課程名稱︰英美法導論
課程性質︰選修
課程教師︰張文貞
開課學院：法律學院
開課系所︰法律系
考試日期（年月日）︰103.6.17
考試時限（分鐘）：110 min.
是否需發放獎勵金：是
（如未明確表示，則不予發放）
試題 :
Ⅰ.Single or Multiple Choices: (60%)
1. Please choose correct statement(s) below.
(A) Hearsay evidence is what someone else has said for the purpose of proving
the truth of what was said.
(B) When plantiff's lawyer has called all of his or her witnesses, and their
examinations are over, plantiff will rest.
(C) Res judicata means that a thing decided and now at rest. After the appeal
and whatever further proceedings may take place, or, if no appeal is taken,
when the time for appeal expires, the judgment is final.
2. If the plantiff tells a highly unlikely but possible story in the complaint,
what could possibly be the next steps?
(A) The court could dismiss the complaint.
(B) The court could not dismiss the complaint.
(C) The relevant party could raise a motion for summary judgment.
3. What is the rule of the Supreme Court of United States for admitting an
application for writ of ceritorari?
(A) Rule of Three.
(B) Rule of Four.
(C) Rule of Thumb.
4. According to Lujan v. Defenders of Wildlife, 504 U.S. 555(1992), what is
or are the requirement(s) for establishing the standing to sue?
(A) Paticularized legally protected interests.
(B) Causal connection between the injury and the conduct complained of.
(C) Speculative possibility about redressability
5. According to Flast v. Cohen, 392 U.S. 83(1968), which of the following
nexus(es) is or are required for taxpayers' standing?
(A) A nexus between that the status of taxpayer and the type of legislative
enactment attacked.
(B) A nexus between the status of taxpayer and the form of executive actions
complained of.
(C) A nexus between the status of taxpayer and precise nature of the
constitutional infringement alleged.
6. In the majority opinion written by Justice Douglas in Griswold v.
Connecticut, 381 U.S. 479(1965), which Amendment(s) is or are considered
in developing the right of privacy?
(A) 1st Amendment
(B) 4th Amendment
(C) 13th Amendment
Ⅱ.(40%)Suppose:
Global warming and climate change have caused the melting of ice in the
Arctic at an accelerating speed, seriously threatening the survival of polar
bears. Diana, the founder of the "Saving the wildlife" club and a biologist at
Yale University, has been studying polar bears in the Arctic and published
scientific articles about the sharp decrease in the number of polar bears
caused by the melting of ice and global warming. The members of the "Saving
the wildlife" club are either biologists, zoologists or lovers of polar bears
and have been devoted to a great deal of interests in watching and studying
polar bears. They think that big oil companies should be primarily responsible
for the endangering of polar bears as the sale and usage of gas and oil have
led to a great deal of emissions in carbon dioxide causing global warming and
threating the lives of polar bears.
Diana and the members of the "Saving the wildlife" club have learned that
one of the biggest oil companies, the Exxon Mobil Corporation, is planning to
build another oil drilling station. They are thinking about bringing a suit to
stop this project for its potentially serious harm to the environment and the
polar bear. Along with this injunction suit, they are also thinking about
demanding for the monetary damage award of USD 5,000,000 for compensating their
injury in having fewer and fewer polar bears to watch and study.
Based upon what you have learned so far, do you think Diana and the "Saving
the wildlife" club have the standing to sue?
Enjoy writing!