關於愛，我是個小學生。

己立立人，己達達人。~ 論語 雍也
不先立己，何以立人？己不能達，焉能知達？然欲立達，必先知己，知己必先知道。道者，心之帥也。
汝既知己，應已知道，知道後而明道，今吾等所企也。無他，戮力而行耳。
論試，吾尚稚，其書寫格式、立論重點，不一而足，要以能契試者所冀，針碥中的為務；徒以為熟稔通曉、論理明確而自恃，未能以書及試，則墜無間地獄而不自知，此吾大不足也。
且不能工，何以立萬？但不可達，豈能揚名？俱皆失，焉能為僕？共勉之。

53. contributory negligence = 加工過失
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently. Contributory negligence is often regarded as unfair because under the doctrine a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely.
54. assumption of risk = 自甘風險
Assumption of risk is a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor (One who commits a tortious act is called a tortfeasor. tort + feasance) if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time of his injury. What is usually meant by assumption of risk is more precisely termed primary assumption of risk. It occurs when the plaintiff has either expressly or implicitly relieved the defendant of the duty to mitigate or relieve the risk causing the injury from which the cause of action arises.
55. exculpatory = 免責條款
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt.
56. firefighter rule = 消防人員法則
The fireman's rule (firefighter's rule) also known as the professional rescuers rule is a common law or statutory restriction on tort actions by public safety officials. In general, the fireman's rule bars lawsuits by police officers, firefighters, and in some jurisdictions all professional rescuers from collecting on damages that occur in the course of their duties even in cases of clear negligence by other parties.
57. vicarious liability = 替代責任
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability.
58. independent contractor = 獨立承攬人
Paparazzi tend to be independent contractors, unaffiliated with any mainstream media organization.
59. strict liability = 嚴格責任
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability (including fault in criminal law terms, typically the presence of mens rea). Strict liability is prominent in tort law (especially product liability), corporations law, and criminal law. For analysis of the pros and cons of strict liability as applied to product liability, the most important strict liability regime, see product liability (本單元第 61 條).
60. abnormally dangerous activities = 極端危險行為
Indiana Harbor Belt Railroad brought suit against American Cyanamid seeking to recover the clean up costs from American Cyanamid. The suit set forth two legal theories: (1) that American Cyanamid had negligently maintained the leased car; and (2) that, since American Cyanamid was involved in an abnormally dangerous activity, it was strictly liable for the consequences of a spill or other accident to the shipment en route.
American Cyanamid moved to dismiss Indiana Harbor Belt Railroad's strict liability claim against it, but the district judge denied this motion. Indiana Harbor Belt Railroad therefore moved for summary judgment and won. The district judge then dismissed Indiana Harbor Belt Railroad's negligence claim so that American Cyanamid could appeal the strict liability decision to the Seventh Circuit.
61. product liability = 產品責任
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.
62. cost-benefit analysis, lost-benefit analysis, or risk-utility analysis = 損益分析法則
Social exchange theory posits that all human relationships are formed by the use of a subjective cost-benefit analysis and the comparison of alternatives.
63. state of the art = 當代工業技術水準
State of the art (disambiguation)often refers to the highest level of development of a device, technique, or scientific field, achieved at a particular time. State of the art may also refer to: a patent law concept, which is synonym of prior art
64. nuisance = 干擾行為
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his use or enjoyment of that land", and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects"; public nuisance is also a crime.
65. defamation, libel, slander = 毀謗；文字毀謗；言詞毀謗
Defamation, also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. This can be also any disparaging statement made by one person about another, which is communicated or published, whether true or false, depending on legal state. In Common Law it is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).
In common law jurisdictions, slander refers to a malicious, false, and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike [with] libel, truth is not a defense for invasion of privacy."
False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being." If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.
In some civil law jurisdictions, defamation is dealt with as a crime rather than a tort. The United Nations Commission on Human Rights ruled in 2012 that the criminalization of libel violates Freedom of expression and is inconsistent with Article 19 of the International Covenant on Civil and Political Rights.
A person who harms another's reputation may be referred to as a "famacide", "defamer", or "slanderer". The Latin phrase famosus libellus means a libelous writing.
66. republication rule = 再傳播法則
67. fair report privilege = 公平報導免責權
When someone heard a man making vicious slander against another person, should he or she 'republicate' what he or she had heard between the two and could be exempt from liability for slandering the man that was alleged slanderer? That depends on the identification of the 'reporter'. If the man is not a media worker, whose responsibility is to make fair, unbaised report over any observations, he then is to be blamed for reporting an unverified event that might harm other's reputation. Otherwise, the media, that owns fair report privilege, can be exempt form the same charge if he could verify that his report is neutral and objective, without any attention to harm or defame any other's reputation.　
68. privacy = 隱私權
Information privacy, or data privacy is the relationship between collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them. Privacy concerns exist wherever personally identifiable information is collected and stored – in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues can arise in response to information from a wide range of sources, such as:
1. Healthcare records
2. Criminal justice investigations and proceedings
3. Financial institutions and transactions
4. Biological traits, such as genetic material
5. Residence and geographic records
6. Ethnicity
7. Privacy Breach
The challenge in data privacy is to share data while protecting personally identifiable information. The fields of data security and information security design and utilize software, hardware and human resources to address this issue.
69. misrepresentation = 不實表示
Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation.
70. parody defense = 玩笑抗辯
When Tom Forsythe appropriated Barbie dolls for his photography project "Food Chain Barbie", Mattel lost its claims of copyright and trademark infringement against him because his work effectively parodies Barbie and the values she represents. But when Jeff Koons tried to justify his appropriation of Art Rogers' photograph "Puppies" in his sculpture "String of Puppies" with the same parody defense, he lost because his work was not presented as a parody of Rogers' photograph in particular, but of society at large, which was deemed insufficiently justificatory.
71. fair use = 合理使用
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.
The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

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