何人不得介入他人之勞動契約, 抽取不法利益雇主不得預扣勞工工資作為違約金或賠償費用下列有關著作權之敘述, 何者正確? 著作權應受有絕對保護, 所謂合理使用應付費後始得主張著作權之侵害屬於告訴乃論罪, 一經告訴即無法和解於網路上轉貼著作, 使公眾得為瀏覽之行為, 涉及重製及公開傳輸權對於自己之著作自行公開發表後, 因受他人邀請參加研究時再次全文引用, 係構成著作權侵害之自我抄襲行為公司於設立登記前, 發起人就公司設立所生之法律關係, 除公司法另有規定外, 應屬於下列何種關係? 合夥信託寄託委任下列何者非屬包括一罪? 接續犯職業犯想像競合犯集合犯關於刑法第 129 條第 2 項抑留剋扣應發款物罪之敘述, 下列何者錯誤? 本罪在主觀要件上以行為人明知為限本罪之主體限於有發放職務之公務員若已發一部分則不構成本罪之抑留剋扣本罪以基於公法上應發給之義務為限下列何者為要約? 價目表之寄送刊登出售房屋之廣告徵人啟事貨物標定賣價陳列甲以價金 2 百萬元出售清朝青花瓷花瓶一只於乙, 然花瓶在交付前一日, 因強震滅失關

3 於甲乙間之法律關係, 下列敘述何者正確? 乙得請求甲交付花瓶乙得請求損害賠償甲得請求乙補償損害乙得拒絕支付價金 2 百萬元甲男乙女已成年, 請問下列何種行為僅須兩人之合意即生效力? 訂婚結婚離婚出養兩人所生子女權利失效原則為下列何種法律原則之下位概念? 比例原則誠實信用原則法律保留原則明確性原則有關信賴保護原則所應具備之要件, 下列何者錯誤? 信賴基礎信賴值得保護信賴期待信賴表現依據下列何種方式所論斷之事實公, 如有反證, 得據以推翻之? 擬制推定視為視同依中央法規標準法之規定, 下列敘述何者錯誤? 法律應經立法院通過, 總統公布應以法律規定之事項, 不得以命令定之各機關依其法定職權或基於法律授權訂定之命令, 應視其性質分別下達或發布, 並即送行政院法律不得牴觸憲法, 命令不得牴觸憲法或法律, 下級機關訂定之命令不得牴觸上級機關之命令有關違反法律所生效果之敘述, 下列何者錯誤? 職刑事責任包括刑罰及管收處分等民事責任包括損害賠償及宣告解散等行政責任包括懲處及罰鍰等沒入屬行政法之範圍, 沒收屬刑法之範圍 Montreal International Jazz Festival, now in its 35th year, was originally an to summer boredom. Although the President has been frequently criticized for making politically incorrect remarks, one human quality upon which even his critics is his of racism. 王 The Customs Officer is using an electronic instrument to metal objects on passengers. Electronic-waste contains significant amounts of valuable, such as silver, gold, and copper. The witness before a grand jury that the defendant ran out of the house after a gunshot. Despite the popularity of English, the language persisted in New Zealand until the Second World War when a large-scale urbanization began. The Maori language maintained its post-war dominance despite the urge to use English. People stopped using the Maori language when they joined the Second World War. The Second World War failed to change the language structure of New Zealand. 共 6 頁第 3 頁

4 第 37 題至第 41 題為題組 The digital lifestyle is far from being 37. Mobile computing, hand-held gadgets and wireless communications all add up to an active on-the-to approach to life, made more fun and more productive through technology. A look at the digital lifestyle wouldn t be complete 38 considering NTT DoCoMo s latest endeavors. The i-mode service continues to reign 39 as the world s most popular mobile internet service, providing and Internet access to more than 46 million 40. The company is focusing increasingly on transforming the mobile phone into a lifestyle infrastructure. Its Osaifu- Ketai service, which gives 公 phones wallet-like functions, leverages the convenience of the handset with cashless 41 for everything from riding the train to shopping. A few years ago, you wouldn t leave home without your plastic credit cards. In today s digital world, it is our mobile phones and other hand-held gadgets we won t leave home without. escalating 職第 42 題至 46 題為題組 In earlier time periods, the absence of dramatic transition to adult life allowed a more intensive interaction among different age groups within the family and the community, thus providing a greater sense of continuity and interdependence among people at various stages of life. But, as greater differentiation in stages of life began to develop, social and economic functions became more closely related to age, and the ages of family members became more streamlined, a greater segregation between age groups emerged. The major changes that 王 have led to the isolation of older people in society today were rooted not so much in changes in family structure or residential arrangements, as has generally been argued, as in the transformation and redefinition of family functions and values. Under the impact of industrialization, the family surrendered many of the functions previously concentrated within the household to other social institutions. The retreat and growing privatism of the modern middle-class family led to the drawing of sharper boundaries between family and community and intensified the segregation of different age groups within the family, leading to the elimination of older people from visible family roles. The transfer of social-welfare functions, one concentrated in the family, to institutions in the larger society further contributed to the segregation of older people. The care of dependent, sick, delinquent, and elderly members of the community, which had been considered part of the family s obligation in the pre-industrial period, was gradually transferred to specialized institution such as asylums and reformatories. The family ceased to be the only available source of support for its dependent members, and the community ceased to rely on the family as the major agency of welfare and social control. Why did people in the earlier period have a better familial interaction and a greater sense of interdependence than people in today s society? 共 6 頁第 4 頁

5 -defined role to play. Which of the following statement about the effects of the growing modern middle-class family is NOT true? 共 6 頁第 5 頁 It caused the disappearance of clear roles played by older people within the family. Which of the following is NOT a real factor that contributes to the isolation of older people in modern society? -class family ly obligation to social institution According to the passage, which of the following is a possible way to reduce the sense of isolation of older people? itional family -welfare function Which of the following word is closest in meaning to segregation? n 第 47 題至第 50 題為題組 We crave chills. It s why we get a rush when we see Jason take his axe to some unsuspecting teen in Friday the 13th or why we can t seem to look away when Carrie, dripping with pig s blood, sets her high-school class on fire. The real question is: why do we pay for the pleasure of being scared On this, there are various schools of thought. Some believe that fans of horror (be it movies or books) don t actually experience fear, but are excited instead, while others believe that people are willing to endure the terror because they know there is no real threat, that they are essentially safe. Still others feel that moviegoers are willing to be scared in order to feel a sense of relief at the end. Whatever the reason, movie studios like Seven Arts Pictures, a Los Angeles-based indie move production company, are counting on customers who are willing to pay to be frightened, by releasing a horror movie like Night of the Demons. In the movie, three friends attend a party held in a mansion where, years prior, six people disappeared and the owner hung herself. We think that people have a fascination with the dark side, said Peter Hoffman, CEO of Seven Arts. So even though a horror movie might be illogical on an intellectual level, people still like to be uncomfortable on an emotional level. It s about people facing their fears, he added. This explanation makes sense and explains why we keep creepy haunted houses busy at Halloween, why we tell ghost stories around the campfire and why we turn out for horror movies like they were giving away free popcorn. It s because we like it. According to the passage, which of the followings is NOT a reason for horror movie s popularity? ly excited.

6 According to the passage, which of the following statements is NOT true? What does the statement we turn out for horror movies like they were giving away free popcorn imply? The level of uncomfortable feelings that the audience experience is amazingly high. Which one of the following is a suitable title for this passage? ing Audience 共 6 頁第 6 頁

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