| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
Sean submitted and Rene accepted a bid to supply approximately 4,000 tons of trap rock for an airport at a unit price. The parties executed a standard form of “Invitation, Bid, and Acceptance (Short From Contract)” supplied by Rene, including typed terms “to be delivered to project as required,” “delivery to start immediately,” and “cancellation by Rene may be effected at any time.” However, ______ requires that Rene orders and accepts the rock within a reasonable time unless Rene has given Sean a notice of intent to cancel. |
|||
A |
good faith |
B |
good feeling |
C |
good intent |
D |
good will |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
Securities law intervenes in corporate governance in several ways. From the example of Taiwan’s securities law, which of the following does not reflect this intervention? |
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A |
Companies cannot solicit and receive proxy from shareholders freely. |
B |
Companies need to make a public financial disclosure every season or year. |
C |
A certain number of independent directors are required for newly listed companies. |
D |
When issuing new stock, participating underwriters need to have licenses, meet strict qualifications, and cannot be bypassed. |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
______ is a public offer to stockholders of a listed company to exchange their shares for cash or securities bypassing the centralized securities exchange market or the over-the-counter market. |
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A |
Public issuing |
B |
Treasury stock |
C |
Tender offer |
D |
Proxy solicitation |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
Adoption of criminal statutes requiring consideration of ______ impact statements during the sentencing stage aims to provide various information about the crime with the court. |
|||
A |
victory |
B |
victim |
C |
vicarious |
D |
vice |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
______ could be awarded in addition to actual damages when the defendant acted with recklessness, malice,or deceit. |
|||
A |
Compensatory damages |
B |
Nominal damages |
C |
Punitive damages |
D |
Consequential damages |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
The 1943 decision, West Virginia State Board of Education v. Barnette, ______ a law compelling public school students to salute the flag. Justice Jackson wrote that“[I]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism,religion or other matters of opinion, or force citizens to confess by word or act their faith therein.” |
|||
A |
upheld |
B |
struck down |
C |
sustained |
D |
overhauled |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
Which of the following is not a constitutional limit on government power? |
|||
A |
Check and balance |
B |
Judicial review |
C |
Ban on ex post facto laws |
D |
Presidential immunity |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
In this case we are asked to reconsider Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990). It has been noted that “Austin was a significant departure from ancient First Amendment principles.” We agree with that conclusion and hold that stare decisis does not compel the continued ______ of Austin. |
|||
A |
resistance |
B |
forbearance |
C |
disapproval |
D |
acceptance |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
In a civil case ______, are a trivial sum of money awarded to a plaintiff whose legal right has been technically violated but who has not established that they are entitled to compensatory damages because there was no accompanying loss or harm. |
|||
A |
nominal damages |
B |
trivial awards |
C |
declaratory compensations |
D |
punitive damages |
| #111年,#特種考試,#高等考試,#司法官,#律師,#綜合法學(二)（公司法、保險法、票據法、證券交易法、強制執行法、 法學英文）, | |||
A ______ is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. |
|||
A |
summary judgement |
B |
directed verdict |
C |
judgement of dismissal |
D |
judgement notwithstanding the verdict |