113 司法特考四等 法警類科 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

甲男於民國 103 年 2 月因車禍身亡，其妻乙遲至 103 年 8 月始依國民年金法之規定，申請遺屬年金給付，因而僅得自申請該月起領取給付。依司法院釋字第 766 號解釋意旨，下列敘述何者正確？

憲法增修條文第 5 條第 5 項規定：「政黨之目的或其行為，危害中華民國之存在或自由民主之憲政秩序者為違憲。」此規定展現下列何種民主的內涵？

依司法院大法官解釋及憲法法庭判決，有關原住民之身分認同權，下列敘述何者錯誤？

我國憲法本文對於邊疆地區之地方自治事業，有如何之規定？

關於軍事審判，下列敘述何者正確？

有關國家為興建水庫而要求人民遷村，下列敘述何者正確？

下列何者為學說上所稱之直接歧視？

依憲法法庭判決，強制汽車駕駛人在肇事而無法實施吐氣酒測時，應至醫療機構接受血液採檢的法律規定，所涉及的基本權不包括下列何者？

以下何者並非由總統提名或任命產生？

依憲法增修條文規定，有關監察委員之任命及職權，下列敘述何者錯誤？

依憲法訴訟法規定，關於憲法法庭的裁判效力，下列敘述何者錯誤？

依憲法法庭 111 年憲判字第 6 號判決，有關中央與地方分權，下列敘述何者正確？

有關我國憲法對於基本權利之保障，下列敘述何者正確？

依憲法規定，關於行政院，下列敘述何者正確？

依憲法訴訟法規定，下列何者僅得針對法律位階之法規範向憲法法庭聲請判決？

勞工遭遇職業災害，依據勞動基準法之規定，下列敘述何者錯誤？

下列關於聯合國消除對婦女一切形式歧視公約效力之敘述，何者正確？

有關「比例原則」，下列敘述何者錯誤？

關於中止犯，下列敘述何者錯誤？

甲、乙、丙及丁四人欲至銀行行竊，四人講好由甲負責在門口把風，乙負責破壞銀行安全設備，丙負責進入銀行保險庫內拿取錢財，丁則負責事前提供銀行配置圖及規劃行竊流程。依我國實務見解，下列敘述何者正確？

居住於臺北市之甲向臺北市 A 汽車經銷商購買一部汽車，但該汽車經常故障。有關甲得主張之申訴，下列敘述何者錯誤？

關於法院得聲請法規範憲法審查之審查標的，下列敘述何者正確？

關於憲法法庭審查庭之設置，下列敘述何者錯誤？

甲未授與乙代理權，乙卻擅自以甲的名義，向丙承攬 A 工程。下列敘述何者正確？

關於刑法之規定，下列敘述何者正確？

我國憲法學上常引用的「法治國」概念，主要是繼受自何國法？

依據地方制度法，關於自治法規之訂定機關與程序，下列敘述何者正確？

依據中央法規標準法，關於法規之廢止，下列敘述何者正確？

有學者主張，民法第 194 條對於慰撫金請求權是否可以讓與，並未有明文規定，此時應該基於法律上相同的理由，填補法律漏洞。此時該學者所主張的漏洞填補方法，應是下列何種方法？

依民法規定，有關收養子女之要件，下列敘述何者正確？

There was no international ____ among the countries on how to deal with the pandemic when it first broke out.

Suggestions from the survey have been ____ into the new law.

Joseph experienced intense ____ and trauma when he lost his parents in a fatal car crash.

If you need to drive in snowy weather, it is essential to take proper ____ to avoid an accident.

The mayor ____ the company to reconsider its decision to close its stores in phases over a few years.

A ____ jacket is ideal for outdoor activities because it can keep the body dry in case of rain.

The research team carried out detailed analysis before ____ their conclusions to the board of directors.

She was a ____ host. She made sure everyone was comfortable at the party.

As the storm approached, the captain made a prompt decision to change ____ of the ship.

The airline provided ____ towels to the passengers on the long-haul flight.

【題組共用題幹】

When Eliza, a marketing manager, returned from holiday, she was asked for a meeting at her boss’s office. She was informed of a company restructure. Someone else would take over her tasks, and she was asked not to go to office, but to work 41 in a new role.

In the weeks that followed, Eliza’s professional life became much quieter. Her main duties now were simply sending occasional email and completing the odd routine work from home. A month later, she quit. “It was 42,” she said. “I was made to feel worthless. I’d rather have been just fired on the spot than have to go through that.”

The phenomenon of 43 employees slowly is dubbed “quiet firing.” To avoid a hard conversation, employers choose to 44 workers and make their lives difficult. But quiet firing often creates even greater harm. It fails to create an inclusive workplace culture. It can affect a firm’s 45 for workers departing may share their experience in an online review. Worse yet, it may have a negative impact on one’s well-being.

Quiet firing may be the easiest option for bosses, but it’s not a good solution for firms or workers.

【題組共用題幹】

When Eliza, a marketing manager, returned from holiday, she was asked for a meeting at her boss’s office. She was informed of a company restructure. Someone else would take over her tasks, and she was asked not to go to office, but to work 41 in a new role.

In the weeks that followed, Eliza’s professional life became much quieter. Her main duties now were simply sending occasional email and completing the odd routine work from home. A month later, she quit. “It was 42,” she said. “I was made to feel worthless. I’d rather have been just fired on the spot than have to go through that.”

The phenomenon of 43 employees slowly is dubbed “quiet firing.” To avoid a hard conversation, employers choose to 44 workers and make their lives difficult. But quiet firing often creates even greater harm. It fails to create an inclusive workplace culture. It can affect a firm’s 45 for workers departing may share their experience in an online review. Worse yet, it may have a negative impact on one’s well-being.

Quiet firing may be the easiest option for bosses, but it’s not a good solution for firms or workers.

【題組共用題幹】

When Eliza, a marketing manager, returned from holiday, she was asked for a meeting at her boss’s office. She was informed of a company restructure. Someone else would take over her tasks, and she was asked not to go to office, but to work 41 in a new role.

In the weeks that followed, Eliza’s professional life became much quieter. Her main duties now were simply sending occasional email and completing the odd routine work from home. A month later, she quit. “It was 42,” she said. “I was made to feel worthless. I’d rather have been just fired on the spot than have to go through that.”

The phenomenon of 43 employees slowly is dubbed “quiet firing.” To avoid a hard conversation, employers choose to 44 workers and make their lives difficult. But quiet firing often creates even greater harm. It fails to create an inclusive workplace culture. It can affect a firm’s 45 for workers departing may share their experience in an online review. Worse yet, it may have a negative impact on one’s well-being.

Quiet firing may be the easiest option for bosses, but it’s not a good solution for firms or workers.

【題組共用題幹】

When Eliza, a marketing manager, returned from holiday, she was asked for a meeting at her boss’s office. She was informed of a company restructure. Someone else would take over her tasks, and she was asked not to go to office, but to work 41 in a new role.

In the weeks that followed, Eliza’s professional life became much quieter. Her main duties now were simply sending occasional email and completing the odd routine work from home. A month later, she quit. “It was 42,” she said. “I was made to feel worthless. I’d rather have been just fired on the spot than have to go through that.”

The phenomenon of 43 employees slowly is dubbed “quiet firing.” To avoid a hard conversation, employers choose to 44 workers and make their lives difficult. But quiet firing often creates even greater harm. It fails to create an inclusive workplace culture. It can affect a firm’s 45 for workers departing may share their experience in an online review. Worse yet, it may have a negative impact on one’s well-being.

Quiet firing may be the easiest option for bosses, but it’s not a good solution for firms or workers.

【題組共用題幹】

When Eliza, a marketing manager, returned from holiday, she was asked for a meeting at her boss’s office. She was informed of a company restructure. Someone else would take over her tasks, and she was asked not to go to office, but to work 41 in a new role.

In the weeks that followed, Eliza’s professional life became much quieter. Her main duties now were simply sending occasional email and completing the odd routine work from home. A month later, she quit. “It was 42,” she said. “I was made to feel worthless. I’d rather have been just fired on the spot than have to go through that.”

The phenomenon of 43 employees slowly is dubbed “quiet firing.” To avoid a hard conversation, employers choose to 44 workers and make their lives difficult. But quiet firing often creates even greater harm. It fails to create an inclusive workplace culture. It can affect a firm’s 45 for workers departing may share their experience in an online review. Worse yet, it may have a negative impact on one’s well-being.

Quiet firing may be the easiest option for bosses, but it’s not a good solution for firms or workers.

【題組共用題幹】

Maybe you refuse to open an umbrella inside your house or walk under a ladder that’s on a sidewalk. These are superstitions, or a belief that something bad will happen even if there’s no reason to think that it will.

One big superstition in the United States is that Friday the 13th is an unlucky day. Happening up to three times a year depending on the calendar, the day seems to make people more careful or avoid things they usually aren’t afraid to do.

Of course, no one can prove that more misfortune takes place on Friday the 13th. We just tend to notice it more if bad things happen on that day. But if Friday the 13th is only a superstition, why do people actually believe in it?

It’s hard to know exactly when Friday the 13th became thought of as unlucky, but it likely comes from the Christian religion. For example, in the Bible, Judas—a person who is said to have betrayed Jesus—was the 13th guest at the Last Supper. Also in the Bible, many unfortunate things happened on Fridays. So it made sense that people who read the Bible got nervous around Friday the 13th.

It’s also possible that 13 is considered “cursed” because it’s the number after 12, which many people see as a number that completes things. Think about it—12 months are in a year, 12 inches in a foot, 12 pairs of ribs in a body, etc. So it’s possible the number 13 makes people uneasy because it causes them to think about the unknown—beyond the number 12.

In other countries, Friday the 13th isn’t unlucky. For instance, in Spain, Tuesday the 13th is considered the day to dread. And in Italy, people fear the 17th day of any month. Why? It is because the Roman numeral XVII (17) can be rearranged to spell “VIXI,” which means “my life is over” in Latin. But, like in the United States, no one can prove that more terrible things occur on those days, either.

People who are super afraid on Friday the 13th might have a condition called triskaidekaphobia, which is a fear of the number 13. For most people, being afraid of Friday the 13th is just a superstition, something that we can have fun pretending to fear because we know there’s really nothing to fear.

According to the passage, which of the following is NOT considered superstitious in the US?

【題組共用題幹】

Maybe you refuse to open an umbrella inside your house or walk under a ladder that’s on a sidewalk. These are superstitions, or a belief that something bad will happen even if there’s no reason to think that it will.

One big superstition in the United States is that Friday the 13th is an unlucky day. Happening up to three times a year depending on the calendar, the day seems to make people more careful or avoid things they usually aren’t afraid to do.

Of course, no one can prove that more misfortune takes place on Friday the 13th. We just tend to notice it more if bad things happen on that day. But if Friday the 13th is only a superstition, why do people actually believe in it?

It’s hard to know exactly when Friday the 13th became thought of as unlucky, but it likely comes from the Christian religion. For example, in the Bible, Judas—a person who is said to have betrayed Jesus—was the 13th guest at the Last Supper. Also in the Bible, many unfortunate things happened on Fridays. So it made sense that people who read the Bible got nervous around Friday the 13th.

It’s also possible that 13 is considered “cursed” because it’s the number after 12, which many people see as a number that completes things. Think about it—12 months are in a year, 12 inches in a foot, 12 pairs of ribs in a body, etc. So it’s possible the number 13 makes people uneasy because it causes them to think about the unknown—beyond the number 12.

In other countries, Friday the 13th isn’t unlucky. For instance, in Spain, Tuesday the 13th is considered the day to dread. And in Italy, people fear the 17th day of any month. Why? It is because the Roman numeral XVII (17) can be rearranged to spell “VIXI,” which means “my life is over” in Latin. But, like in the United States, no one can prove that more terrible things occur on those days, either.

People who are super afraid on Friday the 13th might have a condition called triskaidekaphobia, which is a fear of the number 13. For most people, being afraid of Friday the 13th is just a superstition, something that we can have fun pretending to fear because we know there’s really nothing to fear.

According to the passage, why is 13 deemed as unlucky?

【題組共用題幹】

Maybe you refuse to open an umbrella inside your house or walk under a ladder that’s on a sidewalk. These are superstitions, or a belief that something bad will happen even if there’s no reason to think that it will.

One big superstition in the United States is that Friday the 13th is an unlucky day. Happening up to three times a year depending on the calendar, the day seems to make people more careful or avoid things they usually aren’t afraid to do.

Of course, no one can prove that more misfortune takes place on Friday the 13th. We just tend to notice it more if bad things happen on that day. But if Friday the 13th is only a superstition, why do people actually believe in it?

It’s hard to know exactly when Friday the 13th became thought of as unlucky, but it likely comes from the Christian religion. For example, in the Bible, Judas—a person who is said to have betrayed Jesus—was the 13th guest at the Last Supper. Also in the Bible, many unfortunate things happened on Fridays. So it made sense that people who read the Bible got nervous around Friday the 13th.

It’s also possible that 13 is considered “cursed” because it’s the number after 12, which many people see as a number that completes things. Think about it—12 months are in a year, 12 inches in a foot, 12 pairs of ribs in a body, etc. So it’s possible the number 13 makes people uneasy because it causes them to think about the unknown—beyond the number 12.

In other countries, Friday the 13th isn’t unlucky. For instance, in Spain, Tuesday the 13th is considered the day to dread. And in Italy, people fear the 17th day of any month. Why? It is because the Roman numeral XVII (17) can be rearranged to spell “VIXI,” which means “my life is over” in Latin. But, like in the United States, no one can prove that more terrible things occur on those days, either.

People who are super afraid on Friday the 13th might have a condition called triskaidekaphobia, which is a fear of the number 13. For most people, being afraid of Friday the 13th is just a superstition, something that we can have fun pretending to fear because we know there’s really nothing to fear.

According to the passage, which of the following is closest in meaning to the word “triskaidekaphobia”?

【題組共用題幹】

Maybe you refuse to open an umbrella inside your house or walk under a ladder that’s on a sidewalk. These are superstitions, or a belief that something bad will happen even if there’s no reason to think that it will.

One big superstition in the United States is that Friday the 13th is an unlucky day. Happening up to three times a year depending on the calendar, the day seems to make people more careful or avoid things they usually aren’t afraid to do.

Of course, no one can prove that more misfortune takes place on Friday the 13th. We just tend to notice it more if bad things happen on that day. But if Friday the 13th is only a superstition, why do people actually believe in it?

It’s hard to know exactly when Friday the 13th became thought of as unlucky, but it likely comes from the Christian religion. For example, in the Bible, Judas—a person who is said to have betrayed Jesus—was the 13th guest at the Last Supper. Also in the Bible, many unfortunate things happened on Fridays. So it made sense that people who read the Bible got nervous around Friday the 13th.

It’s also possible that 13 is considered “cursed” because it’s the number after 12, which many people see as a number that completes things. Think about it—12 months are in a year, 12 inches in a foot, 12 pairs of ribs in a body, etc. So it’s possible the number 13 makes people uneasy because it causes them to think about the unknown—beyond the number 12.

In other countries, Friday the 13th isn’t unlucky. For instance, in Spain, Tuesday the 13th is considered the day to dread. And in Italy, people fear the 17th day of any month. Why? It is because the Roman numeral XVII (17) can be rearranged to spell “VIXI,” which means “my life is over” in Latin. But, like in the United States, no one can prove that more terrible things occur on those days, either.

People who are super afraid on Friday the 13th might have a condition called triskaidekaphobia, which is a fear of the number 13. For most people, being afraid of Friday the 13th is just a superstition, something that we can have fun pretending to fear because we know there’s really nothing to fear.

How many times can Friday the 13th occur the most in a year?

【題組共用題幹】

Maybe you refuse to open an umbrella inside your house or walk under a ladder that’s on a sidewalk. These are superstitions, or a belief that something bad will happen even if there’s no reason to think that it will.

One big superstition in the United States is that Friday the 13th is an unlucky day. Happening up to three times a year depending on the calendar, the day seems to make people more careful or avoid things they usually aren’t afraid to do.

Of course, no one can prove that more misfortune takes place on Friday the 13th. We just tend to notice it more if bad things happen on that day. But if Friday the 13th is only a superstition, why do people actually believe in it?

It’s hard to know exactly when Friday the 13th became thought of as unlucky, but it likely comes from the Christian religion. For example, in the Bible, Judas—a person who is said to have betrayed Jesus—was the 13th guest at the Last Supper. Also in the Bible, many unfortunate things happened on Fridays. So it made sense that people who read the Bible got nervous around Friday the 13th.

It’s also possible that 13 is considered “cursed” because it’s the number after 12, which many people see as a number that completes things. Think about it—12 months are in a year, 12 inches in a foot, 12 pairs of ribs in a body, etc. So it’s possible the number 13 makes people uneasy because it causes them to think about the unknown—beyond the number 12.

In other countries, Friday the 13th isn’t unlucky. For instance, in Spain, Tuesday the 13th is considered the day to dread. And in Italy, people fear the 17th day of any month. Why? It is because the Roman numeral XVII (17) can be rearranged to spell “VIXI,” which means “my life is over” in Latin. But, like in the United States, no one can prove that more terrible things occur on those days, either.

People who are super afraid on Friday the 13th might have a condition called triskaidekaphobia, which is a fear of the number 13. For most people, being afraid of Friday the 13th is just a superstition, something that we can have fun pretending to fear because we know there’s really nothing to fear.

In what section of a magazine would the passage most likely appear?