95 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: 95
全卷點數: 0 點  下載考題(免費)
點閱次數: 2412
銷售明細: 12
一、Vocabulary application(30%)
Choose an appropriate word from the list below to fit in each sentence. Change the form of the word if necessary.
proceeding,consent,accomplice,testify,attempt,anonymous,verdict,terminate,constitutional,plaintiff,constitute,trial,doctrine,validity,violation,compensate,misleading,fraud,amendment,consequence,controversy,abolish,guarantee,discrimination,sovereignty
1.If you don't pay me back my money within the week, I will commence a legal __________ against you.
2.After a long deliberation, the jury returned a __________ of guilty.
3.This identification is a __________ ; the signatures do not match.
4.The next witness will __________ for the defense.
5.To __________ the crime of robbery, the money must have been taken from a person by means of force or violence.
6.He __________ to rob the bank but failed, and was arrested by the police.
7.He was found guilty of being an __________ in the crime.
8.She was on __________ for murdering her husband and three children.
9.Racial or religious __________ in hiring workers is against the law.
10.The husband exemption should be __________ from the criminal sexual conduct.

二、English → Chinese translation(30%)
1.summary judgment
2.cause of action
3.quantum meruit
4.personal injury claim
5.defense counsel
6.public defender
7.mens rea
8.write of habeas corpus
9.right of privacy
10.freedom of association

三、English → Chinese translation(20%)
1.The attorney is not liable for an error in judgment if he acts in good faith and in an honest belief that his advice and acts are well founded and in the best interest of his client.
2.The privileged character of the communication between attorney and client confines to the legitimate course of professional employment.
3.A killing in self-defense is excusable only as a matter of genuine necessity.
4.Nor should any state deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdiction the equal protection of the law.

四、English → Chinese translation(20%)
In Miranda v. Arizona, the U.S. Supreme Court concluded that in the context of "custodial interrogation" certain procedural safeguards are necessary to protect a defendant's Fifth and Fourteenth Amendment privilege against compulsory self-incrimination. More specifically, the Court held that "the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." Those safeguards included the now familiar Miranda warnings -- namely, that the defendant be informed "that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires" -- or their equivalent.


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