Alvin is a truck driver employed by Tasty Drink Inc. When Alvin delivers goods to a customer, he falls asleepand hits a pedestrian, Linda. Under Article 188 of R.O.C. Civil Code, Tasty Drink Inc. is liable forLinda’s injuries.
(A)individually✕ 你選的
(B)jointly and severally✓ 正解✕ 你選的
(C)mutually✕ 你選的
(D)separately✕ 你選的
103 年綜合法學二選
第 57 題
Tom wants to have sex with Mary and locks her in his bedroom for two hours, hoping that Mary will agree.Finally, Tom lets Mary go for her refusal to agree. This is , because Tom has intentionally confined Mary.
(A)fraud✕ 你選的
(B)false imprisonment✓ 正解✕ 你選的
(C)gross negligence✕ 你選的
(D)rape✕ 你選的
103 年綜合法學二選
第 58 題
A contract to sell someone a slave for NTD1,000,000 could not be enforced at law because the contract wasentered into .
(A)against public policy✓ 正解✕ 你選的
(B)out of mistake✕ 你選的
(C)under duress✕ 你選的
(D)short of meeting of the minds✕ 你選的
103 年綜合法學二選
第 59 題
According to Article 389 of R.O.C. Code of Civil Procedure, the court shall on its own initiative render anorder for to a judgment which is entered based on the defendant’s admission of the plaintiff’s claim.
(A)provisional execution✓ 正解✕ 你選的
(B)preliminary injunction✕ 你選的
(C)production of documents✕ 你選的
(D)in camera inspection✕ 你選的
103 年綜合法學二選
第 60 題
Which of the following is NOT a duty of a company supervisor?
(A)To supervise the execution of business operations of the company✕ 你選的
(B)To examine the accounting books and documents✕ 你選的
(C)To investigate the business and financial condition of the company✕ 你選的
(D)To act concurrently as a director or managerial officer of the company✓ 正解✕ 你選的
103 年綜合法學二選
第 61 題
In a suit, shareholders are bestowed a right to sue directors on behalf of the corporation to enforcerights of corporation.
(A)direct✕ 你選的
(B)deprived✕ 你選的
(C)deranged✕ 你選的
(D)derivative✓ 正解✕ 你選的
103 年綜合法學二選
第 62 題
“Scalping” is a practice in which an investment advisor publicly recommends the purchase of securitieswithout disclosing its practice of purchasing such securities before making recommendation and thenselling them at a profit when the price rises after the recommendation is disseminated. Therefore, scalpingis a practice attacked by the competent authority as a violation of securities law similar to a .
(A)bribery✕ 你選的
(B)fraud✓ 正解✕ 你選的
(C)mistake✕ 你選的
(D)robbery✕ 你選的
103 年綜合法學二選
第 63 題
means stock which has been issued as fully paid to stockholders and subsequently reacquired by thecorporation to be used by it in furtherance of its corporate purpose.
(A)Preferred stock✕ 你選的
(B)Treasury stock✓ 正解✕ 你選的
(C)Common stock✕ 你選的
(D)Special stock✕ 你選的
103 年綜合法學二選
第 64 題
Before interrogating, an accused shall be informed of a few items under R.O.C. Code of CriminalProcedure. Which of the following is NOT included in such information-giving process?
(A)That the accused is suspected of committing certain offense(s), and all of the offense(s) so charged shallbe informed✕ 你選的
(B)That the accused may remain silent and does not have to make a statement against his/her own will✕ 你選的
(C)That the accused may retain defense attorney(s)✕ 你選的
(D)That the accused may make a telephone call to inform his/her family✓ 正解✕ 你選的
103 年綜合法學二選
第 65 題
Which of the following statements is UNTRUE for the settlement during the court proceedings?
(A)Where settlement is reached, a settlement transcript shall be made✕ 你選的
(B)The parties shall finish the settlement before the end of oral argument of the second instance✓ 正解✕ 你選的
(C)Where both parties are close to reach a settlement, they may move the court, the commissioned judge orthe assigned judge for a settlement proposal within the scope specified by the parties✕ 你選的
(D)Where there is a prospect for the parties to reach settlement, but a party has difficulty to appear inperson, the court, the commissioned judge, or the assigned judge may, on motion or on its owninitiative, make a settlement proposal✕ 你選的
103 年綜合法學二選
第 66 題
Which is the best term for the effect of the court’s final judgment on the merits that is conclusive as to therights of the parties on the cause of action?
(A)exclusionary rule✕ 你選的
(B)stare decisis✕ 你選的
(C)precedent effect✕ 你選的
(D)claim preclusion✓ 正解✕ 你選的
103 年綜合法學二選
第 67 題
Which of the following statements regarding Control Yuan is INCORRECT?
(A)Members of the Control Yuan shall be beyond party affiliation and independently exercise their powersand discharge their responsibilities in accordance with the law✕ 你選的
(B)No Member of the Control Yuan shall be held responsible outside the Yuan for opinions expressed orvotes cast in the Yuan✓ 正解✕ 你選的
(C)The Control Yuan may, in the exercise of its powers of control, request the Executive Yuan and itsMinistries and Commissions to submit to it for perusal the original orders issued by them and all otherrelevant documents✕ 你選的
(D)No Member of the Control Yuan shall concurrently hold a public office or engage in any profession✕ 你選的
103 年綜合法學二選
第 68 題
According to Article 1 of the R.O.C. Criminal Code, which one of the following statements is INCORRECT?
(A)Retroactive crime definition is prohibited✕ 你選的
(B)A conduct is punishable only when expressly so provided by the law at the time of its commission✕ 你選的
(C)No one should be punished for a crime that has not been defined in advance✕ 你選的
(D)A conduct is punishable only when expressly so provided by the law at the time of judgment✓ 正解✕ 你選的
103 年綜合法學二選
第 69 題
Accessory punishment “deprivation of citizen’s rights” under R.O.C. Criminal Code DOES NOT includethe deprivation of .
(A)qualification for being a public official✕ 你選的
(B)qualification of becoming a candidate for public office✕ 你選的
(C)qualification of exercising citizen’s right to vote✓ 正解✕ 你選的
(D)qualification of becoming a candidate for a city mayor✕ 你選的
103 年綜合法學二選
第 70 題
Liability for insider trading can be imposed on persons who owe fiduciary duties to those with whom theytrade. Please identify which of the following involves constructive insiders.
