93 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: 93
全卷點數: 0 點  下載考題(免費)
點閱次數: 2467
銷售明細: 7
一、Part One
Please read the following paragraphs very carefully, then (1) RESTATE in concise Chinese the whole excerpt, and (2) SUMMARIZE in legal English the ESSENCE of each of the following paragraphs:
1.The human rights framework adds to trade and development policy the notion that education, food, adequate housing, and health care are rights, not merely needs. This implies that the poor should not simply benefit from the charity of more resources, but must have legal and political space to claim their rights and take part in decision-making. It implies that government policies should ensure access to justice, protect against discrimination, and fulfill economic and social rights. In designing social safety nets, and poverty reduction strategies, their policies must respect the right to an adequate standard of living, including food, housing, health protection, education, and social security. Budgetary processes should be transparent and consistent with the right to information. The human rights framework, supported by international law, makes it possible to bring principles of accountability, non-discrimination, and participation, which are also central values of development, into sharper focus. By focusing on protection of the most vulnerable, human rights can be used to assess national progress by disaggregating national averages in order to establish, for example, how many girls, minorities, the rural poor, or indigenous people are, in fact, enrolled in school.(30%)

2.A promotional technique that is similar in some respects to the sending of unordered merchandise is the negative-option plan. This is defined in a Federal Trade Commission (FTC) rule to mean "a contractual plan or arrangement under which a seller periodically sends to subscribers an announcement which identifies merchandise (other than annual supplements to previously acquired merchandise) it proposes to send to subscribers to such plan, and the subscribers thereafter receive and are billed for the merchandise identified in each such announcement, unless by a date or within a time specified by the seller with respect to each such announcement the subscribers, in conformity with the provisions of such plan, instruct the seller not to send the identified merchandise." 16 C.F.R. §425.1. Among the most familiar examples are book and record clubs. In contract-law terms, negative-option plans differ significantly from the sending of unordered merchandise, because the consumer normally contracts in advance, for consideration (in the form of a "bonus" for joining the club), to be bound by the plan's terms. The FTC's rule does not prohibit such plans. Instead, it requires clear disclosure of plan's material terms, and Imposes certain minimal regulation, such as a requirement that the subscriber be given at least ten days in which to instruct the seller not to mail the selection. (30%)

二、Part two
Please use concise legal English to RESTATE the following paragraphs:
1.出賣人交付買賣商品之數量超過契約約定者,買受人得受領該超過約定數量之商品,亦得拒絕受領該超過之部分。買受人受領該超過約定數量之商品全部或一部者,就該受領部分商品,應依契約單價計付價金。(20%)

2.金融機構對疑似洗錢之交易,應確認客戶身分及留存交易紀錄憑證,並應向指定之機構申報。依前項規定為申報者,免除其業務上應保守秘密之義務。─以上規定見洗錢防制法第 8 條第 1 項及第 2 項─(20%)


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