合約條款與免責條款：練習題

• a.Criminal sanctions aim to punish the offender, while civil remedies aim to compensate the victim.
• b.Criminal sanctions aim to compensate the state, while civil remedies aim to punish the defendant.
• c.Both systems aim primarily to provide financial gain for the government.
• d.Criminal sanctions are optional, whereas civil remedies are mandatory for all crimes.

• a.The state carries the burden of proof in both the criminal and civil proceedings.
• b.There is no burden of proof in the civil case if a criminal conviction has already been secured.
• c.The victim (claimant) carries the burden of proof in the civil case to show liability on the balance of probabilities.
• d.The defendant must prove their innocence in the civil case because they were convicted in the criminal case.

• a.The driver faces a community order, which legally transfers all of the driver's private assets to the company.
• b.The driver is sued by the police for damages; the company is prosecuted for the driver's dishonesty.
• c.The driver is prosecuted for theft; the company may be vicariously liable to the owner of the goods in a civil claim.
• d.The state brings a civil action against the driver for breach of trust; the company is immune from all liability.

• a.A breach of contract and a breach of trust.
• b.A strict liability offence and a human rights violation.
• c.A crime (theft) and a tort (conversion).
• d.An administrative error and a public nuisance.

• a.The prosecution must prove the case on the balance of probabilities; the claimant must prove the case beyond reasonable doubt.
• b.The prosecution must prove the case beyond reasonable doubt; the claimant must prove the case on the balance of probabilities.
• c.Both the prosecution and the claimant must prove their respective cases on the balance of probabilities.
• d.Both the prosecution and the claimant must prove their respective cases beyond reasonable doubt.

先自己寫一次答案，再對照解題步驟。

先自己寫一次答案，再對照解題步驟。

先自己寫一次答案，再對照解題步驟。