115 年 國立臺北大學法律學系碩士班公法組《英文》

Part I. Choose the best answer (2 points for each question. 30 points in total.)

1. The HR manager works ______ the fourth floor of the headquarters building.
   (A) in
   (B) on
   (C) at
   (D) to

2. The operating system is ______ experiencing minor issues, despite several updates.
   (A) already
   (B) even
   (C) still
   (D) only

3. Please place the signed contract ______ my desk before noon.
   (A) to
   (B) into
   (C) on
   (D) at

4. The training session will take place ______ the main conference room.
   (A) where
   (B) upon
   (C) in
   (D) to

5. She is responsible for ______ training sessions for new employees.
   (A) organized
   (B) to organize
   (C) organizing
   (D) organize

6. The email was sent to the manager, ______ the right to make final decision belongs.
   (A) who
   (B) whom to
   (C) to whom
   (D) whom

7. The new policy applies ______ all full-time employees.
   (A) to
   (B) for
   (C) with
   (D) on

8. The company discussed ______ flexible working hours policy to improve employee satisfaction.
   (A) introducing
   (B) be introduction
   (C) to introduce
   (D) introduced

9. The manager had the secretary ______ the meeting minutes before sending them to the board.
   (A) prepare
   (B) to prepare
   (C) prepared
   (D) preparing

10. The approaching deadline made the team ______ overtime to finish the project on time.
    (A) work
    (B) to work
    (C) worked
    (D) working

11. The company ______ the broken equipment fixed within two days to avoid further delays.
    (A) got
    (B) of
    (C) did
    (D) let

12. ______ the project was behind schedule, the team managed to deliver it on time.
    (A) Because
    (B) Although
    (C) However
    (D) Therefore

13. ______ the company failed to meet its annual sales target, no layoffs were announced this year.
    (A) Although
    (B) In spite of
    (C) Despite
    (D) However

14. ______ working remotely for most of the year during Covid-19, the employee remained highly productive.
    (A) Whomever
    (B) Despite
    (C) In spite
    (D) Although

15. The team has ______ completed the first phase of the research model and will move on to the next step next month.
    (A) only
    (B) even
    (C) still
    (D) already

Part II. Translation test (2 points for each question. 20 points in total.)

1. Separation of Powers:

2. Void Judgement:

3. Political Question Doctrine:

4. Labor Picketing:

5. Tort:

6. Force Majeure:

7. Judicial Restraint:

8. Stare Decisis:

9. Good Faith Bargaining:

10. Employment Discrimination:

Part III. Please choose the best explanation for each underlined word. The text is abridged from a PBS NEWS article. 2 points for each question, 30 points in total.

The Supreme Court, in a ruling issued Thursday, (1)validated the Trump administration's policy (2)discretion to curtail federal funding for Diversity, Equity, and Inclusion (DEI) research programs. The court split 5-4 on the decision. The order allows the administration to forge ahead with canceling hundreds of grants while the lawsuit continues to unfold. The (3) plaintiffs, including states and public-health advocacy groups, have argued that the cuts will (4)inflict "incalculable losses in public health and human life." The Justice Department, meanwhile, has said funding decisions should not be "(5)subject to judicial second-guessing" and efforts to promote policies referred to as DEI can "conceal insidious racial discrimination."

1. To validate: (A) To confirm the factual accuracy of a policy (B) To formally recognize a policy as legally permissible (C) To endorse a policy as politically necessary (D) To declare the policy immune from future legal challenge.

2. Discretion: (A) Statutory duty to follow congressional instructions (B) Power to act without any constitutional limitation (C) Latitude to make judgment-based decisions within legal bounds (D) Authority derived solely from prior judicial approval.

3. A plaintiff: (A) Someone who defends federal policy against constitutional attack (B) Someone who initiates legal proceedings to challenge government action (C) Someone who intervenes to provide expert testimony (D) Someone who reviews agency decisions for compliance.

4. To inflict: (A) To carefully calculate (B) To cautiously prevent (C) To cause something harmful to happen (D) To publicly announce.

5. To be subject to: (A) To be dominant in something (B) To be determined by something (C) To be the author of something (D) To be accompanied by something.

6. Solicitor General: (A) A judge on the Supreme Court (B) A public-interest lawyer specializing in government-related affairs (C) The government's chief advocate before the Supreme Court (D) A congressional committee chairperson overseeing whether federal policies comply with constitutional norms.

7. A precedent: (A) A future prediction about court rulings (B) A prior judicial decision used as authority (C) A political agreement between parties (D) Evidence of political consistency across administrations.

8. To be distinguished: (A) To be highly valued or seen as authoritative in law (B) To be prima-facie similar but legally noncomparable (C) To be identical in purpose but different in scale (D) To be functionally interchangeable from a legal perspective.

9. A dissent: (A) A unanimous opinion of the Court (B) A procedural objection to the Court's preliminary ruling (C) An individual opinion disagreeing with the majority (D) A lower court judgment in response to a higher court's judgment.

10. An emergency appeal: (A) A routine request for the Court to open a retrial (B) The Court's ordinary process for granting certiorari (C) An expedited request for immediate relief (D) A preliminary review focused solely on jurisdictional questions.

The Court's opinion signals a heightened posture of (11)judicial deference toward executive action in the domain of federal spending. This approach narrows the scope of (12)justiciability in challenges to funding-based policy shifts, thereby limiting courts' capacity to (13)scrutinize executive actions and offer (14)remedies. From a comparative perspective, this stance stands in marked contrast to the approach taken in several other constitutional systems, particularly in European administrative law. In those systems, courts commonly engage in structured assessments, such as (15)proportionality, even when governments invoke policy discretion.

11. Judicial deference: (A) Courts independently substituting their judgment for that of the executive (B) Courts declining to hear cases involving political questions (C) Courts giving weight to the executive's interpretation or policy choices within its authority (D) Courts making distinctions between federal and state affairs.

12. To be justiciable: (A) To raise moral or ethical concerns of public importance (B) To involve a dispute that courts are institutionally competent and authorized to resolve (C) To concern executive decision-making rather than legislative action (D) To be likely to succeed on the merits in a court proceeding.

13. To scrutinize: (A) To accept the executive's reasoning (B) To conduct a detailed examination (C) To review procedural compliance (D) To assess the political popularity of a legal controversy.

14. Remedies: (A) Legislative corrections enacted after a court decision (B) Political compromises reached between branches of government (C) Judicial orders or relief designed to address or correct a legal violation (D) Advisory opinions issued without binding force.

15. Proportionality: (A) Government's actions reflecting majority public opinion (B) Government's measures supported by explicit legislative authorization (C) Government's interference that is connected to a legitimate aim and does not impose excessive burdens (D) Government's policies aligning with the principle of previous judicial cases.

Part IV. Please fill in blanks (1)-(10) with the most suitable answers selected from options (A)-(J). Each option may be used only once. Select the answer that best fits the meaning of the sentence. Each question is worth 2 points, for a total of 20 points.

In international law, a treaty does not become legally binding on a state until formal_(1)_ has taken place. However, a state may seek to limit the legal effect of certain provisions through a/an_(2)__.
(A) Acquittal
(B) Acquisition
(C) Conviction
(D) Indictment
(E) Merger
(F) Principal
(G) Proxy
(H) Ratification
(I) Reservation
(J) Sentence

In corporate law, a/an__(3)__ occurs when two companies combine to form a single entity, whereas a/an _ (4) _ involves one company purchasing another. Corporate law regulates (5)_ voting to ensure that it acts in accordance with the (6) instructions. A criminal proceeding commences with a/an(7), and the defendant may seek a/an_(8). After the court enters a/an_(9), it imposes a/an_(10)__.
(A) Acquittal
(B) Acquisition
(C) Conviction
(D) Indictment
(E) Merger
(F) Principal
(G) Proxy
(H) Ratification
(I) Reservation
(J) Sentence

(7) ____

(8) ____

(9) ____

(10) ____