111 司法特考四等 執行員 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

下列何者為憲法增修條文所明定之基本國策？

依憲法增修條文規定，教育、科學、文化之經費，應如何編列？

依憲法第 8 條及相關大法官解釋意旨，關於人身自由，下列敘述何者錯誤？

依據司法院釋字第 573 號解釋之意旨，關於憲法對宗教信仰自由之保障，下列敘述何者錯誤？

關於原住民族工作權保障法規定，依政府採購法得標之廠商，於國內員工總人數逾 100 人者，應於履約期間僱用原住民，其人數不得低於總人數百分之一，下列敘述何者錯誤？

有關應考試權，下列敘述何者錯誤？

關於憲法第 21 條規定之國民教育，下列敘述何者錯誤？

依司法院釋字第 689 號解釋意旨，社會秩序維護法對新聞採訪者之跟追行為有一定的限制，旨在衡平跟追者的新聞採訪自由與被跟追者之何種自由？

下列何者最不屬於比例原則之內涵？

依司法院大法官解釋意旨，獨立機關之設置是否合憲，應綜合各項因素判斷能否維持一定之民主正當性基礎，下列何者非屬之？

依憲法增修條文及司法院大法官解釋意旨，關於立法委員，下列敘述何者正確？

下列人員之資格，何者不須經考試院依法考選銓定之？

關於司法院大法官，下列敘述何者錯誤？

下列何者屬於憲法法庭之職權？

依司法院釋字第 527 號解釋及憲法訴訟法規定，有關地方之組織及權限，下列敘述何者錯誤？

關於法律之種類，下列敘述何者錯誤？

臺灣法律體制的現代化，至何時才全面展開？

「公園魚池旁有禁止垂釣之警告，網魚雖然沒有明示在警告之中，但應包含在內。」此段話所採取的是何種法律解釋方法？

下列何種情形司法院大法官會傾向於採取最嚴格之審查基準？

下列何項情形，最符合「裁量怠惰」之描述？

關於行為人犯罪故意的判斷，依實務見解，下列敘述何者錯誤？

甲律師於看守所接見被告乙時，提供開鎖工具給在押的乙，乙因而成功脫逃。甲有何刑責？

關於著作財產權之利用，以下敘述何者正確？

依勞動基準法第 15 條之 1 規定，雇主約定最低服務年限之合法性，應參考有無提供專業培訓、支付培訓費用、提供補償等因素。下列何者非屬專業技術培訓？

依地方制度法規定，下列何者不屬於設籍於臺東縣人民得享有之地方自治團體居民之權利？

有關行政程序法之聽證程序，下列敘述何者正確？

下列何者是依民法規定僅適用於不動產的擔保物權？

住在高雄之甲乙為夫妻，並育有 8 歲大的兒子丙。然而甲因最近失業心情不好，常借酒澆愁，酒後更時常在丙面前對乙暴力相向。試問依家庭暴力防治法之規定：乙若想向法院聲請民事保護令，應向下列哪個法院提出聲請？

稱旅遊契約者，謂旅客與旅遊營業人所訂定之契約。關於旅客之權利，下列敘述何者錯誤？

依法律規定、習慣或法律行為，成一公同關係之數人，基於其公同關係，而共有一物者，為公同共有人。下列何者並非公同關係？

The government wants to create an _____ to defend freedom, safety, human rights, and democracy.

Tim has booked a ticket to Chicago and _____ a single room at the hotel.

After she graduates from college next year, she will _____ as an elementary school teacher.

It is _____ that an ancient artifact shows wear and tear after thousands of years.

Durian has such a _____ smell that, in most cases, people love it or hate it.

John drank a lot of beer and whisky and got completely drunk last night because all the alcoholic drinks in the hotel room are _____.

Mrs. Wong _____ her new-born baby very much, so she already made many plans for its future.

This shrine is _____ to the memory of soldiers killed in the defense of the country.

A person with a(n) _____ attitude often feels a task is too difficult to complete before actually giving it a try.

Some women suffering from _____ violence choose to remain silent because of their children.

【題組共用題幹】

Communication is crucial for a social species and particularly for human infants who are dependent on others for years.

When children start to learn language, they first learn to ____ words (as well as emotional tones, etc.) and only later produce words or the signs of sign language. There is no good way to ____ exactly what an infant understands, so almost all of the research has been about what words children produce. As an important first step in producing language, a child must learn to produce the sounds of her language, ____ she already can perceive. These efforts are known as babbling, and similar practice takes place in the hand movements of children learning signed languages. ____ the child can produce enough of the basic phonemes of her language, the production of words starts and there is no looking back. The generally accepted ____ is that a child learns an average of ten new words a day between the ages of 2 and 12. At the beginning, the learning is slower, more like ten words per week. With these early words, the child is able to name her experiences and communicate with her caregivers.

When children start to learn language, they first learn to ____ words. Which word best fits the blank?

【題組共用題幹】

Communication is crucial for a social species and particularly for human infants who are dependent on others for years.

When children start to learn language, they first learn to ____ words (as well as emotional tones, etc.) and only later produce words or the signs of sign language. There is no good way to ____ exactly what an infant understands, so almost all of the research has been about what words children produce. As an important first step in producing language, a child must learn to produce the sounds of her language, ____ she already can perceive. These efforts are known as babbling, and similar practice takes place in the hand movements of children learning signed languages. ____ the child can produce enough of the basic phonemes of her language, the production of words starts and there is no looking back. The generally accepted ____ is that a child learns an average of ten new words a day between the ages of 2 and 12. At the beginning, the learning is slower, more like ten words per week. With these early words, the child is able to name her experiences and communicate with her caregivers.

There is no good way to ____ exactly what an infant understands. Which word best fits the blank?

【題組共用題幹】

Communication is crucial for a social species and particularly for human infants who are dependent on others for years.

When children start to learn language, they first learn to ____ words (as well as emotional tones, etc.) and only later produce words or the signs of sign language. There is no good way to ____ exactly what an infant understands, so almost all of the research has been about what words children produce. As an important first step in producing language, a child must learn to produce the sounds of her language, ____ she already can perceive. These efforts are known as babbling, and similar practice takes place in the hand movements of children learning signed languages. ____ the child can produce enough of the basic phonemes of her language, the production of words starts and there is no looking back. The generally accepted ____ is that a child learns an average of ten new words a day between the ages of 2 and 12. At the beginning, the learning is slower, more like ten words per week. With these early words, the child is able to name her experiences and communicate with her caregivers.

As an important first step in producing language, a child must learn to produce the sounds of her language, ____ she already can perceive. Which word best fits the blank?

【題組共用題幹】

Communication is crucial for a social species and particularly for human infants who are dependent on others for years.

When children start to learn language, they first learn to ____ words (as well as emotional tones, etc.) and only later produce words or the signs of sign language. There is no good way to ____ exactly what an infant understands, so almost all of the research has been about what words children produce. As an important first step in producing language, a child must learn to produce the sounds of her language, ____ she already can perceive. These efforts are known as babbling, and similar practice takes place in the hand movements of children learning signed languages. ____ the child can produce enough of the basic phonemes of her language, the production of words starts and there is no looking back. The generally accepted ____ is that a child learns an average of ten new words a day between the ages of 2 and 12. At the beginning, the learning is slower, more like ten words per week. With these early words, the child is able to name her experiences and communicate with her caregivers.

____ the child can produce enough of the basic phonemes of her language, the production of words starts and there is no looking back. Which word best fits the blank?

【題組共用題幹】

Communication is crucial for a social species and particularly for human infants who are dependent on others for years.

When children start to learn language, they first learn to ____ words (as well as emotional tones, etc.) and only later produce words or the signs of sign language. There is no good way to ____ exactly what an infant understands, so almost all of the research has been about what words children produce. As an important first step in producing language, a child must learn to produce the sounds of her language, ____ she already can perceive. These efforts are known as babbling, and similar practice takes place in the hand movements of children learning signed languages. ____ the child can produce enough of the basic phonemes of her language, the production of words starts and there is no looking back. The generally accepted ____ is that a child learns an average of ten new words a day between the ages of 2 and 12. At the beginning, the learning is slower, more like ten words per week. With these early words, the child is able to name her experiences and communicate with her caregivers.

The generally accepted ____ is that a child learns an average of ten new words a day between the ages of 2 and 12. Which word best fits the blank?

【題組共用題幹】

Cheese is a dairy product, derived from milk and produced in wide ranges of flavors, textures, and forms. There are hundreds of different types of cheese around the world, and they are made mostly from the milk of cows but also other mammals, including sheep, goats, buffalo, reindeer, camels, and yaks. Cheese also contains water. A soft cheese, like Brie, contains more water than a hard cheese, like Parmesan. Since it contains vitamins and protein, cheese is nutritious, which can be used both as a food itself and in many different types of cooking. Cheese is produced through a process called “fermentation.” The process of making cheese was probably discovered by chance. Ancient people used to make bags, using the skin from an animal’s stomach. When they used these skin bags to carry milk, bacteria from the animal’s skin reacted with the milk. Then the milk was fermented, and the result was cheese. Around 4,000 years ago, people started to breed animals and process their milk. Today, cheese making is a very scientific process. First, the milk that will be used is pasteurized, which means that it is heated to remove all bacteria. Then specially cultivated bacteria, called “cultures,” are added to the milk. The milk is kept fairly warm during this period to help the cultures grow. As they grow, the cultures sometimes release bubbles of carbon dioxide. These bubbles help make the holes in Swiss cheese. Next, as the milk ripens, it forms a solid substance. This substance is called “curd.” The curd is removed, and the water is drained from it. The curd forms the basis of the cheese and may be treated in different ways. Finally, once it is matured and dried, the cheese is ready.

Which of the following is the best title for the passage?

【題組共用題幹】

Cheese is a dairy product, derived from milk and produced in wide ranges of flavors, textures, and forms. There are hundreds of different types of cheese around the world, and they are made mostly from the milk of cows but also other mammals, including sheep, goats, buffalo, reindeer, camels, and yaks. Cheese also contains water. A soft cheese, like Brie, contains more water than a hard cheese, like Parmesan. Since it contains vitamins and protein, cheese is nutritious, which can be used both as a food itself and in many different types of cooking. Cheese is produced through a process called “fermentation.” The process of making cheese was probably discovered by chance. Ancient people used to make bags, using the skin from an animal’s stomach. When they used these skin bags to carry milk, bacteria from the animal’s skin reacted with the milk. Then the milk was fermented, and the result was cheese. Around 4,000 years ago, people started to breed animals and process their milk. Today, cheese making is a very scientific process. First, the milk that will be used is pasteurized, which means that it is heated to remove all bacteria. Then specially cultivated bacteria, called “cultures,” are added to the milk. The milk is kept fairly warm during this period to help the cultures grow. As they grow, the cultures sometimes release bubbles of carbon dioxide. These bubbles help make the holes in Swiss cheese. Next, as the milk ripens, it forms a solid substance. This substance is called “curd.” The curd is removed, and the water is drained from it. The curd forms the basis of the cheese and may be treated in different ways. Finally, once it is matured and dried, the cheese is ready.

Which of the following is closest in meaning to “drained”?

【題組共用題幹】

Cheese is a dairy product, derived from milk and produced in wide ranges of flavors, textures, and forms. There are hundreds of different types of cheese around the world, and they are made mostly from the milk of cows but also other mammals, including sheep, goats, buffalo, reindeer, camels, and yaks. Cheese also contains water. A soft cheese, like Brie, contains more water than a hard cheese, like Parmesan. Since it contains vitamins and protein, cheese is nutritious, which can be used both as a food itself and in many different types of cooking. Cheese is produced through a process called “fermentation.” The process of making cheese was probably discovered by chance. Ancient people used to make bags, using the skin from an animal’s stomach. When they used these skin bags to carry milk, bacteria from the animal’s skin reacted with the milk. Then the milk was fermented, and the result was cheese. Around 4,000 years ago, people started to breed animals and process their milk. Today, cheese making is a very scientific process. First, the milk that will be used is pasteurized, which means that it is heated to remove all bacteria. Then specially cultivated bacteria, called “cultures,” are added to the milk. The milk is kept fairly warm during this period to help the cultures grow. As they grow, the cultures sometimes release bubbles of carbon dioxide. These bubbles help make the holes in Swiss cheese. Next, as the milk ripens, it forms a solid substance. This substance is called “curd.” The curd is removed, and the water is drained from it. The curd forms the basis of the cheese and may be treated in different ways. Finally, once it is matured and dried, the cheese is ready.

According to the passage, which of the following is necessary to the process of “fermentation”?

【題組共用題幹】

Cheese is a dairy product, derived from milk and produced in wide ranges of flavors, textures, and forms. There are hundreds of different types of cheese around the world, and they are made mostly from the milk of cows but also other mammals, including sheep, goats, buffalo, reindeer, camels, and yaks. Cheese also contains water. A soft cheese, like Brie, contains more water than a hard cheese, like Parmesan. Since it contains vitamins and protein, cheese is nutritious, which can be used both as a food itself and in many different types of cooking. Cheese is produced through a process called “fermentation.” The process of making cheese was probably discovered by chance. Ancient people used to make bags, using the skin from an animal’s stomach. When they used these skin bags to carry milk, bacteria from the animal’s skin reacted with the milk. Then the milk was fermented, and the result was cheese. Around 4,000 years ago, people started to breed animals and process their milk. Today, cheese making is a very scientific process. First, the milk that will be used is pasteurized, which means that it is heated to remove all bacteria. Then specially cultivated bacteria, called “cultures,” are added to the milk. The milk is kept fairly warm during this period to help the cultures grow. As they grow, the cultures sometimes release bubbles of carbon dioxide. These bubbles help make the holes in Swiss cheese. Next, as the milk ripens, it forms a solid substance. This substance is called “curd.” The curd is removed, and the water is drained from it. The curd forms the basis of the cheese and may be treated in different ways. Finally, once it is matured and dried, the cheese is ready.

According to the passage, which of the following does pasteurization require?

【題組共用題幹】

Cheese is a dairy product, derived from milk and produced in wide ranges of flavors, textures, and forms. There are hundreds of different types of cheese around the world, and they are made mostly from the milk of cows but also other mammals, including sheep, goats, buffalo, reindeer, camels, and yaks. Cheese also contains water. A soft cheese, like Brie, contains more water than a hard cheese, like Parmesan. Since it contains vitamins and protein, cheese is nutritious, which can be used both as a food itself and in many different types of cooking. Cheese is produced through a process called “fermentation.” The process of making cheese was probably discovered by chance. Ancient people used to make bags, using the skin from an animal’s stomach. When they used these skin bags to carry milk, bacteria from the animal’s skin reacted with the milk. Then the milk was fermented, and the result was cheese. Around 4,000 years ago, people started to breed animals and process their milk. Today, cheese making is a very scientific process. First, the milk that will be used is pasteurized, which means that it is heated to remove all bacteria. Then specially cultivated bacteria, called “cultures,” are added to the milk. The milk is kept fairly warm during this period to help the cultures grow. As they grow, the cultures sometimes release bubbles of carbon dioxide. These bubbles help make the holes in Swiss cheese. Next, as the milk ripens, it forms a solid substance. This substance is called “curd.” The curd is removed, and the water is drained from it. The curd forms the basis of the cheese and may be treated in different ways. Finally, once it is matured and dried, the cheese is ready.

Which of the following is true according to the passage?