世新大學八十八學年度碩士班招生考試

系所別

考試科目

法律學系碩士班

英文

 

Part I. Reading Comprehension： Answer questions after reading the following

           text. (20%)

 

           In the nineteenth century, the increasing complexity of commercial and social

           Life created a growing need for intervention and regulation by government,

           Both at the state and federal levels. This phenomenon led to a massive increase

           in legislative activity, a tendency that has intensified greatly in the twentieth

           century.

              Modern regulation would be impossible to effect and implement with the old,

           pure  common law method of slowly building rules and principles through

           authoritative judicial decisions in individual cases. If we consider the need to

           create schemes of regulation that will bring order and safety into the aviation

           industry, or the need in so many areas for regulatory codes that will reduce

          environmental pollution, it is apparent that this aim can only be realized

          through the drafting of codes by a central authority that can study a whole field

          of problems and attempt to advance a unified set of solutions. Such codes must

          go through several stages-initial drafting by committees,  assisted by technical

          experts,  submission to legislative committees for scrutiny and finally

          enactment by a legislative body. In turn , the legislative body must generally

          empower continuously-operating government entities, such as the

          Environmental  Protection Agency or the Food and Drug Administration, to

          draft more detailed, but equally binding regulations.

             These typical forms of law-making activity in the modern regulatory state

          could never be accomplished by the slow and fragmentary resolution of

          individual disputes by appellate courts. Judicial decision-making is, by its

          nature, designed to resolve immediate and particular claims made by a party

          under existing law, and the courts lack the power, the expertise, and the

          personnel to promulgate broad schemes of regulation. Indeed, any such attempt

          would be seen as an illegitimate usurpation of the legislative prerogative.

             In the United States much of this regulatory rule-making is federal in nature-

          embodied in statutes of the United States Congress and regulations of federal

          agencies and departments. Its subject matter and content seem very far removed

          from the simpler concerns of the common law in older times, but it would be

          mistaken to conclude that the importance of the common law has been

          destroyed. There are several senses in which the common law system is still

          sharply recognizable and very vital.

 

Mark “O” if it is a correct statement; mark “X” if incorrect. (4% for each question.)

1. (    ) In the twentieth Century, legislation has increased tremendous owing to the increasingly complicated life patterns.

2. (    ) Common law method would be fit for the need of modern mass regulation.

3. (    ) Enacting codes and regulations by government will enhance the possibility of

            solving lately-created problems such as environmental pollution.

4. (    ) Usually, government agencies receive delegation from the legislature to

            promulgate regulations.

5. (    ) In the United States, federal regulations are no less than state regulations,

            either in terms of their scope, subject matter, or content.

 

Part II . Translation：

(A)  Please translate the following legal terms into English (30%)

1.      法官                        6. 檢察官

2.      判決                        7. 上訴

3.      被告                        8.  原告

4.      仲裁                        9.  本票

5.      傭船契約              10.  隱私權

 

(B)   Please translate the texts into Chinese (50%)

Text (I)

 

       Commercial law in the broadest sense extends far beyond the UCC. Historically, its source is the judge-made common law, particularly that

Known as the law merchant. As the American economy expanded and developed, the ever-increasing complexity and diversity of business transactions created the need for, and resulted in, the legislative enactment of numerous steatites at both the federal and state levels, which both provided special treatment for certain areas of commerce and were aimed at solving particular problems and concerns. Some examples of the scope of federal legislation-are statutes dealing with agriculture, 1 aviation, 2 banking, 3 consumer credit protection, 4payment systems 5 and transportation. 6 Many of these statutes are administered and enforced by federal regulatory agencies, which are given broad authority to promulgate rules and regulations, 7 have the force of law and must always be consulted in connection with a particular topic.

 

Text (I I )

      The regulation of broadcasting in the United States dates from 1910, when Congress ruled that all U.S passenger ships must carry a radio. Two years later the law-makers passed the Radio Act of 1912 in response to considerable pressure from the Army and Navy, which asserted that increasing numbers of amateur broadcasters interfered with military transmissions. The 1912 law required that all radio transmitters quired to have a license. The secretary of labor and commerce, who was delegated the job of administering the law, was given authority to assign specific broadcast wave-lengths to specific kinds of broadcasting (military wavelength, ship-to-shore wave-length, etc.). The secretary also had the power to determine the time periods when broadcasts could be carried, but he had no discretionary power to license. Anyone walking in the door and filling out an application could get a license.