111 郵政人員升資考試佐級晉員級 業務類 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

有關司法院大法官解釋憲法與統一解釋法令，下列敘述何者正確？

若法律規定與人民之自由及財產有重大限制，但其構成要件內容全部委由行政機關公告，亦難由其他相關事項推知其內容，以及預見其有受處罰之可能，此法律規定違反下列何原則？

依司法院大法官解釋，土地法原規定逕以「徵收補償發給完竣屆滿 1 年之次日」為收回權之時效起算點，並未規定該管直轄市或縣（市）主管機關就被徵收土地之後續使用情形，應定期通知原土地所有權人或依法公告，係違反下列何者？

國民有隨時返國之自由，根據司法院釋字第 558 號解釋，這是屬於何種基本權？

依據憲法學理和實務見解，下列何者不得主張言論自由？

依司法院大法官解釋，有關身心障礙者之平等保護，下列敘述何者錯誤？

依司法院大法官解釋意旨，下列何者非屬表意自由保障之範圍？

下列何者並非憲法有關國民受教育之規定？

依司法院大法官解釋意旨，下列何者非屬判斷正當程序所應考量之因素？

依司法院大法官解釋，下列何者未侵害憲法第 18 條保障人民服公職之權利？

下列何者不屬立法院之職權？

行政院院長何時具備代行總統職權之憲法義務？

關於監察院調查權之行使，下列敘述何者錯誤？

關於司法院之發布命令，下列敘述何者錯誤？

有關地方自治團體協力義務事項，下列敘述何者錯誤？

A 法律規定，對違法者處新臺幣 10 萬元以上，100 萬元以下之罰鍰。主管機關為執行 A 法律訂定裁量基準，規定初犯者處新臺幣 10 萬元罰鍰。主管機關於個案就初次違規者裁處 12 萬元罰鍰，此罰鍰處分最不可能違反下列何原則？

下列關於法律解釋方法之敘述，何者錯誤？

嚴重特殊傳染性肺炎防治及紓困振興特別條例在適用上應優先於傳染病防治法，係下列何種法律適用原則？

下列何者並非「公用地役關係」之成立要件？

關於立法者授權訂定法規命令之敘述，下列何者正確？

刑法第 134 條規定公務員假借職務上之權力、機會或方法而故意犯瀆職罪章以外之罪時，加重處罰，但因公務員之身分已特別規定其刑者，不在此限。有關本條規定，下列敘述何者錯誤？

下列何者是屬於公司法明文規定之公司機關？

依勞動基準法第 10 條之 1 規定，雇主調動勞工應符合之原則，下列敘述何者錯誤？

下列有關性別工作平等法「產假、安胎休養、產檢假」規定之敘述，何者錯誤？

依地方制度法之規定，縣與鄉間自治事項遇有爭議時，應如何解決？

甲為擔保乙、丙、丁三人分別對自己的借貸債權，將自己的土地為乙、丙、丁三人各設定抵押權。此三個抵押權的次序為何？

依民法之規定，下列何種法益被不法侵害時，被害人不得主張非財產上之損害賠償？

下列何者不屬於法治國原則之要素？

凡規定涉外之生活事實，應適用何國之法律，為下列何者？

下列何項情形之法律行為係自始、確定無效？

When planning, make sure you are being _____ so you don’t miss anything.

Nowadays several countries around the globe have prescribed clearly in their constitutions that there should be no _____ against homosexuals.

The man got very drunk and only had a _____ memory of what had happened the previous night.

The e-study modules provide personalized content to reinforce concepts that _____ each student's strengths and weaknesses.

The man was convicted of a criminal _____ and was sentenced to twenty years in prison.

We came up with this brilliant idea together, yet he took all the _____ for himself.

This country _____ its first indigenous female minister to shape up one of the most diverse parliaments in the world.

For now, one of the possible solutions is to allow the refugees to _____ to a safer place.

The company offers _____ pensions which can be carried by employees from job to job.

The two parties decided not to work together for they had _____ views on many issues.

【題組共用題幹】

One of the effects of climate change that scientists are most certain of is increased rainfall amounts and rainfall 41—a result of warmer than normal ocean temperatures that create a warmer and moister environment for the storm. Warmer oceans mean more moisture is available in a warme 42. For every 1 degree Celsius (1.8 degree Fahrenheit), there is 7% more moisture in the air. With Hurricane Florence in 2018, ocean temperatures were 43 around 2.7 degrees Fahrenheit warmer than normal, which 44 to nearly 10% more moisture available in the atmosphere. The National Oceanic and Atmospheric Administration has said the hurricane season over the next year will likely be extremely active, perhaps even 45, with even more records likely to fall.

41 _____

【題組共用題幹】

One of the effects of climate change that scientists are most certain of is increased rainfall amounts and rainfall 41—a result of warmer than normal ocean temperatures that create a warmer and moister environment for the storm. Warmer oceans mean more moisture is available in a warme 42. For every 1 degree Celsius (1.8 degree Fahrenheit), there is 7% more moisture in the air. With Hurricane Florence in 2018, ocean temperatures were 43 around 2.7 degrees Fahrenheit warmer than normal, which 44 to nearly 10% more moisture available in the atmosphere. The National Oceanic and Atmospheric Administration has said the hurricane season over the next year will likely be extremely active, perhaps even 45, with even more records likely to fall.

42 _____

【題組共用題幹】

One of the effects of climate change that scientists are most certain of is increased rainfall amounts and rainfall 41—a result of warmer than normal ocean temperatures that create a warmer and moister environment for the storm. Warmer oceans mean more moisture is available in a warme 42. For every 1 degree Celsius (1.8 degree Fahrenheit), there is 7% more moisture in the air. With Hurricane Florence in 2018, ocean temperatures were 43 around 2.7 degrees Fahrenheit warmer than normal, which 44 to nearly 10% more moisture available in the atmosphere. The National Oceanic and Atmospheric Administration has said the hurricane season over the next year will likely be extremely active, perhaps even 45, with even more records likely to fall.

43 _____

【題組共用題幹】

One of the effects of climate change that scientists are most certain of is increased rainfall amounts and rainfall 41—a result of warmer than normal ocean temperatures that create a warmer and moister environment for the storm. Warmer oceans mean more moisture is available in a warme 42. For every 1 degree Celsius (1.8 degree Fahrenheit), there is 7% more moisture in the air. With Hurricane Florence in 2018, ocean temperatures were 43 around 2.7 degrees Fahrenheit warmer than normal, which 44 to nearly 10% more moisture available in the atmosphere. The National Oceanic and Atmospheric Administration has said the hurricane season over the next year will likely be extremely active, perhaps even 45, with even more records likely to fall.

44 _____

【題組共用題幹】

One of the effects of climate change that scientists are most certain of is increased rainfall amounts and rainfall 41—a result of warmer than normal ocean temperatures that create a warmer and moister environment for the storm. Warmer oceans mean more moisture is available in a warme 42. For every 1 degree Celsius (1.8 degree Fahrenheit), there is 7% more moisture in the air. With Hurricane Florence in 2018, ocean temperatures were 43 around 2.7 degrees Fahrenheit warmer than normal, which 44 to nearly 10% more moisture available in the atmosphere. The National Oceanic and Atmospheric Administration has said the hurricane season over the next year will likely be extremely active, perhaps even 45, with even more records likely to fall.

45 _____

【題組共用題幹】

The Mla Bri are a small group of nomadic hunter-gatherers (about 400) living in northern Thailand who since the 1990s have begun to settle in semi-permanent villages. The Mla Bri are well-known to anthropologists because, until recently, they engaged extensively in foraging, gathering, and hunting as the primary means of subsistence, making them an outlier in a region traditionally dominated by people tied to rice cultivation. Indeed, they were not tied to the agricultural cycle, although they did occasionally hire themselves out as laborers to agricultural people. As nomads, they typically shifted campsites every few weeks. However, between 2005 and 2008, there were five fatal suicides in this group, including four males and one female. This is apparently a new phenomenon; suicide was virtually unknown among the Mla Bri before more permanent settlements were established.

From 1980 to 2010, many changes occurred in the world of the Mla Bri, bringing both new opportunities and the formidable challenge of settling into permanent dwellings with all that that entails. Traditionally, so far as we can ascertain, there has been very little intra-group violence among the Mla Bri, though they were often subject to attacks from outsiders. But, in recent years, as alcohol use/abuse has become more common, so has violence. Examples are men fighting physically when they are drunk, physical abuse of wives by drunk husbands, and wives fighting back. Prior to 1993, there were no permanent Mla Bri settlements, and 2001 was an important year for them because not only were the first settlements legally established, but they were also granted Thai citizenship which gave them identity cards and ready access to health care, schooling, and other modern government services.

Ultimately, the most general explanation for the emergence of suicide among the Mla Bri is a classic one found in many societies. The rapid social change of the last thirty years has been deeply disorienting for the Mla Bri, as they stopped living in the remote forest, and took up the modern life of permanent housing, schooling, medical care, electricity, television, and other accoutrements. Such kind of “civilization” contributed to material well-being and a healthier lifestyle, but at the same time led to a breakdown in the system of social norms. As with many other groups, the effects of this are probably elevated rates of alcoholism, marital dissolution, and the suicide problems.

Which of the following is the most appropriate title for this passage?

【題組共用題幹】

The Mla Bri are a small group of nomadic hunter-gatherers (about 400) living in northern Thailand who since the 1990s have begun to settle in semi-permanent villages. The Mla Bri are well-known to anthropologists because, until recently, they engaged extensively in foraging, gathering, and hunting as the primary means of subsistence, making them an outlier in a region traditionally dominated by people tied to rice cultivation. Indeed, they were not tied to the agricultural cycle, although they did occasionally hire themselves out as laborers to agricultural people. As nomads, they typically shifted campsites every few weeks. However, between 2005 and 2008, there were five fatal suicides in this group, including four males and one female. This is apparently a new phenomenon; suicide was virtually unknown among the Mla Bri before more permanent settlements were established.

From 1980 to 2010, many changes occurred in the world of the Mla Bri, bringing both new opportunities and the formidable challenge of settling into permanent dwellings with all that that entails. Traditionally, so far as we can ascertain, there has been very little intra-group violence among the Mla Bri, though they were often subject to attacks from outsiders. But, in recent years, as alcohol use/abuse has become more common, so has violence. Examples are men fighting physically when they are drunk, physical abuse of wives by drunk husbands, and wives fighting back. Prior to 1993, there were no permanent Mla Bri settlements, and 2001 was an important year for them because not only were the first settlements legally established, but they were also granted Thai citizenship which gave them identity cards and ready access to health care, schooling, and other modern government services.

Ultimately, the most general explanation for the emergence of suicide among the Mla Bri is a classic one found in many societies. The rapid social change of the last thirty years has been deeply disorienting for the Mla Bri, as they stopped living in the remote forest, and took up the modern life of permanent housing, schooling, medical care, electricity, television, and other accoutrements. Such kind of “civilization” contributed to material well-being and a healthier lifestyle, but at the same time led to a breakdown in the system of social norms. As with many other groups, the effects of this are probably elevated rates of alcoholism, marital dissolution, and the suicide problems.

According to the passage, which of the following can be inferred?

【題組共用題幹】

The Mla Bri are a small group of nomadic hunter-gatherers (about 400) living in northern Thailand who since the 1990s have begun to settle in semi-permanent villages. The Mla Bri are well-known to anthropologists because, until recently, they engaged extensively in foraging, gathering, and hunting as the primary means of subsistence, making them an outlier in a region traditionally dominated by people tied to rice cultivation. Indeed, they were not tied to the agricultural cycle, although they did occasionally hire themselves out as laborers to agricultural people. As nomads, they typically shifted campsites every few weeks. However, between 2005 and 2008, there were five fatal suicides in this group, including four males and one female. This is apparently a new phenomenon; suicide was virtually unknown among the Mla Bri before more permanent settlements were established.

From 1980 to 2010, many changes occurred in the world of the Mla Bri, bringing both new opportunities and the formidable challenge of settling into permanent dwellings with all that that entails. Traditionally, so far as we can ascertain, there has been very little intra-group violence among the Mla Bri, though they were often subject to attacks from outsiders. But, in recent years, as alcohol use/abuse has become more common, so has violence. Examples are men fighting physically when they are drunk, physical abuse of wives by drunk husbands, and wives fighting back. Prior to 1993, there were no permanent Mla Bri settlements, and 2001 was an important year for them because not only were the first settlements legally established, but they were also granted Thai citizenship which gave them identity cards and ready access to health care, schooling, and other modern government services.

Ultimately, the most general explanation for the emergence of suicide among the Mla Bri is a classic one found in many societies. The rapid social change of the last thirty years has been deeply disorienting for the Mla Bri, as they stopped living in the remote forest, and took up the modern life of permanent housing, schooling, medical care, electricity, television, and other accoutrements. Such kind of “civilization” contributed to material well-being and a healthier lifestyle, but at the same time led to a breakdown in the system of social norms. As with many other groups, the effects of this are probably elevated rates of alcoholism, marital dissolution, and the suicide problems.

Which of the following is closest in meaning to “subsistence” in the first paragraph?

【題組共用題幹】

The Mla Bri are a small group of nomadic hunter-gatherers (about 400) living in northern Thailand who since the 1990s have begun to settle in semi-permanent villages. The Mla Bri are well-known to anthropologists because, until recently, they engaged extensively in foraging, gathering, and hunting as the primary means of subsistence, making them an outlier in a region traditionally dominated by people tied to rice cultivation. Indeed, they were not tied to the agricultural cycle, although they did occasionally hire themselves out as laborers to agricultural people. As nomads, they typically shifted campsites every few weeks. However, between 2005 and 2008, there were five fatal suicides in this group, including four males and one female. This is apparently a new phenomenon; suicide was virtually unknown among the Mla Bri before more permanent settlements were established.

From 1980 to 2010, many changes occurred in the world of the Mla Bri, bringing both new opportunities and the formidable challenge of settling into permanent dwellings with all that that entails. Traditionally, so far as we can ascertain, there has been very little intra-group violence among the Mla Bri, though they were often subject to attacks from outsiders. But, in recent years, as alcohol use/abuse has become more common, so has violence. Examples are men fighting physically when they are drunk, physical abuse of wives by drunk husbands, and wives fighting back. Prior to 1993, there were no permanent Mla Bri settlements, and 2001 was an important year for them because not only were the first settlements legally established, but they were also granted Thai citizenship which gave them identity cards and ready access to health care, schooling, and other modern government services.

Ultimately, the most general explanation for the emergence of suicide among the Mla Bri is a classic one found in many societies. The rapid social change of the last thirty years has been deeply disorienting for the Mla Bri, as they stopped living in the remote forest, and took up the modern life of permanent housing, schooling, medical care, electricity, television, and other accoutrements. Such kind of “civilization” contributed to material well-being and a healthier lifestyle, but at the same time led to a breakdown in the system of social norms. As with many other groups, the effects of this are probably elevated rates of alcoholism, marital dissolution, and the suicide problems.

What is the last paragraph mainly about?

【題組共用題幹】

The Mla Bri are a small group of nomadic hunter-gatherers (about 400) living in northern Thailand who since the 1990s have begun to settle in semi-permanent villages. The Mla Bri are well-known to anthropologists because, until recently, they engaged extensively in foraging, gathering, and hunting as the primary means of subsistence, making them an outlier in a region traditionally dominated by people tied to rice cultivation. Indeed, they were not tied to the agricultural cycle, although they did occasionally hire themselves out as laborers to agricultural people. As nomads, they typically shifted campsites every few weeks. However, between 2005 and 2008, there were five fatal suicides in this group, including four males and one female. This is apparently a new phenomenon; suicide was virtually unknown among the Mla Bri before more permanent settlements were established.

From 1980 to 2010, many changes occurred in the world of the Mla Bri, bringing both new opportunities and the formidable challenge of settling into permanent dwellings with all that that entails. Traditionally, so far as we can ascertain, there has been very little intra-group violence among the Mla Bri, though they were often subject to attacks from outsiders. But, in recent years, as alcohol use/abuse has become more common, so has violence. Examples are men fighting physically when they are drunk, physical abuse of wives by drunk husbands, and wives fighting back. Prior to 1993, there were no permanent Mla Bri settlements, and 2001 was an important year for them because not only were the first settlements legally established, but they were also granted Thai citizenship which gave them identity cards and ready access to health care, schooling, and other modern government services.

Ultimately, the most general explanation for the emergence of suicide among the Mla Bri is a classic one found in many societies. The rapid social change of the last thirty years has been deeply disorienting for the Mla Bri, as they stopped living in the remote forest, and took up the modern life of permanent housing, schooling, medical care, electricity, television, and other accoutrements. Such kind of “civilization” contributed to material well-being and a healthier lifestyle, but at the same time led to a breakdown in the system of social norms. As with many other groups, the effects of this are probably elevated rates of alcoholism, marital dissolution, and the suicide problems.

What does they in the passage refer to?