109 鐵路人員升資考試佐級晉員級 技術類(選試資訊管理與資通安全概要) 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

依憲法前言，下列敘述何者錯誤？

依憲法第 145 條第 2 項及第 3 項之規定，針對合作事業與國民生產事業，國家應採取下列何種作為？

依據司法院釋字第 509 號解釋，下列何項基本人權，國家應給予最大限度之維護，俾其實現自我、溝通意見、追求真理及監督各種政治或社會活動之功能得以發揮？

司法院釋字第 690 號解釋認為，傳染病防治法授權主管機關，得強制隔離曾與傳染病病人接觸者之規定，尚未違憲。下列情形所限制之基本權利，何者與本號解釋不同？

下列何者未曾由司法院大法官解釋引為優惠性差別待遇立法之憲法依據？

下列何者不是憲法第 8 條規範之內涵？

關於憲法所保障之隱私權，下列敘述何者錯誤？

依憲法增修條文之規定，下列何者非由行政院向立法院提出？

依憲法本文及憲法增修條文之規定，關於總統職權，下列敘述何者錯誤？

依憲法及憲法增修條文規定，關於考試院院長、副院長、考試委員之敘述，下列何者錯誤？

下列何項法規範，並非我國違憲審查制度之法規依據？

依司法院釋字第 396 號解釋，下列何者並非行使審判權之法院？

關於地方自治團體之敘述，下列何者錯誤？

依憲法及司法院大法官解釋，下列何者不屬於立法院之職權？

依司法院大法官解釋，有關立法委員之選舉，下列敘述何者正確？

我國民法第 757 條規定，物權除依法律或習慣外，不得創設。本條文所稱之習慣，下列何者正確？

關於法規與事實之涵攝，下列敘述何者錯誤？

「公民與政治權利國際公約及經濟社會文化權利國際公約施行法」之性質屬於下列何者？

衛生福利部預告「食品業者登錄辦法」草案，為廣納各方意見，將陳述意見期間定為 60 天，下列敘述何者錯誤？

關於同志家庭權益之敘述，下列何者正確？

下列何者非屬公務員懲戒法明定之懲戒類型？

依憲法訴訟法規定，下列何者非屬憲法法庭審理之事項？

甲為自己利益，而擅自將乙所有之市價新臺幣（以下同）100 萬元之 A 古董花瓶，以 150 萬元出售並交付予善意且無重大過失之丙。下列敘述，何者正確？

依民法第 1187 條規定，遺囑人於不違反關於特留分規定之範圍內，得以遺囑自由處分遺產。關於遺囑之效力，下列敘述何者錯誤？

下列關於公務員的敘述，何者正確？

下列何者非屬刑法上之保安處分？

有關刑法第 55 條想像競合，依實務見解，下列敘述何者錯誤？

下列有關消費者保護法規定之定型化契約條款敘述，何者為錯誤？

下列何者為核發保護令之機關？

憲法第 23 條規定所揭示的原則，不包括下列何者？

The employee received a large sum of money as ____ after he was injured in an accident at work.

Not only are people more likely to stick with it, enjoyable exercise is a great way to release endorphins and ____ stress.

In Southern Asia, where industrial development is in its ____, the local labors look for job opportunities overseas.

The children worked on the project ____. They solved all the problems by themselves.

Rick and Nick are twins, but they don't look much alike. Rick is tall and slim, but Nick, ____, is short and fat.

That video rental store has a great ____ of movies and the owner is such a good reviewer of films; he always helps me choose.

The government has organized special programs to help children’s recovery from the ____ earthquake.

This questionnaire is used to ____ an individual’s personality.

The business tycoon is ____ by the talk show hostess on his relationship with some female celebrities.

Now that there is a High Speed Rail link, I think it is ____ to travel by plane from Taipei to Kaohsiung.

There ____ a supermarket at the corner of the street, but it closed a few years ago.

【題組共用題幹】

By his own testimony, Igor Stravinsky was not a good student and usually performed at or 42 the average level for his class. 43 Picasso, however, who appears to have had genuine learning problems, Stravinsky was 44 uninterested in formal schooling and preferred throughout his life to educate himself. Ignoring his son’s anti-scholastic, Stravinsky’s father insisted that Igor 45 his footsteps and receive legal training. Stravinsky did not like law school at all, and this alienation only worsened his tense relation with his father and his general disaffection with his current situation.

42. ____ the average level for his class.

【題組共用題幹】

By his own testimony, Igor Stravinsky was not a good student and usually performed at or 42 the average level for his class. 43 Picasso, however, who appears to have had genuine learning problems, Stravinsky was 44 uninterested in formal schooling and preferred throughout his life to educate himself. Ignoring his son’s anti-scholastic, Stravinsky’s father insisted that Igor 45 his footsteps and receive legal training. Stravinsky did not like law school at all, and this alienation only worsened his tense relation with his father and his general disaffection with his current situation.

43. ____ Picasso, however, who appears to have had genuine learning problems, Stravinsky was 44 uninterested in formal schooling and preferred throughout his life to educate himself.

【題組共用題幹】

By his own testimony, Igor Stravinsky was not a good student and usually performed at or 42 the average level for his class. 43 Picasso, however, who appears to have had genuine learning problems, Stravinsky was 44 uninterested in formal schooling and preferred throughout his life to educate himself. Ignoring his son’s anti-scholastic, Stravinsky’s father insisted that Igor 45 his footsteps and receive legal training. Stravinsky did not like law school at all, and this alienation only worsened his tense relation with his father and his general disaffection with his current situation.

44. Stravinsky was ____ uninterested in formal schooling and preferred throughout his life to educate himself.

【題組共用題幹】

By his own testimony, Igor Stravinsky was not a good student and usually performed at or 42 the average level for his class. 43 Picasso, however, who appears to have had genuine learning problems, Stravinsky was 44 uninterested in formal schooling and preferred throughout his life to educate himself. Ignoring his son’s anti-scholastic, Stravinsky’s father insisted that Igor 45 his footsteps and receive legal training. Stravinsky did not like law school at all, and this alienation only worsened his tense relation with his father and his general disaffection with his current situation.

45. Stravinsky’s father insisted that Igor ____ his footsteps and receive legal training.

【題組共用題幹】

In America, tipping in restaurants is common. The tip is usually based on the amount of the bill. Around the country, tipping averages 15 percent of the bill. The 15 percent tip is creeping up to 20 percent. As the cost of the meal goes up, so does the size of the tips. Servers in expensive restaurants usually earn more. That is because the meals in such restaurants cost more. In most restaurants, servers earn much more than the people who prepare food. There is a problem with tipping. It is the idea “that someone would only be nice to you if they expect a generous tip.”

A debate about tipping is starting in the U.S. The man who started the debate is Danny Meyer. He owns a number of eateries in New York City. Meyer said, “Tipping is a drug, and we need to break the habit.” He says tipping forces diners to end every meal with a math test. He says tipping puts servers at the mercy of customers who are cranks and cheapskates. Foreign tourists might not even know the custom and might leave no tip at all.

Meyer sees restaurants as complex worlds. Employees, customers, suppliers, investors and the larger community fuse into a “virtuous circle.” Meyer has started his new “Hospitality Included” program in a few of his restaurants. The jury is still out on whether or not his program works. Meyer says, “Restaurants are like a public square. They are family for the people who work there and dine there. That is true also for the people who grow products and make wines. You have got to understand that everyone has a stake in the game.” On the business side, minimum wages are going up around the country. Restaurants have to raise prices. Meyer has already raised his prices. He is better able to absorb the changes. His vision is big. One good thing is that the entire staff benefits from more revenue coming into the business. In his restaurants, cooks and dishwashers got raises.

The whole business of tips is not easy to figure out. Are tips income to the business or the server? Why do servers and not cooks get the benefit? Meyer solves a lot of these problems by adding a service fee to the bill. His idea has not spread very far. Old habits are hard to break.

What is the major debate about in this passage?

【題組共用題幹】

In America, tipping in restaurants is common. The tip is usually based on the amount of the bill. Around the country, tipping averages 15 percent of the bill. The 15 percent tip is creeping up to 20 percent. As the cost of the meal goes up, so does the size of the tips. Servers in expensive restaurants usually earn more. That is because the meals in such restaurants cost more. In most restaurants, servers earn much more than the people who prepare food. There is a problem with tipping. It is the idea “that someone would only be nice to you if they expect a generous tip.”

A debate about tipping is starting in the U.S. The man who started the debate is Danny Meyer. He owns a number of eateries in New York City. Meyer said, “Tipping is a drug, and we need to break the habit.” He says tipping forces diners to end every meal with a math test. He says tipping puts servers at the mercy of customers who are cranks and cheapskates. Foreign tourists might not even know the custom and might leave no tip at all.

Meyer sees restaurants as complex worlds. Employees, customers, suppliers, investors and the larger community fuse into a “virtuous circle.” Meyer has started his new “Hospitality Included” program in a few of his restaurants. The jury is still out on whether or not his program works. Meyer says, “Restaurants are like a public square. They are family for the people who work there and dine there. That is true also for the people who grow products and make wines. You have got to understand that everyone has a stake in the game.” On the business side, minimum wages are going up around the country. Restaurants have to raise prices. Meyer has already raised his prices. He is better able to absorb the changes. His vision is big. One good thing is that the entire staff benefits from more revenue coming into the business. In his restaurants, cooks and dishwashers got raises.

The whole business of tips is not easy to figure out. Are tips income to the business or the server? Why do servers and not cooks get the benefit? Meyer solves a lot of these problems by adding a service fee to the bill. His idea has not spread very far. Old habits are hard to break.

Who earn more in most cases according to the passage?

【題組共用題幹】

In America, tipping in restaurants is common. The tip is usually based on the amount of the bill. Around the country, tipping averages 15 percent of the bill. The 15 percent tip is creeping up to 20 percent. As the cost of the meal goes up, so does the size of the tips. Servers in expensive restaurants usually earn more. That is because the meals in such restaurants cost more. In most restaurants, servers earn much more than the people who prepare food. There is a problem with tipping. It is the idea “that someone would only be nice to you if they expect a generous tip.”

A debate about tipping is starting in the U.S. The man who started the debate is Danny Meyer. He owns a number of eateries in New York City. Meyer said, “Tipping is a drug, and we need to break the habit.” He says tipping forces diners to end every meal with a math test. He says tipping puts servers at the mercy of customers who are cranks and cheapskates. Foreign tourists might not even know the custom and might leave no tip at all.

Meyer sees restaurants as complex worlds. Employees, customers, suppliers, investors and the larger community fuse into a “virtuous circle.” Meyer has started his new “Hospitality Included” program in a few of his restaurants. The jury is still out on whether or not his program works. Meyer says, “Restaurants are like a public square. They are family for the people who work there and dine there. That is true also for the people who grow products and make wines. You have got to understand that everyone has a stake in the game.” On the business side, minimum wages are going up around the country. Restaurants have to raise prices. Meyer has already raised his prices. He is better able to absorb the changes. His vision is big. One good thing is that the entire staff benefits from more revenue coming into the business. In his restaurants, cooks and dishwashers got raises.

The whole business of tips is not easy to figure out. Are tips income to the business or the server? Why do servers and not cooks get the benefit? Meyer solves a lot of these problems by adding a service fee to the bill. His idea has not spread very far. Old habits are hard to break.

Who is Danny Meyer?

【題組共用題幹】

In America, tipping in restaurants is common. The tip is usually based on the amount of the bill. Around the country, tipping averages 15 percent of the bill. The 15 percent tip is creeping up to 20 percent. As the cost of the meal goes up, so does the size of the tips. Servers in expensive restaurants usually earn more. That is because the meals in such restaurants cost more. In most restaurants, servers earn much more than the people who prepare food. There is a problem with tipping. It is the idea “that someone would only be nice to you if they expect a generous tip.”

A debate about tipping is starting in the U.S. The man who started the debate is Danny Meyer. He owns a number of eateries in New York City. Meyer said, “Tipping is a drug, and we need to break the habit.” He says tipping forces diners to end every meal with a math test. He says tipping puts servers at the mercy of customers who are cranks and cheapskates. Foreign tourists might not even know the custom and might leave no tip at all.

Meyer sees restaurants as complex worlds. Employees, customers, suppliers, investors and the larger community fuse into a “virtuous circle.” Meyer has started his new “Hospitality Included” program in a few of his restaurants. The jury is still out on whether or not his program works. Meyer says, “Restaurants are like a public square. They are family for the people who work there and dine there. That is true also for the people who grow products and make wines. You have got to understand that everyone has a stake in the game.” On the business side, minimum wages are going up around the country. Restaurants have to raise prices. Meyer has already raised his prices. He is better able to absorb the changes. His vision is big. One good thing is that the entire staff benefits from more revenue coming into the business. In his restaurants, cooks and dishwashers got raises.

The whole business of tips is not easy to figure out. Are tips income to the business or the server? Why do servers and not cooks get the benefit? Meyer solves a lot of these problems by adding a service fee to the bill. His idea has not spread very far. Old habits are hard to break.

What is Danny Meyer’s attitude towards tipping?

【題組共用題幹】

In America, tipping in restaurants is common. The tip is usually based on the amount of the bill. Around the country, tipping averages 15 percent of the bill. The 15 percent tip is creeping up to 20 percent. As the cost of the meal goes up, so does the size of the tips. Servers in expensive restaurants usually earn more. That is because the meals in such restaurants cost more. In most restaurants, servers earn much more than the people who prepare food. There is a problem with tipping. It is the idea “that someone would only be nice to you if they expect a generous tip.”

A debate about tipping is starting in the U.S. The man who started the debate is Danny Meyer. He owns a number of eateries in New York City. Meyer said, “Tipping is a drug, and we need to break the habit.” He says tipping forces diners to end every meal with a math test. He says tipping puts servers at the mercy of customers who are cranks and cheapskates. Foreign tourists might not even know the custom and might leave no tip at all.

Meyer sees restaurants as complex worlds. Employees, customers, suppliers, investors and the larger community fuse into a “virtuous circle.” Meyer has started his new “Hospitality Included” program in a few of his restaurants. The jury is still out on whether or not his program works. Meyer says, “Restaurants are like a public square. They are family for the people who work there and dine there. That is true also for the people who grow products and make wines. You have got to understand that everyone has a stake in the game.” On the business side, minimum wages are going up around the country. Restaurants have to raise prices. Meyer has already raised his prices. He is better able to absorb the changes. His vision is big. One good thing is that the entire staff benefits from more revenue coming into the business. In his restaurants, cooks and dishwashers got raises.

The whole business of tips is not easy to figure out. Are tips income to the business or the server? Why do servers and not cooks get the benefit? Meyer solves a lot of these problems by adding a service fee to the bill. His idea has not spread very far. Old habits are hard to break.

Which of the following is closest in meaning to “at the mercy of” in this passage?