111 原住民特考三等 土木工程 法學知識與英文(包括中華民國憲法、原住民族行政及法規、英文) 考古題詳解

依司法院大法官之解釋，有關新聞自由之敘述，下列何者正確？

依憲法增修條文規定，關於立法委員之不受逮捕特權，下列敘述何者錯誤？

依憲法及增修條文規定，下列有關正、副總統缺位之敘述，何者錯誤？

下列何者不屬於國家賠償責任範圍？

有關憲法之施行及效力，下列敘述何者正確？

行政機關對於法律規定之解釋，如增加法律所無之限制，逾越母法之規定，則與憲法第 23 條何種原則之意旨不符？

關於憲法第 8 條人身自由之保障主體，下列敘述何者正確？

社會秩序維護法第 80 條第 1 項第 1 款就意圖得利與人姦、宿者，處 3 日以下拘留或新臺幣 3 萬元以下罰鍰之規定，司法院釋字第 666 號解釋是以何種理由宣告違憲？

關於憲法中所規定人民的義務，下列敘述何者錯誤？

姓名條例規定，命名文字字義粗俗不雅，得申請改名，此係基於保障人民之何種基本權利？

依據憲法學理與實務見解，人民主張下列何種行為侵害其基本權利時，司法院大法官或憲法法庭得予受理？

依據司法院大法官解釋，下列敘述何者錯誤？

關於行政機關之組織，下列敘述何者非憲法之明文規定？

下列何者非屬司法機關？

基於住民自治之理念與垂直分權之功能，下列敘述何者錯誤？

下列關於「原住民族地區」的敘述，何者錯誤？

民國 110 年 9 月，最高法院作成第 108 年度台上大字第 1636 號裁定（併案：109 年度台上字第 1302 號及 110 年度台上字第 709 號），對於非原住民透過借名登記，取得原住民保留地使用之情形，裁定借名登記、買賣契約違反民法第 71 條本文規定，應屬無效。下列何者非屬本裁定所採取的理由？

地方制度法中，有關於山地鄉之鄉長，因辭職、去職、死亡、停職等原因出缺時的規範，下列敘述何者正確？

根據諮商取得原住民族部落同意參與辦法第 4 條，原住民族基本法第 21 條所稱原住民族或部落同意，指過半數關係部落依本辦法召開部落會議議決通過；所稱原住民族或部落參與，指過半數關係部落依本辦法召開部落會議議決通過之參與機制。下列關於「關係部落」的說明，何者正確？

原住民族文化資產處理辦法中，有關於原住民族無形文化資產、文化資產保存技術之登錄及保存者之認定程序的規範，不包含下列哪一個項目？

原住民族傳統智慧創作保護條例，乃是為促進原住民族文化發展，依原住民族基本法第 13 條之規定所制定。其對智慧創作專用權之規範，不包含下列哪一項？

根據山坡地保育利用條例第 37 條，原住民取得原住民保留地所有權，如有移轉，以原住民為限，但有特定情形者，得由政府承受私有原住民保留地，下列何者屬於得由政府承受私有原住民保留地之特定情形？

原住民保留地經劃定為禁伐區域，其具原住民身分之所有權人或合法使用權人，得申請禁伐補償。下列哪一項非屬由主管機關將原住民保留地劃定為禁伐區域並公告之條件？

依照原住民族語言發展法，首次將原住民族語言列為國家語言，下列何者不是此法案的立法目的？

因為下列哪一個法規立法，最近許多原住民族族人都在直轄市、縣（市）主管機關轄下被聘用擔任專職族語老師，傳承族語文化？

國家語言發展法和原住民族的語言保存與發展息息相關，下列關於國家語言發展法的敘述，何者錯誤？

根據原住民族基本法，下列哪一項目前不是原住民族在原住民族地區及經中央原住民族主管機關公告之海域依法可從事的非營利行為？

下列對原住民族基本法第 21 條的諮商同意權，哪一項是不正確的？

原住民族教育法在 108 年修正時有 5 大重點，包括擴大原住民族教育對象到全民、完備行政支持系統、促進原住民族參與、強化師資培育與深化民族教育。下列何者不是該法條內容？

依照原住民族工作權保障法，有關公共工程及政府採購之保障，下列何者正確？

依照原住民族工作權保障法，中央主管機關應於原住民族綜合發展基金項下設置就業基金，作為辦理促進原住民就業權益相關事項；其收支、保管及運用辦法，由行政院定之。下列何者不是前項就業基金之來源？

根據長期照顧服務機構設立許可及管理辦法，若是申請於原住民族地區籌設或設立設有機構住宿式服務以外之長照機構時，因該地區未設有公、私立長照機構，且因地理條件限制，難以覓得符合長照機構設立要件之場地及長期照顧服務機構設立標準所定各類專業人員，則其機構所在之建築物，於領有第 8 條第 5 款合法使用證明文件或第 12 條第 1 項第 3 款建築物使用執照前，得以取得什麼證明文件，以及經直轄市、縣（市）消防主管機關查驗合格之簡易消防安全設備配置平面圖替代之？

下列何者不是原住民族基本法規範的內容？

有關原住民族身分取得與喪失的認定，何者正確？

依照原住民族傳統智慧創作保護條例的規定，有關原住民族傳統智慧創作申請人應以何者為限？

The design of my high school did not appeal to me because it was built to ____ only 200 students.

The jury should carefully review the witnesses’ ____ and assess their credibility before they reach a verdict.

During the rainy season, an umbrella is considered an ____ item when you go out.

All passengers taking Flight A101 must check in first at the counter and then listen ____ to the announcement when it’s ready to board the aircraft.

The key attraction of this job is that I get both a fixed salary and a ____ for every item I sell.

【題組共用題幹】

Travel back in time to 1662, when Catherine of Braganza (daughter of Portugal’s King John IV) won the hand of England’s newly restored monarch, King Charles II, with the help of a very large dowry that included money, spices, treasures and the lucrative ports of Tangiers and Bombay. This ____ made her one very important lady: the Queen of England, Scotland and Ireland. When she relocated up north to join King Charles, she is said to have ____ loose-leaf tea as part of her personal belongings; it would also have likely been part of her dowry. A fun legend has it that the crates were marked Transporte de Ervas Aromaticas (Transport of Aromatic Herbs) – later ____ to T.E.A. That last bit probably isn’t true (____ believe the word ‘tea’ came from a transliteration of a Chinese character), but what is for sure is that tea was already popular among the aristocracy of Portugal due to the country’s direct trade line to China ____ its colony in Macau, first settled in the mid-1500s (visit today to sample the other end of this culinary exchange, the Portuguese pastéis de nata, aka egg custard tarts).

41. This ____ made her one very important lady: the Queen of England, Scotland and Ireland.

【題組共用題幹】

Travel back in time to 1662, when Catherine of Braganza (daughter of Portugal’s King John IV) won the hand of England’s newly restored monarch, King Charles II, with the help of a very large dowry that included money, spices, treasures and the lucrative ports of Tangiers and Bombay. This ____ made her one very important lady: the Queen of England, Scotland and Ireland. When she relocated up north to join King Charles, she is said to have ____ loose-leaf tea as part of her personal belongings; it would also have likely been part of her dowry. A fun legend has it that the crates were marked Transporte de Ervas Aromaticas (Transport of Aromatic Herbs) – later ____ to T.E.A. That last bit probably isn’t true (____ believe the word ‘tea’ came from a transliteration of a Chinese character), but what is for sure is that tea was already popular among the aristocracy of Portugal due to the country’s direct trade line to China ____ its colony in Macau, first settled in the mid-1500s (visit today to sample the other end of this culinary exchange, the Portuguese pastéis de nata, aka egg custard tarts).

42. When she relocated up north to join King Charles, she is said to have ____ loose-leaf tea as part of her personal belongings.

【題組共用題幹】

Travel back in time to 1662, when Catherine of Braganza (daughter of Portugal’s King John IV) won the hand of England’s newly restored monarch, King Charles II, with the help of a very large dowry that included money, spices, treasures and the lucrative ports of Tangiers and Bombay. This ____ made her one very important lady: the Queen of England, Scotland and Ireland. When she relocated up north to join King Charles, she is said to have ____ loose-leaf tea as part of her personal belongings; it would also have likely been part of her dowry. A fun legend has it that the crates were marked Transporte de Ervas Aromaticas (Transport of Aromatic Herbs) – later ____ to T.E.A. That last bit probably isn’t true (____ believe the word ‘tea’ came from a transliteration of a Chinese character), but what is for sure is that tea was already popular among the aristocracy of Portugal due to the country’s direct trade line to China ____ its colony in Macau, first settled in the mid-1500s (visit today to sample the other end of this culinary exchange, the Portuguese pastéis de nata, aka egg custard tarts).

43. A fun legend has it that the crates were marked Transporte de Ervas Aromaticas (Transport of Aromatic Herbs) – later ____ to T.E.A.

【題組共用題幹】

Travel back in time to 1662, when Catherine of Braganza (daughter of Portugal’s King John IV) won the hand of England’s newly restored monarch, King Charles II, with the help of a very large dowry that included money, spices, treasures and the lucrative ports of Tangiers and Bombay. This ____ made her one very important lady: the Queen of England, Scotland and Ireland. When she relocated up north to join King Charles, she is said to have ____ loose-leaf tea as part of her personal belongings; it would also have likely been part of her dowry. A fun legend has it that the crates were marked Transporte de Ervas Aromaticas (Transport of Aromatic Herbs) – later ____ to T.E.A. That last bit probably isn’t true (____ believe the word ‘tea’ came from a transliteration of a Chinese character), but what is for sure is that tea was already popular among the aristocracy of Portugal due to the country’s direct trade line to China ____ its colony in Macau, first settled in the mid-1500s (visit today to sample the other end of this culinary exchange, the Portuguese pastéis de nata, aka egg custard tarts).

44. That last bit probably isn’t true (____ believe the word ‘tea’ came from a transliteration of a Chinese character).

【題組共用題幹】

Travel back in time to 1662, when Catherine of Braganza (daughter of Portugal’s King John IV) won the hand of England’s newly restored monarch, King Charles II, with the help of a very large dowry that included money, spices, treasures and the lucrative ports of Tangiers and Bombay. This ____ made her one very important lady: the Queen of England, Scotland and Ireland. When she relocated up north to join King Charles, she is said to have ____ loose-leaf tea as part of her personal belongings; it would also have likely been part of her dowry. A fun legend has it that the crates were marked Transporte de Ervas Aromaticas (Transport of Aromatic Herbs) – later ____ to T.E.A. That last bit probably isn’t true (____ believe the word ‘tea’ came from a transliteration of a Chinese character), but what is for sure is that tea was already popular among the aristocracy of Portugal due to the country’s direct trade line to China ____ its colony in Macau, first settled in the mid-1500s (visit today to sample the other end of this culinary exchange, the Portuguese pastéis de nata, aka egg custard tarts).

45. Tea was already popular among the aristocracy of Portugal due to the country’s direct trade line to China ____ its colony in Macau.

【題組共用題幹】

During the course of a year, the path of the Sun among the stars—the ecliptic—passes through 12 ancient constellations. Because all but one of these 12 constellations represent living things, human or animal, the Greeks called them the “circle of Animals”—in ancient Greek, kyklos zodiakos, now shortened to zodiac. The one star pattern in the zodiac that doesn’t represent an animal is Libra, the Scales. However, the Greeks considered the stars of Libra to be both a Scales and the Claws of the Scorpion, which follows Libra in the zodiac, so it’s appropriate to include it in the circle as well.

The Greeks inherited the 12 constellations of the zodiac, as well as the concept of the zodiac as a singular object, from the Babylonians. (Ancient Babylonia occupied south-central Mesopotamia on the floodplain between the Tigris and Euphrates Rivers; today, it corresponds to southern Iraq.) The concept of the zodiac was closely related to horoscope astrology—the system of predicting a person’s character and future from where the Sun and planets were in the zodiac at the time of their birth—a practice which also came to Greece from Babylonia, though it was a very late development in Mesopotamia. In fact the earliest known horoscope from Babylonia dates only to 410 BC. But by that time Babylonia had been under the rule of Persian kings for over a century. The ancient Persians were Sun-worshippers, whereas traditionally the Babylonians had used a lunar rather than a solar calendar. Thus, though it was indeed the Babylonians who conceived of the 12 ancient constellations in the path of the Sun as a unit, which the Greeks then called the zodiac, they did so only as late as the 5th century BC under the influence of Persian Sun-worship.

Horoscope astrology as we think of it today developed even later: It didn’t attain its final form and great popularity until the 3rd century AD, when the social and political dislocations of the decaying Roman Empire made the powerless multitudes vulnerable to any superstition that promised knowledge about the insecure future and some illusion of control over it.

What is the passage mainly about?

【題組共用題幹】

During the course of a year, the path of the Sun among the stars—the ecliptic—passes through 12 ancient constellations. Because all but one of these 12 constellations represent living things, human or animal, the Greeks called them the “circle of Animals”—in ancient Greek, kyklos zodiakos, now shortened to zodiac. The one star pattern in the zodiac that doesn’t represent an animal is Libra, the Scales. However, the Greeks considered the stars of Libra to be both a Scales and the Claws of the Scorpion, which follows Libra in the zodiac, so it’s appropriate to include it in the circle as well.

The Greeks inherited the 12 constellations of the zodiac, as well as the concept of the zodiac as a singular object, from the Babylonians. (Ancient Babylonia occupied south-central Mesopotamia on the floodplain between the Tigris and Euphrates Rivers; today, it corresponds to southern Iraq.) The concept of the zodiac was closely related to horoscope astrology—the system of predicting a person’s character and future from where the Sun and planets were in the zodiac at the time of their birth—a practice which also came to Greece from Babylonia, though it was a very late development in Mesopotamia. In fact the earliest known horoscope from Babylonia dates only to 410 BC. But by that time Babylonia had been under the rule of Persian kings for over a century. The ancient Persians were Sun-worshippers, whereas traditionally the Babylonians had used a lunar rather than a solar calendar. Thus, though it was indeed the Babylonians who conceived of the 12 ancient constellations in the path of the Sun as a unit, which the Greeks then called the zodiac, they did so only as late as the 5th century BC under the influence of Persian Sun-worship.

Horoscope astrology as we think of it today developed even later: It didn’t attain its final form and great popularity until the 3rd century AD, when the social and political dislocations of the decaying Roman Empire made the powerless multitudes vulnerable to any superstition that promised knowledge about the insecure future and some illusion of control over it.

Which of the following is true about Libra?

【題組共用題幹】

During the course of a year, the path of the Sun among the stars—the ecliptic—passes through 12 ancient constellations. Because all but one of these 12 constellations represent living things, human or animal, the Greeks called them the “circle of Animals”—in ancient Greek, kyklos zodiakos, now shortened to zodiac. The one star pattern in the zodiac that doesn’t represent an animal is Libra, the Scales. However, the Greeks considered the stars of Libra to be both a Scales and the Claws of the Scorpion, which follows Libra in the zodiac, so it’s appropriate to include it in the circle as well.

The Greeks inherited the 12 constellations of the zodiac, as well as the concept of the zodiac as a singular object, from the Babylonians. (Ancient Babylonia occupied south-central Mesopotamia on the floodplain between the Tigris and Euphrates Rivers; today, it corresponds to southern Iraq.) The concept of the zodiac was closely related to horoscope astrology—the system of predicting a person’s character and future from where the Sun and planets were in the zodiac at the time of their birth—a practice which also came to Greece from Babylonia, though it was a very late development in Mesopotamia. In fact the earliest known horoscope from Babylonia dates only to 410 BC. But by that time Babylonia had been under the rule of Persian kings for over a century. The ancient Persians were Sun-worshippers, whereas traditionally the Babylonians had used a lunar rather than a solar calendar. Thus, though it was indeed the Babylonians who conceived of the 12 ancient constellations in the path of the Sun as a unit, which the Greeks then called the zodiac, they did so only as late as the 5th century BC under the influence of Persian Sun-worship.

Horoscope astrology as we think of it today developed even later: It didn’t attain its final form and great popularity until the 3rd century AD, when the social and political dislocations of the decaying Roman Empire made the powerless multitudes vulnerable to any superstition that promised knowledge about the insecure future and some illusion of control over it.

Which event took place the earliest?

【題組共用題幹】

During the course of a year, the path of the Sun among the stars—the ecliptic—passes through 12 ancient constellations. Because all but one of these 12 constellations represent living things, human or animal, the Greeks called them the “circle of Animals”—in ancient Greek, kyklos zodiakos, now shortened to zodiac. The one star pattern in the zodiac that doesn’t represent an animal is Libra, the Scales. However, the Greeks considered the stars of Libra to be both a Scales and the Claws of the Scorpion, which follows Libra in the zodiac, so it’s appropriate to include it in the circle as well.

The Greeks inherited the 12 constellations of the zodiac, as well as the concept of the zodiac as a singular object, from the Babylonians. (Ancient Babylonia occupied south-central Mesopotamia on the floodplain between the Tigris and Euphrates Rivers; today, it corresponds to southern Iraq.) The concept of the zodiac was closely related to horoscope astrology—the system of predicting a person’s character and future from where the Sun and planets were in the zodiac at the time of their birth—a practice which also came to Greece from Babylonia, though it was a very late development in Mesopotamia. In fact the earliest known horoscope from Babylonia dates only to 410 BC. But by that time Babylonia had been under the rule of Persian kings for over a century. The ancient Persians were Sun-worshippers, whereas traditionally the Babylonians had used a lunar rather than a solar calendar. Thus, though it was indeed the Babylonians who conceived of the 12 ancient constellations in the path of the Sun as a unit, which the Greeks then called the zodiac, they did so only as late as the 5th century BC under the influence of Persian Sun-worship.

Horoscope astrology as we think of it today developed even later: It didn’t attain its final form and great popularity until the 3rd century AD, when the social and political dislocations of the decaying Roman Empire made the powerless multitudes vulnerable to any superstition that promised knowledge about the insecure future and some illusion of control over it.

Which of the following statements is NOT true according to the passage?

【題組共用題幹】

During the course of a year, the path of the Sun among the stars—the ecliptic—passes through 12 ancient constellations. Because all but one of these 12 constellations represent living things, human or animal, the Greeks called them the “circle of Animals”—in ancient Greek, kyklos zodiakos, now shortened to zodiac. The one star pattern in the zodiac that doesn’t represent an animal is Libra, the Scales. However, the Greeks considered the stars of Libra to be both a Scales and the Claws of the Scorpion, which follows Libra in the zodiac, so it’s appropriate to include it in the circle as well.

The Greeks inherited the 12 constellations of the zodiac, as well as the concept of the zodiac as a singular object, from the Babylonians. (Ancient Babylonia occupied south-central Mesopotamia on the floodplain between the Tigris and Euphrates Rivers; today, it corresponds to southern Iraq.) The concept of the zodiac was closely related to horoscope astrology—the system of predicting a person’s character and future from where the Sun and planets were in the zodiac at the time of their birth—a practice which also came to Greece from Babylonia, though it was a very late development in Mesopotamia. In fact the earliest known horoscope from Babylonia dates only to 410 BC. But by that time Babylonia had been under the rule of Persian kings for over a century. The ancient Persians were Sun-worshippers, whereas traditionally the Babylonians had used a lunar rather than a solar calendar. Thus, though it was indeed the Babylonians who conceived of the 12 ancient constellations in the path of the Sun as a unit, which the Greeks then called the zodiac, they did so only as late as the 5th century BC under the influence of Persian Sun-worship.

Horoscope astrology as we think of it today developed even later: It didn’t attain its final form and great popularity until the 3rd century AD, when the social and political dislocations of the decaying Roman Empire made the powerless multitudes vulnerable to any superstition that promised knowledge about the insecure future and some illusion of control over it.

What is the nature of this passage?