109 移民特考三等 移民行政(選試日文） 法學知識與英文（包括中華民國憲法、法學緒論、英文） 考古題詳解

報紙報導公務員甲涉嫌違法收受賄賂，甲認為該篇報導涉嫌誹謗，依法提出告訴。下列有關基本權利之敘述，何者正確？

依司法院大法官解釋意旨，下列何者無法律保留原則之適用？

依司法院大法官解釋，關於言論自由之保障，下列敘述何者正確？

關於國家責任，下列敘述何者錯誤？

依司法院大法官解釋意旨，下列何者不屬於營業自由之保障範圍？

依憲法規定，制定法律應符合何種程序？

依司法院大法官解釋之意旨，下列差別待遇，何者合憲？

依司法院大法官解釋，關於隱私權，下列敘述何者錯誤？

下列何者不屬於立法院國會自律權之行使？

下列有關彈劾權與糾舉權之敘述，何者正確？

依司法院大法官解釋，下列何者有赴立法院各委員會備詢之義務？

憲法或憲法增修條文未明文規定下列何種人員應超出黨派以外，依據法律獨立行使職權？

依現行規定及司法院大法官解釋意旨，下列有關司法院之敘述，何者正確？

關於預算案與決算案之敘述，下列何者正確？

下列何者不符聲請司法院大法官解釋憲法之要件？

有關美國法的特色，下列敘述何者錯誤？

緊急命令是指國家遇有緊急事變，須為急速處分時所發布的命令，其效力與何者相當？

最高法院判決曾指出，雖病人屬消費者保護法所稱之消費者，但因醫療行為具特殊性，如適用消費者保護法之無過失責任，而導致醫生為避免被訴之風險，選擇消極之醫療行為，反而無法達成消費者保護法之立法目的，因此醫療行為不適用上述無過失責任。此為下列何種法律適用方法？

依憲法訴訟法之規定，下列何者不得聲請憲法裁判？

下列有關司法院院長之敘述，何者錯誤？

下列有關立法委員選舉之敘述，何者錯誤？

依司法院釋字第 756 號解釋，監獄行刑法第 66 條規定：「發受書信，由監獄長官檢閱之。如認為有妨害監獄紀律之虞，受刑人發信者，得述明理由，令其刪除後再行發出；受刑人受信者，得述明理由，逕予刪除再行收受。」所涉及之基本權利是：

為有效管理街頭藝人及其相關活動，某市訂定街頭藝人從事藝文表演活動管理辦法，規定街頭藝人從事街頭藝文活動須有許可證，此與何種基本權利無涉？

有關中央與地方法規效力的敘述，下列何者錯誤？

依現行民法規定，下列何者無須經登記即生法律效力？

契約當事人約定以將來訂立一定契約為內容之契約，稱之為？

甲允諾贈與其所有之名貴 A 跑車一部予乙，允諾 3 個月內將 A 車移轉交付給乙，該贈與契約並經公證人做成公證書。惟經 5 個月後，甲仍未交付之。下列敘述何者正確？

甲住臺北，欲前往高雄開會，遂請友人乙將其從臺北載送至高雄參加會議。途中甲叮囑乙開快一點，避免遲到，隨即在乘客座上打盹。乙因為搶快，於路途中不慎撞上他車駕駛丙，造成丙嚴重受傷。問丙得向何人請求損害賠償？

建商甲得知某市政府有一土地開發計劃，委託中間人乙帶著甲的計畫書去見負責開發案的副市長丙。丙開價 500 萬元，願意將甲的計畫書內容納入市政府的開發計劃。乙將丙的意思傳達給甲。甲遂請乙轉交 500 萬元給丙，同時付佣金 100 萬元給乙。下列敘述何者錯誤？

甲死亡後遺留土地一筆，有乙、丙二位繼承人，未辦理繼承登記。下列敘述何者正確？

The government is considering the creation of a dedicated immigration law to ____ manpower shortage in the country.

Until they obtain citizenship through ____, immigrants may be denied full rights of citizenship precisely because they are not citizens.

New immigrants not only need to adjust to a new culture, they also, often, must ____ with traumatic experiences from their past.

The fact that Taiwan has a lower ____ of investment for immigration, compared to other developed countries, makes the island country more appealing.

An immigration officer needs advanced knowledge of the immigration laws and procedures to uncover potential complex fraud schemes that ____ the integrity of the legal immigration system.

The Kenyan government spends about US5 million in 2018 to ____ foreigners working in the country illegally, a significant increase compared to the US3.6 million spent in the previous year.

New luggage ____ methods can identify liquid explosives and help track down the dangerous substances in the airport.

Some tourists intend to ____ from one attraction to the next in order to make the most of the trip.

With the recent increase in number of lone wolf terrorist attacks, governments around the world have been on high alert for social media outlets that may potentially radicalize ____.

The task is ____, but he has risen to the challenge with intelligence, creativity, flexibility and commitments to excellence.

【題組共用題幹】

Capital controls may be imposed on capital leaving a country or entering it. The former include controls over ____ transactions for direct and equity investments by residents and/or foreigners. For example, restrictions on the repatriation of capital by foreigners can include ____ a period before such repatriation is allowed, and regulations that phase the repatriation according to the availability of foreign exchange. Residents may be restricted ____ their holdings of foreign stocks, either directly or through limits on the permissible portfolios of the country’s investment funds. Law can also restrict bank deposits abroad by residents. Alternatively, bank accounts and transactions ____ in foreign currencies can be made available to residents, and non-interest-bearing capital reserve requirements can be imposed on deposits in foreign currencies, ____ reducing or eliminating the interest paid on them and therefore diminishing their attractiveness. The main purpose of controls over capital outflows is to thwart attempts to shift between currencies during financial crises, which can exacerbate currency depreciation.

【題組共用題幹】

Capital controls may be imposed on capital leaving a country or entering it. The former include controls over ____ transactions for direct and equity investments by residents and/or foreigners. For example, restrictions on the repatriation of capital by foreigners can include ____ a period before such repatriation is allowed, and regulations that phase the repatriation according to the availability of foreign exchange. Residents may be restricted ____ their holdings of foreign stocks, either directly or through limits on the permissible portfolios of the country’s investment funds. Law can also restrict bank deposits abroad by residents. Alternatively, bank accounts and transactions ____ in foreign currencies can be made available to residents, and non-interest-bearing capital reserve requirements can be imposed on deposits in foreign currencies, ____ reducing or eliminating the interest paid on them and therefore diminishing their attractiveness. The main purpose of controls over capital outflows is to thwart attempts to shift between currencies during financial crises, which can exacerbate currency depreciation.

【題組共用題幹】

Capital controls may be imposed on capital leaving a country or entering it. The former include controls over ____ transactions for direct and equity investments by residents and/or foreigners. For example, restrictions on the repatriation of capital by foreigners can include ____ a period before such repatriation is allowed, and regulations that phase the repatriation according to the availability of foreign exchange. Residents may be restricted ____ their holdings of foreign stocks, either directly or through limits on the permissible portfolios of the country’s investment funds. Law can also restrict bank deposits abroad by residents. Alternatively, bank accounts and transactions ____ in foreign currencies can be made available to residents, and non-interest-bearing capital reserve requirements can be imposed on deposits in foreign currencies, ____ reducing or eliminating the interest paid on them and therefore diminishing their attractiveness. The main purpose of controls over capital outflows is to thwart attempts to shift between currencies during financial crises, which can exacerbate currency depreciation.

【題組共用題幹】

Capital controls may be imposed on capital leaving a country or entering it. The former include controls over ____ transactions for direct and equity investments by residents and/or foreigners. For example, restrictions on the repatriation of capital by foreigners can include ____ a period before such repatriation is allowed, and regulations that phase the repatriation according to the availability of foreign exchange. Residents may be restricted ____ their holdings of foreign stocks, either directly or through limits on the permissible portfolios of the country’s investment funds. Law can also restrict bank deposits abroad by residents. Alternatively, bank accounts and transactions ____ in foreign currencies can be made available to residents, and non-interest-bearing capital reserve requirements can be imposed on deposits in foreign currencies, ____ reducing or eliminating the interest paid on them and therefore diminishing their attractiveness. The main purpose of controls over capital outflows is to thwart attempts to shift between currencies during financial crises, which can exacerbate currency depreciation.

【題組共用題幹】

Capital controls may be imposed on capital leaving a country or entering it. The former include controls over ____ transactions for direct and equity investments by residents and/or foreigners. For example, restrictions on the repatriation of capital by foreigners can include ____ a period before such repatriation is allowed, and regulations that phase the repatriation according to the availability of foreign exchange. Residents may be restricted ____ their holdings of foreign stocks, either directly or through limits on the permissible portfolios of the country’s investment funds. Law can also restrict bank deposits abroad by residents. Alternatively, bank accounts and transactions ____ in foreign currencies can be made available to residents, and non-interest-bearing capital reserve requirements can be imposed on deposits in foreign currencies, ____ reducing or eliminating the interest paid on them and therefore diminishing their attractiveness. The main purpose of controls over capital outflows is to thwart attempts to shift between currencies during financial crises, which can exacerbate currency depreciation.

【題組共用題幹】

Two years ago, a group of elders in a village in north-western Uganda agreed to lend their land to refugees from South Sudan. About 120,000 are now in the surrounding area. Here they live in tarpaulin shelters and mud-brick huts on a patch of scrub where cows once grazed. Kemis Butele, a gravel-voiced Ugandan elder, explains that hosting refugees is a way for a remote place, long neglected by the central government, to get noticed. He hopes for new schools, clinics and a decent road – and “that our children can get jobs.”

There are more than 20 million refugees in the world today, more than at any time since the end of the second world war. Nearly 90% reside in poor countries. In many, to preserve jobs for natives, governments bar refugees from working in the formal economy. Uganda has shown how a different approach can reap dividends. The government gives refugees land plots and lets them work. In some places, the refugees boost local businesses and act as a magnet for foreign aid. Mr. Butele and many other Ugandans see their new neighbors as a benefit, not a burden. Sadly, such attitudes are still the exception.

Refugees are “brothers and sisters,” say many Ugandans. Mr. Butele was once one himself. But the welcome is also a pragmatic one. Northern Uganda is so poor that some locals pose as refugees to receive food aid. Others see refugees as buyers for local goods. Elsewhere in Uganda has indeed seen such positive spillover. One study from 2016 found that the presence of Congolese refugees in western Uganda had increased consumption per household. Another estimates that each new refugee household boosts total income, including that of refugees, by $320–430 more than the cost of the aid the household is given. That rises to$560–670 when refugees are given cash instead of rations.

46. What is the main idea of this passage?

【題組共用題幹】

Two years ago, a group of elders in a village in north-western Uganda agreed to lend their land to refugees from South Sudan. About 120,000 are now in the surrounding area. Here they live in tarpaulin shelters and mud-brick huts on a patch of scrub where cows once grazed. Kemis Butele, a gravel-voiced Ugandan elder, explains that hosting refugees is a way for a remote place, long neglected by the central government, to get noticed. He hopes for new schools, clinics and a decent road – and “that our children can get jobs.”

There are more than 20 million refugees in the world today, more than at any time since the end of the second world war. Nearly 90% reside in poor countries. In many, to preserve jobs for natives, governments bar refugees from working in the formal economy. Uganda has shown how a different approach can reap dividends. The government gives refugees land plots and lets them work. In some places, the refugees boost local businesses and act as a magnet for foreign aid. Mr. Butele and many other Ugandans see their new neighbors as a benefit, not a burden. Sadly, such attitudes are still the exception.

Refugees are “brothers and sisters,” say many Ugandans. Mr. Butele was once one himself. But the welcome is also a pragmatic one. Northern Uganda is so poor that some locals pose as refugees to receive food aid. Others see refugees as buyers for local goods. Elsewhere in Uganda has indeed seen such positive spillover. One study from 2016 found that the presence of Congolese refugees in western Uganda had increased consumption per household. Another estimates that each new refugee household boosts total income, including that of refugees, by $320–430 more than the cost of the aid the household is given. That rises to$560–670 when refugees are given cash instead of rations.

47. Why do many governments bar refugees from working in the formal economy?

【題組共用題幹】

Two years ago, a group of elders in a village in north-western Uganda agreed to lend their land to refugees from South Sudan. About 120,000 are now in the surrounding area. Here they live in tarpaulin shelters and mud-brick huts on a patch of scrub where cows once grazed. Kemis Butele, a gravel-voiced Ugandan elder, explains that hosting refugees is a way for a remote place, long neglected by the central government, to get noticed. He hopes for new schools, clinics and a decent road – and “that our children can get jobs.”

There are more than 20 million refugees in the world today, more than at any time since the end of the second world war. Nearly 90% reside in poor countries. In many, to preserve jobs for natives, governments bar refugees from working in the formal economy. Uganda has shown how a different approach can reap dividends. The government gives refugees land plots and lets them work. In some places, the refugees boost local businesses and act as a magnet for foreign aid. Mr. Butele and many other Ugandans see their new neighbors as a benefit, not a burden. Sadly, such attitudes are still the exception.

Refugees are “brothers and sisters,” say many Ugandans. Mr. Butele was once one himself. But the welcome is also a pragmatic one. Northern Uganda is so poor that some locals pose as refugees to receive food aid. Others see refugees as buyers for local goods. Elsewhere in Uganda has indeed seen such positive spillover. One study from 2016 found that the presence of Congolese refugees in western Uganda had increased consumption per household. Another estimates that each new refugee household boosts total income, including that of refugees, by $320–430 more than the cost of the aid the household is given. That rises to$560–670 when refugees are given cash instead of rations.

48. Which of the following words is closest in meaning to “spillover”?

【題組共用題幹】

Two years ago, a group of elders in a village in north-western Uganda agreed to lend their land to refugees from South Sudan. About 120,000 are now in the surrounding area. Here they live in tarpaulin shelters and mud-brick huts on a patch of scrub where cows once grazed. Kemis Butele, a gravel-voiced Ugandan elder, explains that hosting refugees is a way for a remote place, long neglected by the central government, to get noticed. He hopes for new schools, clinics and a decent road – and “that our children can get jobs.”

There are more than 20 million refugees in the world today, more than at any time since the end of the second world war. Nearly 90% reside in poor countries. In many, to preserve jobs for natives, governments bar refugees from working in the formal economy. Uganda has shown how a different approach can reap dividends. The government gives refugees land plots and lets them work. In some places, the refugees boost local businesses and act as a magnet for foreign aid. Mr. Butele and many other Ugandans see their new neighbors as a benefit, not a burden. Sadly, such attitudes are still the exception.

Refugees are “brothers and sisters,” say many Ugandans. Mr. Butele was once one himself. But the welcome is also a pragmatic one. Northern Uganda is so poor that some locals pose as refugees to receive food aid. Others see refugees as buyers for local goods. Elsewhere in Uganda has indeed seen such positive spillover. One study from 2016 found that the presence of Congolese refugees in western Uganda had increased consumption per household. Another estimates that each new refugee household boosts total income, including that of refugees, by $320–430 more than the cost of the aid the household is given. That rises to$560–670 when refugees are given cash instead of rations.

49. What is the implication of the statement, “such attitudes are still the exception”?

【題組共用題幹】

Two years ago, a group of elders in a village in north-western Uganda agreed to lend their land to refugees from South Sudan. About 120,000 are now in the surrounding area. Here they live in tarpaulin shelters and mud-brick huts on a patch of scrub where cows once grazed. Kemis Butele, a gravel-voiced Ugandan elder, explains that hosting refugees is a way for a remote place, long neglected by the central government, to get noticed. He hopes for new schools, clinics and a decent road – and “that our children can get jobs.”

There are more than 20 million refugees in the world today, more than at any time since the end of the second world war. Nearly 90% reside in poor countries. In many, to preserve jobs for natives, governments bar refugees from working in the formal economy. Uganda has shown how a different approach can reap dividends. The government gives refugees land plots and lets them work. In some places, the refugees boost local businesses and act as a magnet for foreign aid. Mr. Butele and many other Ugandans see their new neighbors as a benefit, not a burden. Sadly, such attitudes are still the exception.

Refugees are “brothers and sisters,” say many Ugandans. Mr. Butele was once one himself. But the welcome is also a pragmatic one. Northern Uganda is so poor that some locals pose as refugees to receive food aid. Others see refugees as buyers for local goods. Elsewhere in Uganda has indeed seen such positive spillover. One study from 2016 found that the presence of Congolese refugees in western Uganda had increased consumption per household. Another estimates that each new refugee household boosts total income, including that of refugees, by $320–430 more than the cost of the aid the household is given. That rises to$560–670 when refugees are given cash instead of rations.

50. Which of the following statements is true?