91 年度私立東吳大學法律學系研究所博士班考題
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科  目: 法學英文
年  度: 91
全卷點數: 0 點  下載考題(免費)
點閱次數: 1782
銷售明細: 5
一、Part One
Please read the following paragraphs very carefully, then (1) RESTATE in concise Chinese the whole excerpt, and (2) POINT OUT in legal English, with no more than 100 words, the essence of each of the following paragraphs:
1.The municipal law of a state or country is frequently subdivided into public and private law, although there is some disagreement as to where the dividing line should be drawn. Private law, generally speaking, is concerned with disputes among private citizens or private organizations. These disputes may arise out of a contract, or out of a wrongful act (tort), or out of a business transaction, or they may involve family relations or ownership of property. The basic private law subjects are Contracts, Torts and Property. After taking courses in the fundamentals of these subjects, you will be ready to study some of the other important private law principles, such as Commercial Law, Trusts and Estates, Corporations, Securities Law and Labor Law. Public Law, in its most general sense, involves relations between private citizens or organizations and the government. The protection of civil liberties, the protection of the citizens against arbitrary acts of executive or administrative organs, the validity of legislation, and governmental regulation of trade and commerce are subjects which belong to the field of public law. Important public law courses are Constitutional Law, Administrative Law, Taxation, and Trade Regulation.(25%)

2.The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellowmen, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into a new product at every stage.(25%)

3.Where an offeree fails to reply to an offer, his silence and inaction operates as an acceptance in the following cases only: (20%)
A.Where an offeree takes the benefit of offered services with reasonable opportunity to reject them and reason to know that they were offered with the expectation of compensation.
B.Where the offeror has stated or given the offeree reason to understand that assent may be manifested by silence or inaction, and the offeree in remaining silent and inactive intends to accept the offer.
C.Where because of previous dealings or otherwise, it is reasonable that the offeree should notify the offeror if he does not intend to accept.

二、Part two
Please RESTATE the following paragraphs with concise legal English:
中華民國刑事訴訟法第 95 條規定「訊問被告應先告知左列事項︰
一 犯罪嫌疑及所犯所有罪名。罪名經告知後,認為應變更者,應再告知。
二 得保持緘默,無須違背自己之意思而為陳述。
三 得選任辯護人。
四 得請求調查有利之證據。」(30%)


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