108 原住民特考三等 財稅行政 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

依司法院大法官解釋，關於緊急命令，下列敘述何者錯誤？

依司法院大法官解釋，有關立法院之文件調閱權及調查權，下列敘述何者錯誤？

憲法第 167 條第 2 款規定，國家對於僑居國外國民之教育事業成績優良者，予以獎勵或補助。僑民甲長期於非洲國家從事華語教育，成績優良，甲依上述規定請求國家補助。請問甲之請求，有無理由？

依司法院大法官解釋，人身自由限制程序是否符合憲法正當法律程序，應考量的因素不包括下列何者？

依司法院大法官解釋，關於名譽權與表意自由間之關係，下列敘述何者錯誤？

依司法院大法官解釋，有關國民年金法之遺屬年金，下列敘述何者錯誤？

如人民聲請釋憲主張行政訴訟法上關於訴願前置主義之規定，係對於訴訟權之不必要限制，違憲。下列敘述何者正確？

下列何者，憲法並未明文規定須超越黨派？

依司法院大法官解釋，下列何者不屬於個人資訊隱私權之保障範圍？

依據司法院大法官解釋，下列何者與人格權密切相關，而應受到憲法第 22 條之保障？

司法院釋字第 748 號解釋認為「以性傾向作為分類標準所為之差別待遇，應適用較為嚴格之審查標準，以判斷其合憲性」，下列何者並非上述解釋適用較為嚴格審查標準之理由？

依憲法及增修條文規定，應經行政院會議議決後，始得提出於立法院之事項，下列何者不屬之？

依憲法增修條文規定，有關立法委員之敘述，下列何者錯誤？

依憲法增修條文規定，關於覆議制度，下列敘述何者正確？

依憲法增修條文規定，有關司法院大法官，下列敘述何者正確？

依原住民族基本法的規定，政府與原住民族自治間權限發生爭議時，由下列何者召開協商會議決定之？

下列何者為國家賠償法規定的公務員？

依原住民身分法的規定，原住民父與非原住民母結婚所生子女，從非原住民母姓時，應如何決定該子女是否有原住民身分？

依憲法增修條文第 10 條第 12 項規定，國家應依民族意願，保障原住民族的地位及政治參與，並具體列舉事項予以保障扶助並促其發展。下列何者不是該條文所列舉的事項？

依地方制度法的規定，直轄市山地原住民區實施自治所需財源，由直轄市依法予以設算補助，補助之項目、程序、方式及其他相關事項，應如何定之？

依地方制度法的規定，有關由山地鄉改制為直轄市山地原住民區的敘述，下列何者正確？

依地方制度法的規定，直轄市山地原住民區與直轄市之關係，準用地方制度法關於那兩者關係之規定？

原住民族基本法所指之原住民族，係指既存於臺灣而為國家管轄內之傳統民族，除了明文列舉者外，其他自認為原住民族者，須經下列何種程序，方屬原住民族基本法所指之原住民族？

依原住民族基本法的規定，為促進原住民族部落健全自主發展，部落應設部落會議。部落經中央原住民族主管機關核定者，即為下列何者？

依原住民族基本法的規定，有關直轄市、縣（市）設原住民族專責單位或置專人，辦理原住民族事務之敘述，下列何者正確？

依原住民族基本法的規定，有關政府於原住民族土地或部落及其周邊一定範圍內之公有土地從事生態保育及學術研究之敘述，下列何者正確？

依原住民族基本法的規定，原住民族利用原住民族土地或部落及其周邊一定範圍內之公有土地及自然資源，受政府或法令限制而生之損失，政府應如何處理？

依原住民族基本法的規定，下列敘述何者正確？

依原住民族基本法的規定，政府於原住民族地區劃設國家公園、國家級風景特定區、林業區、生態保育區、遊樂區及其他資源治理機關時，應徵得當地原住民族同意，並與下列何者建立共同管理機制？

依原住民族傳統智慧創作保護條例的規定，原住民族之傳統智慧創作申請人以下列何者為限？

依憲法及憲法增修條文的規定，下列何者並非大法官的權限？

有關自治法規的制定，如由地方行政機關訂定並發布者，稱為什麼？

依原住民身分法的規定，山地原住民與平地原住民結婚，其身分如何認定？

依原住民身分法的規定，原住民依法申請喪失原住民身分時，其申請時之直系血親卑親屬的原住民身分是否喪失？

依原住民身分法的規定，有關應具原住民身分者，於原住民身分法施行前，因結婚、收養、自願拋棄或其他原因喪失或未取得原住民身分者之敘述，下列何者正確？

America’s traditional ______ toward British colonialism and imperial patterns of trade remained a constant source of friction between the two allies in the years immediately after World War II.

The embassy has responded to the escalation by issuing a statement saying that it would ______ the visas of several officials.

The underlying cause of compulsive overeating is the inability to eat in ______, not the unavailability of nutritional information.

It is required by law that all companies established on the island ______ their business and employees.

In a recent sexual harassment case in the show business, 16 victims described inappropriate behavior by this superstar, eight of ______ said they had serious depression.

【題組共用題幹】

Sherlock Holmes was popular from his first appearance in 1887, in the novelette “A Study in Scarlet.” He was so popular that soon Conan Doyle began to ______ having created him, since Holmes stories so completely overshadowed what Conan Doyle considered his serious work, such as his historical novel. Readers lined up at newsstands for The Strand on publication day ______ a new Holmes story was to appear inside. Because of Holmes, Conan Doyle was, one historian wrote, “as well-known as Queen Victoria.”

Holmes fans were truly the ______ middle-class, the exact sort of group whose tastes would be denigrated by snooty critics as populist for more than a century to come. The ______ for Holmes stories seemed endless. The Strand would pay Conan Doyle nicely for whatever he could give them. But he hadn’t meant to spend the rest of his life inventing and solving fiction crimes. By 1893, Conan Doyle had had enough. So he had the evil professor Moriarty push Holmes down the falls. But by 1901, however, public pressure grew so great that Conan Doyle wrote a new story featuring Holmes before his fall. In 1903, in “The Adventure of the Empty House,” he went one step further, resurrecting Holmes with the explanation that only Moriarty had died in the fall, while Holmes had ______ his own death. Fans rejoiced.

【題組共用題幹】

Sherlock Holmes was popular from his first appearance in 1887, in the novelette “A Study in Scarlet.” He was so popular that soon Conan Doyle began to ______ having created him, since Holmes stories so completely overshadowed what Conan Doyle considered his serious work, such as his historical novel. Readers lined up at newsstands for The Strand on publication day ______ a new Holmes story was to appear inside. Because of Holmes, Conan Doyle was, one historian wrote, “as well-known as Queen Victoria.”

Holmes fans were truly the ______ middle-class, the exact sort of group whose tastes would be denigrated by snooty critics as populist for more than a century to come. The ______ for Holmes stories seemed endless. The Strand would pay Conan Doyle nicely for whatever he could give them. But he hadn’t meant to spend the rest of his life inventing and solving fiction crimes. By 1893, Conan Doyle had had enough. So he had the evil professor Moriarty push Holmes down the falls. But by 1901, however, public pressure grew so great that Conan Doyle wrote a new story featuring Holmes before his fall. In 1903, in “The Adventure of the Empty House,” he went one step further, resurrecting Holmes with the explanation that only Moriarty had died in the fall, while Holmes had ______ his own death. Fans rejoiced.

【題組共用題幹】

Sherlock Holmes was popular from his first appearance in 1887, in the novelette “A Study in Scarlet.” He was so popular that soon Conan Doyle began to ______ having created him, since Holmes stories so completely overshadowed what Conan Doyle considered his serious work, such as his historical novel. Readers lined up at newsstands for The Strand on publication day ______ a new Holmes story was to appear inside. Because of Holmes, Conan Doyle was, one historian wrote, “as well-known as Queen Victoria.”

Holmes fans were truly the ______ middle-class, the exact sort of group whose tastes would be denigrated by snooty critics as populist for more than a century to come. The ______ for Holmes stories seemed endless. The Strand would pay Conan Doyle nicely for whatever he could give them. But he hadn’t meant to spend the rest of his life inventing and solving fiction crimes. By 1893, Conan Doyle had had enough. So he had the evil professor Moriarty push Holmes down the falls. But by 1901, however, public pressure grew so great that Conan Doyle wrote a new story featuring Holmes before his fall. In 1903, in “The Adventure of the Empty House,” he went one step further, resurrecting Holmes with the explanation that only Moriarty had died in the fall, while Holmes had ______ his own death. Fans rejoiced.

【題組共用題幹】

Sherlock Holmes was popular from his first appearance in 1887, in the novelette “A Study in Scarlet.” He was so popular that soon Conan Doyle began to ______ having created him, since Holmes stories so completely overshadowed what Conan Doyle considered his serious work, such as his historical novel. Readers lined up at newsstands for The Strand on publication day ______ a new Holmes story was to appear inside. Because of Holmes, Conan Doyle was, one historian wrote, “as well-known as Queen Victoria.”

Holmes fans were truly the ______ middle-class, the exact sort of group whose tastes would be denigrated by snooty critics as populist for more than a century to come. The ______ for Holmes stories seemed endless. The Strand would pay Conan Doyle nicely for whatever he could give them. But he hadn’t meant to spend the rest of his life inventing and solving fiction crimes. By 1893, Conan Doyle had had enough. So he had the evil professor Moriarty push Holmes down the falls. But by 1901, however, public pressure grew so great that Conan Doyle wrote a new story featuring Holmes before his fall. In 1903, in “The Adventure of the Empty House,” he went one step further, resurrecting Holmes with the explanation that only Moriarty had died in the fall, while Holmes had ______ his own death. Fans rejoiced.

【題組共用題幹】

Sherlock Holmes was popular from his first appearance in 1887, in the novelette “A Study in Scarlet.” He was so popular that soon Conan Doyle began to ______ having created him, since Holmes stories so completely overshadowed what Conan Doyle considered his serious work, such as his historical novel. Readers lined up at newsstands for The Strand on publication day ______ a new Holmes story was to appear inside. Because of Holmes, Conan Doyle was, one historian wrote, “as well-known as Queen Victoria.”

Holmes fans were truly the ______ middle-class, the exact sort of group whose tastes would be denigrated by snooty critics as populist for more than a century to come. The ______ for Holmes stories seemed endless. The Strand would pay Conan Doyle nicely for whatever he could give them. But he hadn’t meant to spend the rest of his life inventing and solving fiction crimes. By 1893, Conan Doyle had had enough. So he had the evil professor Moriarty push Holmes down the falls. But by 1901, however, public pressure grew so great that Conan Doyle wrote a new story featuring Holmes before his fall. In 1903, in “The Adventure of the Empty House,” he went one step further, resurrecting Holmes with the explanation that only Moriarty had died in the fall, while Holmes had ______ his own death. Fans rejoiced.

【題組共用題幹】

Who really makes the changes in an organization? It’s not always the people with the highest executive titles. A growing body of research has pointed to the importance of informal leaders known as “brokers,” who have the gift of connecting employees in productive new ways. New research by Professor Brands has uncovered bias surrounding brokerage roles. Professor Brands examined what are known as “friendship networks” within organizations. In this sense, friends are the people you turn to for help, advice, and information, whether or not they are in your work group. Simply put, you like and trust them. It’s within these friendship networks that much of an organization’s work gets done.

In a study of two separate groups—employees of an electronic-components distributor and a cohort of M.B.A. students—she identified brokers based on the high level of connectivity they displayed. They also identified the people who were perceived by their colleagues to be brokers. Researchers asked members to evaluate their colleagues, including the actual and perceived brokers. This is where gender differences emerged. The researchers found that people tended to ignore the activities of female brokers and to exaggerate how much men served as brokers. If women were recognized as brokers, they were perceived more negatively. “They incurred reputation penalties,” Professor Brands says. “They were seen as more competent, but less warm.” Other research, she says, has shown that men who take on brokerage roles tend to receive benefits in the form of compensation and promotions, whereas female brokers’ careers are negatively affected.

Professor Brands also analyzed the performance of the brokers’ teams. They found that women who were thought by their teams to be brokers tended to perform well individually, but at the expense of their overall team’s performance. The professors noted that men are traditionally defined by words like aggressive, forceful, independent, and decisive. Women are expected to be kind, helpful, sympathetic, and concerned about others. Women are thought to excel in the social realm—so you would think that they would be seen as good work brokers, the researchers said. But “despite the widespread notion of women as social specialists, perceptions of the network position of women will be distorted because of the expectation that brokerage is man’s work,” they wrote.

What is the main idea of this passage?

【題組共用題幹】

Who really makes the changes in an organization? It’s not always the people with the highest executive titles. A growing body of research has pointed to the importance of informal leaders known as “brokers,” who have the gift of connecting employees in productive new ways. New research by Professor Brands has uncovered bias surrounding brokerage roles. Professor Brands examined what are known as “friendship networks” within organizations. In this sense, friends are the people you turn to for help, advice, and information, whether or not they are in your work group. Simply put, you like and trust them. It’s within these friendship networks that much of an organization’s work gets done.

In a study of two separate groups—employees of an electronic-components distributor and a cohort of M.B.A. students—she identified brokers based on the high level of connectivity they displayed. They also identified the people who were perceived by their colleagues to be brokers. Researchers asked members to evaluate their colleagues, including the actual and perceived brokers. This is where gender differences emerged. The researchers found that people tended to ignore the activities of female brokers and to exaggerate how much men served as brokers. If women were recognized as brokers, they were perceived more negatively. “They incurred reputation penalties,” Professor Brands says. “They were seen as more competent, but less warm.” Other research, she says, has shown that men who take on brokerage roles tend to receive benefits in the form of compensation and promotions, whereas female brokers’ careers are negatively affected.

Professor Brands also analyzed the performance of the brokers’ teams. They found that women who were thought by their teams to be brokers tended to perform well individually, but at the expense of their overall team’s performance. The professors noted that men are traditionally defined by words like aggressive, forceful, independent, and decisive. Women are expected to be kind, helpful, sympathetic, and concerned about others. Women are thought to excel in the social realm—so you would think that they would be seen as good work brokers, the researchers said. But “despite the widespread notion of women as social specialists, perceptions of the network position of women will be distorted because of the expectation that brokerage is man’s work,” they wrote.

According to the passage, which of the following is NOT true?

【題組共用題幹】

Who really makes the changes in an organization? It’s not always the people with the highest executive titles. A growing body of research has pointed to the importance of informal leaders known as “brokers,” who have the gift of connecting employees in productive new ways. New research by Professor Brands has uncovered bias surrounding brokerage roles. Professor Brands examined what are known as “friendship networks” within organizations. In this sense, friends are the people you turn to for help, advice, and information, whether or not they are in your work group. Simply put, you like and trust them. It’s within these friendship networks that much of an organization’s work gets done.

In a study of two separate groups—employees of an electronic-components distributor and a cohort of M.B.A. students—she identified brokers based on the high level of connectivity they displayed. They also identified the people who were perceived by their colleagues to be brokers. Researchers asked members to evaluate their colleagues, including the actual and perceived brokers. This is where gender differences emerged. The researchers found that people tended to ignore the activities of female brokers and to exaggerate how much men served as brokers. If women were recognized as brokers, they were perceived more negatively. “They incurred reputation penalties,” Professor Brands says. “They were seen as more competent, but less warm.” Other research, she says, has shown that men who take on brokerage roles tend to receive benefits in the form of compensation and promotions, whereas female brokers’ careers are negatively affected.

Professor Brands also analyzed the performance of the brokers’ teams. They found that women who were thought by their teams to be brokers tended to perform well individually, but at the expense of their overall team’s performance. The professors noted that men are traditionally defined by words like aggressive, forceful, independent, and decisive. Women are expected to be kind, helpful, sympathetic, and concerned about others. Women are thought to excel in the social realm—so you would think that they would be seen as good work brokers, the researchers said. But “despite the widespread notion of women as social specialists, perceptions of the network position of women will be distorted because of the expectation that brokerage is man’s work,” they wrote.

According to the passage, which of the following does NOT traditionally characterize men?

【題組共用題幹】

There is a general agreement that the unconscious plays an extremely important role in problem-solving. Everyone has had the experience of having the answer to a problem suddenly occur in his/her mind. One maddeningly familiar phenomenon to many people is a late answer to an important problem. One may work for days or weeks on a problem and complete it. Then, at some random point in time, a better answer appears. Since the original problem was probably completed in order to reach a deadline, this better answer often only serves to annoy one that he/she did not think of it sooner. It came straight from the unconscious as a result of the incubation process it was going through.

I have found in my own case that this incubation process works. I have the confidence to think hard about a problem and then forget about it for a period of time. When I begin to work on it again, new answers are usually present.

Which of the following is a suitable title for this passage?

【題組共用題幹】

There is a general agreement that the unconscious plays an extremely important role in problem-solving. Everyone has had the experience of having the answer to a problem suddenly occur in his/her mind. One maddeningly familiar phenomenon to many people is a late answer to an important problem. One may work for days or weeks on a problem and complete it. Then, at some random point in time, a better answer appears. Since the original problem was probably completed in order to reach a deadline, this better answer often only serves to annoy one that he/she did not think of it sooner. It came straight from the unconscious as a result of the incubation process it was going through.

I have found in my own case that this incubation process works. I have the confidence to think hard about a problem and then forget about it for a period of time. When I begin to work on it again, new answers are usually present.

According to the passage, which of the following statements is true?