112 司法特考四等 監所管理員（女） 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

下列何者並非共和國之特徵？

依憲法增修條文規定，國家應依民族意願，保障原住民族之地位及政治參與，並對其教育文化、交通水利、衛生醫療、經濟土地及社會福利事業予以保障扶助並促其發展，其辦法另以法律定之。此規定對於下列哪些地區人民亦同？

依司法院大法官解釋意旨，下列何者非屬憲法第 11 條保障之範圍？

依司法院大法官解釋意旨，宗教團體之下列權利，何者不受憲法上宗教結社自由之保障？

依司法院大法官解釋，民法曾規定有關妻以夫之住所為住所、贅夫以妻之住所為住所之規定，違反下列何種基本權？

基於對人民生存權的保障，國家須使人民維持最低度合於人性尊嚴的生活，人民也有相應的請求權，此乃憲法上何種基本權功能的展現？

下列何種費用之徵收，得由法律授權以命令訂之，無憲法第 19 條之適用？

依相關大法官解釋及憲法法庭判決，有關憲法隱私權之保障，下列敘述何者錯誤？

依司法院釋字第 587 號解釋，關於婚生否認之訴之說明，下列敘述何者錯誤？

依憲法規定，有關行政院職權，下列敘述何者錯誤？

有關立法委員之選舉，下列敘述何者錯誤？

下列何種自由為人類一切自由權利之根本，任何人不分國籍均應受保障？

在現行憲政體制下，下列何者非司法院院長的職權？

關於立法委員聲請解釋之要件，下列何者是司法院釋字第 603 號解釋所要求，而非憲法訴訟法明定者？

針對食品殘留動物用藥安全容許量標準之規範，係屬中央專屬權限或地方自治事項，依憲法法庭判決，下列敘述何者錯誤？

司法院釋字第 792 號解釋謂：「前開條文構成要件中所稱之『販賣』一詞，根據當前各版本辭典所載，或解為出售物品，或解為購入物品再轉售，無論何者，所謂販賣之核心意義均在出售，均非單指購入物品之行為。」是屬於何種法律解釋方法？

下列何者非主張信賴保護原則之要件？

若無法從主管機關核發之課稅處分書中確認納稅義務人為何人，最有可能違反行政法上哪一原則？

依行政程序法之規定，下列何種行為不適用行政程序法的程序規定？

勞工甲大學一畢業就前往礦場受僱挖礦，做了約 10 年之後，感到體力衰退因此離職。半年之後，即因為呼吸不順暢前往醫院就醫，經職業病醫師診斷為礦工常見的塵肺病，且跟其離職前擔任礦工的環境高度相關，甲因此提出職業災害給付之申請，下列敘述何者正確？

家庭暴力防治法保護令之聲請，其管轄法院不包括下列何者？

下列何者我國憲法未明文規定須超出黨派以外，獨立行使職權？

監所管理員張三與受刑人李四有宿怨，時常趁機痛打李四，使其痛不欲生，下列敘述何者正確？

有關禁止錯誤，下列敘述何者錯誤？

下列何者非屬著作權之標的？

關於總統、副總統彈劾案件，下列敘述何者正確？

下列何者不屬於憲法訴訟法列舉之訴訟類型？

受監護宣告之人的行為能力為何？

甲將房屋設定普通抵押權給乙銀行後，甲又將該房屋出租給丙，下列敘述何者正確？

甲夫乙妻有子丙、丁，丙男娶戊女為妻，並育有一子己，丁為單身。一日甲與丁出遊，不幸車禍同時身亡，丙聞訊後悲痛欲絕，亦於數日後身亡。設甲留有遺產 300 萬元，下列敘述何者正確？

“Patient zero” is a term used to describe the first human ____ by a viral or bacterial disease in an outbreak.

The bank files a lawsuit against Jack because he has fallen behind with his ____ payments for more than 6 months.

Mary and I didn’t ____ having so much fun when we explored the old town district last night.

Mr. Farr ____ hearing Patricia's excuses about being late, so he fired her.

Unless viewed with a microscope, neither ____ nor viruses can be seen by the naked eye.

The manager needs ____ data to draw up the new marketing plan.

The bar creates a relaxing ____, and this makes it a good place for gatherings.

It is said that the newly invented kitchen ____ can sanitize your N95 masks with dry heat.

In the deadly explosion, cars and trucks were thrown into the air and ____ end over end.

The general manager’s refusal to sell the company ____ a major blow to our plans.

【題組共用題幹】

When initiating a conversation, note how close you are standing to the person opposite you. Personal space is an essential concept in many cultures, and how much or little you give often ____ the first impression you make. ____ , in most Western nations, locals do not like standing close to one another. In these countries, it is customary for people to back away when they feel their space has been ____. On the other hand, South Americans stand in close ____ to one another. When you are meeting one of them, keep in mind that it’s ____ to step backwards during a conversation.

A good rule of thumb is to stand at least an arm’s length away from your speaking partner.

【題組共用題幹】

When initiating a conversation, note how close you are standing to the person opposite you. Personal space is an essential concept in many cultures, and how much or little you give often ____ the first impression you make. ____ , in most Western nations, locals do not like standing close to one another. In these countries, it is customary for people to back away when they feel their space has been ____. On the other hand, South Americans stand in close ____ to one another. When you are meeting one of them, keep in mind that it’s ____ to step backwards during a conversation.

A good rule of thumb is to stand at least an arm’s length away from your speaking partner.

【題組共用題幹】

When initiating a conversation, note how close you are standing to the person opposite you. Personal space is an essential concept in many cultures, and how much or little you give often ____ the first impression you make. ____ , in most Western nations, locals do not like standing close to one another. In these countries, it is customary for people to back away when they feel their space has been ____. On the other hand, South Americans stand in close ____ to one another. When you are meeting one of them, keep in mind that it’s ____ to step backwards during a conversation.

A good rule of thumb is to stand at least an arm’s length away from your speaking partner.

【題組共用題幹】

When initiating a conversation, note how close you are standing to the person opposite you. Personal space is an essential concept in many cultures, and how much or little you give often ____ the first impression you make. ____ , in most Western nations, locals do not like standing close to one another. In these countries, it is customary for people to back away when they feel their space has been ____. On the other hand, South Americans stand in close ____ to one another. When you are meeting one of them, keep in mind that it’s ____ to step backwards during a conversation.

A good rule of thumb is to stand at least an arm’s length away from your speaking partner.

【題組共用題幹】

When initiating a conversation, note how close you are standing to the person opposite you. Personal space is an essential concept in many cultures, and how much or little you give often ____ the first impression you make. ____ , in most Western nations, locals do not like standing close to one another. In these countries, it is customary for people to back away when they feel their space has been ____. On the other hand, South Americans stand in close ____ to one another. When you are meeting one of them, keep in mind that it’s ____ to step backwards during a conversation.

A good rule of thumb is to stand at least an arm’s length away from your speaking partner.

【題組共用題幹】

Nikola Tesla, a Serbian-American who emigrated to New York City in 1884, was a scientist and visionary who developed the basis for alternating current (AC) that most of us use today and pioneered numerous technologies that improve our everyday lives. Without his contribution to the AC electric power, we would be fifty years behind technologically than where we are today.

In 1884, Tesla left Europe and worked for Thomas Edison, the developer of direct current (DC). It was said that Edison promised Tesla $50,000 to fix the problems with his DC system. When Tesla succeeded and demanded his reward, Edison claimed the offer was a joke, saying “When you become a full-fledged American, you will appreciate an American joke.” This prompted Tesla to quit and he ended up in a battle with Edison. Today, Tesla’s AC system is predominantly used to power most of the world’s electricity. DC motors are still used for some industrial machines, but often require more maintenance.

It is not just AC power that Tesla worked on. Motors, radios, X-rays, neon signs were advanced by his extraordinary mind. History often touts Italian entrepreneur Guglielmo Marconi as the inventor of radio, but actually he was using technology from seventeen of Tesla’s patents. The two inventors became embroiled in a patent war. In 1943, the United States Supreme Court revoked Marconi’s radio patents in favor of Tesla. Unfortunately, Tesla and Marconi had already passed away by the time the court handed down their decision.

Tesla also invented one of the world’s earliest remote control and was a pioneer of X-ray technology. He took some of the first X-ray images of the human body and was one of the first scientists to hypothesize that X-rays could be harmful.

The brilliant inventor contributed to reusable energy as well. Nine out of the twelve patents used to build the world’s first hydroelectric station, erected at Niagara Falls, New York, belonged to Tesla. He helped pave the way toward clean energy because he understood the physics behind energy and what might be possible in the future.

Often referred to as “the man who invented the 20th century,” Tesla was involved in many more discoveries and creations. When he died in 1943, there was so much interest in what he was working on that the Federal Bureau of Investigation (FBI) raided his hotel room within hours of his death. Experts say Tesla envisioned his inventions improving people’s lives. Indeed, his innovative ideas were milestones of technology. The great pioneer believed “Invention is the most important product of men’s creative brain.”

46. What is the passage mainly about？

【題組共用題幹】

Nikola Tesla, a Serbian-American who emigrated to New York City in 1884, was a scientist and visionary who developed the basis for alternating current (AC) that most of us use today and pioneered numerous technologies that improve our everyday lives. Without his contribution to the AC electric power, we would be fifty years behind technologically than where we are today.

In 1884, Tesla left Europe and worked for Thomas Edison, the developer of direct current (DC). It was said that Edison promised Tesla $50,000 to fix the problems with his DC system. When Tesla succeeded and demanded his reward, Edison claimed the offer was a joke, saying “When you become a full-fledged American, you will appreciate an American joke.” This prompted Tesla to quit and he ended up in a battle with Edison. Today, Tesla’s AC system is predominantly used to power most of the world’s electricity. DC motors are still used for some industrial machines, but often require more maintenance.

It is not just AC power that Tesla worked on. Motors, radios, X-rays, neon signs were advanced by his extraordinary mind. History often touts Italian entrepreneur Guglielmo Marconi as the inventor of radio, but actually he was using technology from seventeen of Tesla’s patents. The two inventors became embroiled in a patent war. In 1943, the United States Supreme Court revoked Marconi’s radio patents in favor of Tesla. Unfortunately, Tesla and Marconi had already passed away by the time the court handed down their decision.

Tesla also invented one of the world’s earliest remote control and was a pioneer of X-ray technology. He took some of the first X-ray images of the human body and was one of the first scientists to hypothesize that X-rays could be harmful.

The brilliant inventor contributed to reusable energy as well. Nine out of the twelve patents used to build the world’s first hydroelectric station, erected at Niagara Falls, New York, belonged to Tesla. He helped pave the way toward clean energy because he understood the physics behind energy and what might be possible in the future.

Often referred to as “the man who invented the 20th century,” Tesla was involved in many more discoveries and creations. When he died in 1943, there was so much interest in what he was working on that the Federal Bureau of Investigation (FBI) raided his hotel room within hours of his death. Experts say Tesla envisioned his inventions improving people’s lives. Indeed, his innovative ideas were milestones of technology. The great pioneer believed “Invention is the most important product of men’s creative brain.”

47. Which of the following is the closest in meaning to the word “revoked” in the third paragraph？

【題組共用題幹】

Nikola Tesla, a Serbian-American who emigrated to New York City in 1884, was a scientist and visionary who developed the basis for alternating current (AC) that most of us use today and pioneered numerous technologies that improve our everyday lives. Without his contribution to the AC electric power, we would be fifty years behind technologically than where we are today.

In 1884, Tesla left Europe and worked for Thomas Edison, the developer of direct current (DC). It was said that Edison promised Tesla $50,000 to fix the problems with his DC system. When Tesla succeeded and demanded his reward, Edison claimed the offer was a joke, saying “When you become a full-fledged American, you will appreciate an American joke.” This prompted Tesla to quit and he ended up in a battle with Edison. Today, Tesla’s AC system is predominantly used to power most of the world’s electricity. DC motors are still used for some industrial machines, but often require more maintenance.

It is not just AC power that Tesla worked on. Motors, radios, X-rays, neon signs were advanced by his extraordinary mind. History often touts Italian entrepreneur Guglielmo Marconi as the inventor of radio, but actually he was using technology from seventeen of Tesla’s patents. The two inventors became embroiled in a patent war. In 1943, the United States Supreme Court revoked Marconi’s radio patents in favor of Tesla. Unfortunately, Tesla and Marconi had already passed away by the time the court handed down their decision.

Tesla also invented one of the world’s earliest remote control and was a pioneer of X-ray technology. He took some of the first X-ray images of the human body and was one of the first scientists to hypothesize that X-rays could be harmful.

The brilliant inventor contributed to reusable energy as well. Nine out of the twelve patents used to build the world’s first hydroelectric station, erected at Niagara Falls, New York, belonged to Tesla. He helped pave the way toward clean energy because he understood the physics behind energy and what might be possible in the future.

Often referred to as “the man who invented the 20th century,” Tesla was involved in many more discoveries and creations. When he died in 1943, there was so much interest in what he was working on that the Federal Bureau of Investigation (FBI) raided his hotel room within hours of his death. Experts say Tesla envisioned his inventions improving people’s lives. Indeed, his innovative ideas were milestones of technology. The great pioneer believed “Invention is the most important product of men’s creative brain.”

48. According to the passage, why did Tesla resign from working for Edison？

【題組共用題幹】

Nikola Tesla, a Serbian-American who emigrated to New York City in 1884, was a scientist and visionary who developed the basis for alternating current (AC) that most of us use today and pioneered numerous technologies that improve our everyday lives. Without his contribution to the AC electric power, we would be fifty years behind technologically than where we are today.

In 1884, Tesla left Europe and worked for Thomas Edison, the developer of direct current (DC). It was said that Edison promised Tesla $50,000 to fix the problems with his DC system. When Tesla succeeded and demanded his reward, Edison claimed the offer was a joke, saying “When you become a full-fledged American, you will appreciate an American joke.” This prompted Tesla to quit and he ended up in a battle with Edison. Today, Tesla’s AC system is predominantly used to power most of the world’s electricity. DC motors are still used for some industrial machines, but often require more maintenance.

It is not just AC power that Tesla worked on. Motors, radios, X-rays, neon signs were advanced by his extraordinary mind. History often touts Italian entrepreneur Guglielmo Marconi as the inventor of radio, but actually he was using technology from seventeen of Tesla’s patents. The two inventors became embroiled in a patent war. In 1943, the United States Supreme Court revoked Marconi’s radio patents in favor of Tesla. Unfortunately, Tesla and Marconi had already passed away by the time the court handed down their decision.

Tesla also invented one of the world’s earliest remote control and was a pioneer of X-ray technology. He took some of the first X-ray images of the human body and was one of the first scientists to hypothesize that X-rays could be harmful.

The brilliant inventor contributed to reusable energy as well. Nine out of the twelve patents used to build the world’s first hydroelectric station, erected at Niagara Falls, New York, belonged to Tesla. He helped pave the way toward clean energy because he understood the physics behind energy and what might be possible in the future.

Often referred to as “the man who invented the 20th century,” Tesla was involved in many more discoveries and creations. When he died in 1943, there was so much interest in what he was working on that the Federal Bureau of Investigation (FBI) raided his hotel room within hours of his death. Experts say Tesla envisioned his inventions improving people’s lives. Indeed, his innovative ideas were milestones of technology. The great pioneer believed “Invention is the most important product of men’s creative brain.”

49. Which of the following is NOT true about Tesla？

【題組共用題幹】

Nikola Tesla, a Serbian-American who emigrated to New York City in 1884, was a scientist and visionary who developed the basis for alternating current (AC) that most of us use today and pioneered numerous technologies that improve our everyday lives. Without his contribution to the AC electric power, we would be fifty years behind technologically than where we are today.

In 1884, Tesla left Europe and worked for Thomas Edison, the developer of direct current (DC). It was said that Edison promised Tesla $50,000 to fix the problems with his DC system. When Tesla succeeded and demanded his reward, Edison claimed the offer was a joke, saying “When you become a full-fledged American, you will appreciate an American joke.” This prompted Tesla to quit and he ended up in a battle with Edison. Today, Tesla’s AC system is predominantly used to power most of the world’s electricity. DC motors are still used for some industrial machines, but often require more maintenance.

It is not just AC power that Tesla worked on. Motors, radios, X-rays, neon signs were advanced by his extraordinary mind. History often touts Italian entrepreneur Guglielmo Marconi as the inventor of radio, but actually he was using technology from seventeen of Tesla’s patents. The two inventors became embroiled in a patent war. In 1943, the United States Supreme Court revoked Marconi’s radio patents in favor of Tesla. Unfortunately, Tesla and Marconi had already passed away by the time the court handed down their decision.

Tesla also invented one of the world’s earliest remote control and was a pioneer of X-ray technology. He took some of the first X-ray images of the human body and was one of the first scientists to hypothesize that X-rays could be harmful.

The brilliant inventor contributed to reusable energy as well. Nine out of the twelve patents used to build the world’s first hydroelectric station, erected at Niagara Falls, New York, belonged to Tesla. He helped pave the way toward clean energy because he understood the physics behind energy and what might be possible in the future.

Often referred to as “the man who invented the 20th century,” Tesla was involved in many more discoveries and creations. When he died in 1943, there was so much interest in what he was working on that the Federal Bureau of Investigation (FBI) raided his hotel room within hours of his death. Experts say Tesla envisioned his inventions improving people’s lives. Indeed, his innovative ideas were milestones of technology. The great pioneer believed “Invention is the most important product of men’s creative brain.”

50. Which of the following can be inferred from the passage？