108 司法特考四等 監所管理員(男) 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

下列何者並非現行憲法對政府體制之規定？

依憲法增修條文規定，下列何者為國家應優先編列之經費？

國家依行政執行法，對於不履行金錢給付義務之債務人予以管收，係對何種基本權利之限制？

依司法院釋字第 414 號解釋意旨，商品標示涉及下列何種憲法上權利？

關於訴訟權之保障內涵，下列敘述何者錯誤？

依司法院大法官對集會遊行自由之解釋，下列敘述何者錯誤？

有關罷免之敘述，下列何者錯誤？

關於憲法明定之選舉人資格，下列敘述何者錯誤？

依憲法增修條文規定，下列敘述何者錯誤？

有關行政院院長人事權的敘述，下列何者錯誤？

有關立法委員選舉方式，下列敘述何者錯誤？

依憲法與司法院大法官解釋，下列關於預算之敘述，何者錯誤？

下列何者並非憲法第 80 條所稱之法官？

法官於審理案件時，對於應適用之法律，依其合理之確信，認為有牴觸憲法之疑義者，各級法院得以之為先決問題，裁定停止訴訟程序，聲請大法官解釋。此處所謂先決問題，係指下列何者？

宣告法律是否牴觸憲法，係專屬下列哪一機關之職掌？

行政機關於舉辦各類考試時，對於身心障礙者皆會延長考試時間。此正足以說明所謂的平等，係指下列何者？

關於地方制度法中委辦規則之規定，下列敘述何者錯誤？

無行為能力人以其法定代理人之住所為「住所」，該「住所」為：

刑法基本採取屬地主義，適用於中華民國領域內發生之犯罪行為，下列何者並非刑法所規定的中華民國領域內？

根據全民健康保險法第 25 條規定，全民健康保險財務，由保險人至少每 5 年精算一次；每次精算多少年？

依司法院大法官解釋，下列何者尚無違背憲法第 7 條保障人民平等權之意旨？

委任關係消滅之事由，係由當事人之一方發生者，於他方知其事由，或可得而知事由前，委任關係之效力如何？

被繼承人甲死亡後，遺留債務數筆，繼承人依民法第 1156 條開具遺產清冊陳報法院。下述債權人何者無優先受償權？

甲、乙、丙共有 L 地，三人為書面的分割協議，約定將 L 地分割為 L1、L2 及 L3，由甲、乙、丙分別依序取得單獨所有權。下列敘述何者正確？

依民法規定，下列關於利息之債之敘述，何者正確？

依性別工作平等法第 15 條第 1 項之規定，女性受僱者妊娠未滿二個月流產者，雇主應給予多長之產假？

甲與乙結婚 10 年之後，才發現乙是有婦之夫；甲婚後仍有豐厚之工作收入，但因此事飽受親友議論訕笑。下列有關甲可對乙主張之權利的敘述，何者錯誤？

依著作權法之規定，下列何者不屬於「散布」之定義？

職業災害保險費率，分為行業別災害費率及上、下班災害費率二種，由中央主管機關擬訂，報請行政院核定，送請立法院查照。請問該等費率，每幾年調整一次？

甲於民國 92 年 9 月間涉犯連續竊盜罪嫌，民國 96 年 9 月始遭查獲，下列敘述何者正確？

George emailed me and I replied. We began to correspond, both of us were cautious at first.

If I file a complaint against a doctor, will my identity be kept ____ so that my name won’t be revealed?

Everyone is supposed to be equal but I’ve heard a great many men make unfavorable comments to embarrass or ____ women.

Pasteur attended a famous school in Paris and soon ____ with his research.

The taxi driver was obviously ____ by going through the red light, and caused an accident.

Tim doesn’t know English, so he has to rely on his wife to ____ everything for him while travelling in America.

My father had to work outside all night, and the whipping bitter wind made his hands red and ____.

A majority of unemployed families depend for their survival on the financial ____ that was offered by the local government.

Even though Jason is complaining about his current job, he is ____ to quit until he finds a new one.

Like human beings, stars have a full life cycle. Born out of interstellar clouds, stars go on to have calm and ____ lives as adults, and then die quietly.

【題組共用題幹】

More than 320 million metric tons of plastic are produced every year — and a disturbing amount ends up in the ocean, with much of it ____ in places like the Great Pacific Garbage Patch.

The Great Pacific Garbage Patch is a massive area measuring more than 1.6 million square kilometers.

Researchers from the Ocean Cleanup foundation conducted a survey of plastic in the area, using planes to ____ from the sky and boats to trawl the water. They found that the amount of plastic there seemed to be increasing exponentially and that there could be 16 times as much as previously thought.

There’s far too much plastic in the world’s oceans, and the problem continues to ____. Every little bit of plastic that gets tossed into the ocean or swept downstream out to sea either sinks or is picked up by currents. Much of it is eventually carried into one of five massive ocean regions, where plastic can be so ____ that areas have garnered names like the Great Pacific Garbage Patch.

There may be more than 16 times as much plastic in the patch than previous studies have ____, according to the researchers behind the study. An aerial view of the Great Pacific Garbage Patch might at first appear to be open water. But inside there is debris from all over the world — debris that traps or is eaten by marine animals, filling up their bodies to the point of being fatal and tainting our food supply.

More than 320 million metric tons of plastic are produced every year — and a disturbing amount ends up in the ocean, with much of it ____ in places like the Great Pacific Garbage Patch.

【題組共用題幹】

More than 320 million metric tons of plastic are produced every year — and a disturbing amount ends up in the ocean, with much of it ____ in places like the Great Pacific Garbage Patch.

The Great Pacific Garbage Patch is a massive area measuring more than 1.6 million square kilometers.

Researchers from the Ocean Cleanup foundation conducted a survey of plastic in the area, using planes to ____ from the sky and boats to trawl the water. They found that the amount of plastic there seemed to be increasing exponentially and that there could be 16 times as much as previously thought.

There’s far too much plastic in the world’s oceans, and the problem continues to ____. Every little bit of plastic that gets tossed into the ocean or swept downstream out to sea either sinks or is picked up by currents. Much of it is eventually carried into one of five massive ocean regions, where plastic can be so ____ that areas have garnered names like the Great Pacific Garbage Patch.

There may be more than 16 times as much plastic in the patch than previous studies have ____, according to the researchers behind the study. An aerial view of the Great Pacific Garbage Patch might at first appear to be open water. But inside there is debris from all over the world — debris that traps or is eaten by marine animals, filling up their bodies to the point of being fatal and tainting our food supply.

Researchers from the Ocean Cleanup foundation conducted a survey of plastic in the area, using planes to ____ from the sky and boats to trawl the water.

【題組共用題幹】

More than 320 million metric tons of plastic are produced every year — and a disturbing amount ends up in the ocean, with much of it ____ in places like the Great Pacific Garbage Patch.

The Great Pacific Garbage Patch is a massive area measuring more than 1.6 million square kilometers.

Researchers from the Ocean Cleanup foundation conducted a survey of plastic in the area, using planes to ____ from the sky and boats to trawl the water. They found that the amount of plastic there seemed to be increasing exponentially and that there could be 16 times as much as previously thought.

There’s far too much plastic in the world’s oceans, and the problem continues to ____. Every little bit of plastic that gets tossed into the ocean or swept downstream out to sea either sinks or is picked up by currents. Much of it is eventually carried into one of five massive ocean regions, where plastic can be so ____ that areas have garnered names like the Great Pacific Garbage Patch.

There may be more than 16 times as much plastic in the patch than previous studies have ____, according to the researchers behind the study. An aerial view of the Great Pacific Garbage Patch might at first appear to be open water. But inside there is debris from all over the world — debris that traps or is eaten by marine animals, filling up their bodies to the point of being fatal and tainting our food supply.

There’s far too much plastic in the world’s oceans, and the problem continues to ____.

【題組共用題幹】

More than 320 million metric tons of plastic are produced every year — and a disturbing amount ends up in the ocean, with much of it ____ in places like the Great Pacific Garbage Patch.

The Great Pacific Garbage Patch is a massive area measuring more than 1.6 million square kilometers.

Researchers from the Ocean Cleanup foundation conducted a survey of plastic in the area, using planes to ____ from the sky and boats to trawl the water. They found that the amount of plastic there seemed to be increasing exponentially and that there could be 16 times as much as previously thought.

There’s far too much plastic in the world’s oceans, and the problem continues to ____. Every little bit of plastic that gets tossed into the ocean or swept downstream out to sea either sinks or is picked up by currents. Much of it is eventually carried into one of five massive ocean regions, where plastic can be so ____ that areas have garnered names like the Great Pacific Garbage Patch.

There may be more than 16 times as much plastic in the patch than previous studies have ____, according to the researchers behind the study. An aerial view of the Great Pacific Garbage Patch might at first appear to be open water. But inside there is debris from all over the world — debris that traps or is eaten by marine animals, filling up their bodies to the point of being fatal and tainting our food supply.

Much of it is eventually carried into one of five massive ocean regions, where plastic can be so ____ that areas have garnered names like the Great Pacific Garbage Patch.

【題組共用題幹】

More than 320 million metric tons of plastic are produced every year — and a disturbing amount ends up in the ocean, with much of it ____ in places like the Great Pacific Garbage Patch.

The Great Pacific Garbage Patch is a massive area measuring more than 1.6 million square kilometers.

Researchers from the Ocean Cleanup foundation conducted a survey of plastic in the area, using planes to ____ from the sky and boats to trawl the water. They found that the amount of plastic there seemed to be increasing exponentially and that there could be 16 times as much as previously thought.

There’s far too much plastic in the world’s oceans, and the problem continues to ____. Every little bit of plastic that gets tossed into the ocean or swept downstream out to sea either sinks or is picked up by currents. Much of it is eventually carried into one of five massive ocean regions, where plastic can be so ____ that areas have garnered names like the Great Pacific Garbage Patch.

There may be more than 16 times as much plastic in the patch than previous studies have ____, according to the researchers behind the study. An aerial view of the Great Pacific Garbage Patch might at first appear to be open water. But inside there is debris from all over the world — debris that traps or is eaten by marine animals, filling up their bodies to the point of being fatal and tainting our food supply.

There may be more than 16 times as much plastic in the patch than previous studies have ____.

【題組共用題幹】

Researchers at Vanderbilt University decided to find out how intelligent various animals are. To rightly compare brain power in species, it isn’t enough to weigh brain tissue. You must take into account the brain relative to the organism’s size. But this may fall short of evaluating actual intelligence.

Neuroscientist Suzana Herculano-Houzel said, “I believe the absolute number of neurons an animal has determined the richness of their internal mental state and their ability to predict what is about to happen in their environment based on past experience.” She and her colleagues found that meat eaters have about the same number of neurons as plant eaters. That means plant eaters need as much brain power to escape from predators as meat eaters need to catch them.

How do cats and dogs measure up? Previous findings had cats ahead at 300 million neurons to dogs roughly 160 million. In this latest study, however, dogs were on top, with 530 million neurons to cats 250 million. Just for comparison, humans have around 16 billion such neurons. Even so, dogs were way above other meat eaters in the brain power department.

Having a bigger brain has a downside, researchers have found. “Meat eating is largely considered a problem-solver in terms of energy,” Herculano-Houzel said, “but in retrospect, it is clear that meat eating animals must impose a delicate balance between how much brain and body a species can afford.” This may be why you often see large predators like lions and bears dozing.

Which of the following phrases is closest in meaning to the word “species”?

【題組共用題幹】

Researchers at Vanderbilt University decided to find out how intelligent various animals are. To rightly compare brain power in species, it isn’t enough to weigh brain tissue. You must take into account the brain relative to the organism’s size. But this may fall short of evaluating actual intelligence.

Neuroscientist Suzana Herculano-Houzel said, “I believe the absolute number of neurons an animal has determined the richness of their internal mental state and their ability to predict what is about to happen in their environment based on past experience.” She and her colleagues found that meat eaters have about the same number of neurons as plant eaters. That means plant eaters need as much brain power to escape from predators as meat eaters need to catch them.

How do cats and dogs measure up? Previous findings had cats ahead at 300 million neurons to dogs roughly 160 million. In this latest study, however, dogs were on top, with 530 million neurons to cats 250 million. Just for comparison, humans have around 16 billion such neurons. Even so, dogs were way above other meat eaters in the brain power department.

Having a bigger brain has a downside, researchers have found. “Meat eating is largely considered a problem-solver in terms of energy,” Herculano-Houzel said, “but in retrospect, it is clear that meat eating animals must impose a delicate balance between how much brain and body a species can afford.” This may be why you often see large predators like lions and bears dozing.

What is the main idea of this passage?

【題組共用題幹】

Researchers at Vanderbilt University decided to find out how intelligent various animals are. To rightly compare brain power in species, it isn’t enough to weigh brain tissue. You must take into account the brain relative to the organism’s size. But this may fall short of evaluating actual intelligence.

Neuroscientist Suzana Herculano-Houzel said, “I believe the absolute number of neurons an animal has determined the richness of their internal mental state and their ability to predict what is about to happen in their environment based on past experience.” She and her colleagues found that meat eaters have about the same number of neurons as plant eaters. That means plant eaters need as much brain power to escape from predators as meat eaters need to catch them.

How do cats and dogs measure up? Previous findings had cats ahead at 300 million neurons to dogs roughly 160 million. In this latest study, however, dogs were on top, with 530 million neurons to cats 250 million. Just for comparison, humans have around 16 billion such neurons. Even so, dogs were way above other meat eaters in the brain power department.

Having a bigger brain has a downside, researchers have found. “Meat eating is largely considered a problem-solver in terms of energy,” Herculano-Houzel said, “but in retrospect, it is clear that meat eating animals must impose a delicate balance between how much brain and body a species can afford.” This may be why you often see large predators like lions and bears dozing.

According to the latest study, which of the following statements is true?

【題組共用題幹】

Researchers at Vanderbilt University decided to find out how intelligent various animals are. To rightly compare brain power in species, it isn’t enough to weigh brain tissue. You must take into account the brain relative to the organism’s size. But this may fall short of evaluating actual intelligence.

Neuroscientist Suzana Herculano-Houzel said, “I believe the absolute number of neurons an animal has determined the richness of their internal mental state and their ability to predict what is about to happen in their environment based on past experience.” She and her colleagues found that meat eaters have about the same number of neurons as plant eaters. That means plant eaters need as much brain power to escape from predators as meat eaters need to catch them.

How do cats and dogs measure up? Previous findings had cats ahead at 300 million neurons to dogs roughly 160 million. In this latest study, however, dogs were on top, with 530 million neurons to cats 250 million. Just for comparison, humans have around 16 billion such neurons. Even so, dogs were way above other meat eaters in the brain power department.

Having a bigger brain has a downside, researchers have found. “Meat eating is largely considered a problem-solver in terms of energy,” Herculano-Houzel said, “but in retrospect, it is clear that meat eating animals must impose a delicate balance between how much brain and body a species can afford.” This may be why you often see large predators like lions and bears dozing.

According to the passage, why do plant eaters need to have strong brain power?

【題組共用題幹】

Researchers at Vanderbilt University decided to find out how intelligent various animals are. To rightly compare brain power in species, it isn’t enough to weigh brain tissue. You must take into account the brain relative to the organism’s size. But this may fall short of evaluating actual intelligence.

Neuroscientist Suzana Herculano-Houzel said, “I believe the absolute number of neurons an animal has determined the richness of their internal mental state and their ability to predict what is about to happen in their environment based on past experience.” She and her colleagues found that meat eaters have about the same number of neurons as plant eaters. That means plant eaters need as much brain power to escape from predators as meat eaters need to catch them.

How do cats and dogs measure up? Previous findings had cats ahead at 300 million neurons to dogs roughly 160 million. In this latest study, however, dogs were on top, with 530 million neurons to cats 250 million. Just for comparison, humans have around 16 billion such neurons. Even so, dogs were way above other meat eaters in the brain power department.

Having a bigger brain has a downside, researchers have found. “Meat eating is largely considered a problem-solver in terms of energy,” Herculano-Houzel said, “but in retrospect, it is clear that meat eating animals must impose a delicate balance between how much brain and body a species can afford.” This may be why you often see large predators like lions and bears dozing.

Which of the following statements can be inferred from this passage?