95 年度私立輔仁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: 2529
銷售明細: 5
一、Translate into Chinese(25%)
Ultimately, more big global law firms will probably emerge to provide services for the international marketplace. But the legal profession does not look as if it will go the way of accounting, with just a few firms dominating the market everywhere. Alongside any global legal giants, first-rate firms that decide to remain at home will probably continue to thrive as long as they can remain pre-eminent in their niches.
Despite efforts at cross-border harmonization of certain areas of law, such as taxation, there remain big differences between legal systems. For instance, in countries with systems based on English common law the protection of investors is much stronger than in those based on French Civil law. On the other hand, the recent victory in a French court in a lawsuit against Morgan Stanley, an American investment bank, over allegedly tainted reports by an equity analyst probably would not have happened in an English jurisdiction.
This is why the legal profession has remained relatively parochial while its best clients have become increasingly global. Lawyers are currently catching up. But a small number of huge firms is unlikely ever to dominate the industry.

二、Translate into Chinese(25%)
Globalization presents three main challenges to traditional legal theory:
1.it challenges‘black box theories’that treat nation states, societies, legal systems, and legal orders as closed, impervious entities that can be studied in isolation;
2.it challenges the idea that the study of law and legal theory can be restricted to two types of legal ordering: municipal state law and public international law, conceived as dealing with relations between sovereign states; and
3.it challenges the adequacy of much of the present conceptual framework and vocabulary of legal discourse (both law talk and talk about law) for discussing legal phenomena across jurisdictions, traditions, and cultures.

三、Translate into Chinese(25%)
It is, emphatically, the province and duty of the judicial department, to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So, if law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case, conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case: this is of the very essence of judicial duty. If then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.

四、Translate into Chinese(25%)
The minimum conditions of a juridical system in which fundamental rights and human dignity are respected must be the following:
1.Personal security must be guaranteed. No one may be arrested or detained without a judicial decision or for preventive purposes. The residence is inviolable. No one can be expelled from his residence, deported, or exiled except in the case of a court decision with final validhy, based on a restrictively interpreted legal provision. No one can be expelled from his residence, deported, or exiled except in the case of a court decision with final validhy, based on a restrictively interpreted legal provision. No one can be compelled against his will by threats, pressure or other measures to spy on the political or intellectual attitudes of his fellow citizens. All generalized systems of denunciation for the purpose of persecuting any political opposition are prohibited.
2.No fundamental right may be interpreted as implying the authorization by any state or for any one of its organs to issue legislative provisions, to undertake an activity or to commit an act having as its purpose the restriction or suppression of that fundamental right. Consequently, everyone has the right to freedom of opinion and expression; this implies the right not to be molested or persecuted for holding opinions and not to be forced to express an opinion contrary to conviction.


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