109 年 國立臺北大學法律學系碩士班共同科目《英文》

1. The human resources department ____ thousands of applicants and selected the top 20 candidates for the interview.
   (A) kicks
   (B) reviews
   (C) buys
   (D) lost

2. The smartphone allows people to review the photo right after the picture ____.
   (A) was taken
   (B) took
   (C) take
   (D) taking

3. The new online game is so popular that lots of college students are ____ to it.
   (A) contributed
   (B) fighting
   (C) addicted
   (D) triggered

4. The commission of experts owes the court ____ investigation report for the murder case.
   (A) their
   (B) its
   (C) his
   (D) her

5. The Master of Science program is the degree ____ has always interested Ann.
   (A) which
   (B) in which
   (C) those
   (D) where

6. The government should have the power to impose tax ____ imported goods.
   (A) to
   (B) at
   (C) on
   (D) in

7. In order to serve more students, the school coffee shop will extend its service ____ midnight.
   (A) at
   (B) of
   (C) until
   (D) on

8. Work-life balance is the new trend of the young generation. In specific, they tend to put family ____ their work.
   (A) before
   (B) behind
   (C) beneath
   (D) after

9. ____ my computer is old and slow, it still works pretty well.
   (A) Besides
   (B) Unfortunately
   (C) Although
   (D) Happily

10. The application needs to be filed on Monday ____ 5:30 pm.
    (A) in
    (B) on
    (C) at
    (D) to

11. Tom is a strong person who does not mind ____.
    (A) be laugh
    (B) to laugh
    (C) being laughed at
    (D) laughing

12. Due to the labor strike, today's flights were mostly ____.
    (A) fast
    (B) frustrated
    (C) speed up
    (D) postponed

13. When Eric is in the writing mood, he will put down ____ comes into his head at the moment.
    (A) forever
    (B) whatever
    (C) no matter what
    (D) November

14. ____ the Master of Law program, John is also taking a Master of Music program in the same school.
    (A) In change of
    (B) In the name of
    (C) In addition to
    (D) Even if

15. In a democratic society, people should respect others' ideas even if they do not ____ it.
    (A) agree to
    (B) agree with
    (C) agree together to
    (D) had agreed with

16. Lots of students ____ last night to prepare for the examination.
    (A) lookup
    (B) stay out
    (C) lived up
    (D) stayed up

17. A search warrant will be granted ____ there is a probable cause.
    (A) which
    (B) to where
    (C) whatever
    (D) where

18. Gender equality means woman ____ man should be treated equally in the workplace and the society.
    (A) other than
    (B) in additional to
    (C) unlike
    (D) as well as

19. The professor makes it clear that we should ____ the term paper before Friday.
    (A) turn out
    (B) hand in
    (C) give in
    (D) give up

20. Linda was ____ on the roadside by the police officer for her reckless driving.
    (A) pulled down
    (B) pulled over
    (C) turned down
    (D) pushed down

PART II. Please find the best answer from (A), (B), (C) or (D) to each question. (27%)

1. What is the basic trial system of Taiwan?
   (A) Two Level Three instance System
   (B) Three Level Three instance System
   (C) Two Level Two instance System
   (D) Three Level Four instance System

2. Which one of the following is not considered to be "substantive law?"
   (A) property
   (B) conflict of laws
   (C) constitution
   (D) environmental law

3. Donald ran a red light and hit Nancy while he was test-driving a new coupe. Nancy was injured and hospitalized because of the accident. According to the Taiwan's Civil Code stipulations, which one of the following is incorrect?
   (A) Donald is the tortfeasee and Nancy is the tortfeasor for Donald's tortious act that caused Nancy's injury.
   (B) A causal relationship has been established because of the appropriate causal link between Donald's conduct and Nancy's injury.
   (C) Donald would be legally liable to Nancy without regards to why he was driving.
   (D) Donald is a creditor to Nancy for his tortuous liabilities.

4. After questioning a suspect, the public prosecutor may decide to release the suspect on condition that he provides ____ (certain amount of money) to guarantee his presence if summoned.
   (A) deposition
   (B) warranty
   (C) bail
   (D) pledge

5. ____ is the judicial opinion that disagrees with the disposition made of the case by the court, the facts or law on the basis of which the court arrived at its decision, and/or the principles of law announced by the court in deciding the case.
   (A) plurality opinion
   (B) dissenting opinion
   (C) unanimous opinion
   (D) concurring opinion

6. Creating a false image for an individual or placing him or her in a ____ through publication may be actionable as an invention of privacy whether or not such falsity involves defamation.
   (A) false light
   (B) false imprisonment
   (C) false swearing
   (D) false arrest

7. The trial court ____ that the defendant's car was traveling at eighty miles per hour.
   (A) stated
   (B) held
   (C) explained
   (D) found

8. The common law is judge-made law. When a judge decides a case, the decision attains the status of law, and it becomes a ____ for future legal controversies that are similar.
   (A) persistent
   (B) statute
   (C) ruling
   (D) precedent

9. Which one of the following has the highest standard of burden of proof?
   (A) probable cause
   (B) preponderance of evidence
   (C) beyond the reasonable doubt
   (D) clear and convincing evidence

PART III. Please find the word/phrase best filling in each blank from the words/phrases listed below. (8%)
Article 24, Paragraph 2 of the Statute for Control of Hygiene and Safety of Cosmetics provides that "prior to the publication or broadcast of any advertisements of cosmetics, the trading companies thereof shall first submit to the central, municipal or county (city) competent health authority for its approval all the text, pictures and/or oral statements contained therein; and shall subsequently present the approval letter or certificate to the mass communication institutions concerned for their examination."
And Article 30 of the same statute stipulates that "any person who violates the provisions set forth in Article 24, Paragraph 1 or Article 24, Paragraph 2 hereof shall be imposed a (1) ____ of no more than Fifty Thousand New Taiwan Dollars. If it is a serious violation or a recidivism, the business license or the factory establishment permit may be revoked by the original issuing authority" (the two provisions collectively, hereinafter "the Disputed Provisions"), the Disputed Provisions restrict the freedom of speech of the cosmetic industry and limit the public's right of access to adequate information by subjecting all cosmetic commercials to advance government censorship. In principle, such a _ (2)_ of advertisement shall be presumed

(3) ____ as it significantly infringes upon the free speech right, unless it can pass the constitutional test of proportionality by demonstrating that (I.) such censorship is to prevent direct, immediate and irreversible damages to the lives, bodies and/or health of the people; (II.) the censorship is directly, absolutely and necessarily related to the delivery of the foregoing overriding public interests; (III.) the people are granted with opportunities to obtain prompt judicial ____ (4), so as to conform with the principle of proportionality and the constitutional protection of the freedom of speech.

• Words / Phrases:
  prior restraint
  fine
  compensation
  mortgage
  legal
  standard of review
  reimbursement
  remedies
  prosecution
  abdication
  due process
  justiciable
  unconstitutional
  confirmation

• Words / Phrases:
  prior restraint
  fine
  compensation
  mortgage
  legal
  standard of review
  reimbursement
  remedies
  prosecution
  abdication
  due process
  justiciable
  unconstitutional
  confirmation

PART IV. Translation (15%,英翻中、中翻英)

1. American Bar Association

2. Supreme Court of the State of New York

3. Jurisdiction

4. 陪審團裁決