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Law Undergraduate

設問1が単純に弁論主義を用いた解答なのか、また他に処分権主義を用いて答えるべきか、模範解答が分かりません。 また、設問2についても最終的に既判力が後訴に及ぶかも分かりません。 ともに模範解答を提示していただけると幸いです。 よろしくお願いいたします。

INTON" [設問1] XがYに対し, 本件土地の所有権確認を求める訴えを提起した。 弁論期日にXは本件土地 の所有権を主張したが, Yはこれを争い、本件土地はXからZを使者としてYに売り渡され たと主張した。 その争点は, XZ を使者としたかどうかの有無にあるということになり、 その点についての証拠調べがされた。 その後、受訴裁判所は、取り調べ済みの各証拠からすると 「 XZを使者としたという事 実は認められないが、 XはZを代理人として,Yとの間で本件土地の売買契約を締結した」 という心証に達した。 この時点で、受訴裁判所としては、Zを代理人とする, XとYとの間 の売買契約の締結を認定することができるか。 訴訟法上の根拠を付して説明しなさい。 [設問2] AはBに対し, AB間の賃貸借契約の解除による原状回復) を理由として、 賃貸建物の 明渡しを求める訴え (前訴) を提起したが, 解除が無効と判断されたため, A敗訴の判決が され, その判決 (前訴確定判決) は確定した。 その後, Aは改めてBに対し, 所有権に基づき当該建物の明渡しを求める訴え(後訴)を 提起した。 その訴訟において、Bは「賃借権を有するから明渡義務はない」旨主張し,Aは, 前訴におけると同様、賃貸借契約は解除により終了している旨主張した。 訴訟物のとらえ方についての訴訟物理論の主要な説(いわゆる旧説と新説)に触れながら、 前訴確定判決の既判力が後訴に及ぶか、説明しなさい。 以上

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TOEIC・English Undergraduate

自分の回答と照らし合わせて確認したいので、答えがなにになるかどなたか教えてください。 解説もあると助かります。

5 A Matter of Taste Reading Passage 042 At the age of just 22, Jamie Oliver became well known across the UK as "The Naked Chef." He called himself this not because he cooked wearing no clothes, but because he wanted to simplify food preparation so that everybody could follow his recipes. He wanted to "strip down" the idea of cooking. Since then he has had numerous TV shows, published 50 many books, and has become a household name in the UK. Today, one of the activities Jamie Oliver is best known for is his great effort to improve the school dinners that children eat every day. One day, he visited the kitchen of a typical London secondary school, and he was shocked to see how much processed junk food the kids were given to eat each day. Fat and sugar levels were extremely high, and nutritional values very 10 low. The "turkey twizzler" became the symbol of these unhealthy meals: processed meat containing 21.2% fat and only 34% actual turkey. Oliver ran the school kitchen for one year and tried to show that it was possible to serve healthy meals on a limited budget—and that kids actually enjoyed eating them. His mission was to radically change the eating habits of children in that school, and across the country. 150 200 15 20 25 CULTIES 250 His project (the "Feed Me Better" campaign) has had some influence on school dinners in the UK. After watching the documentary Jamie's School Dinners, 271,677 people signed a petition calling for healthier school meals. This led the Prime Minister to agree to spend 280 million pounds (about 37 billion yen) on school dinners, to ban some junk food from school menus, and to create a School Food Trust to provide support and advice for people preparing school meals. Research, by the way, shows that children who stop eating sugary, fatty food and instead eat Oliver's school dinners are better behaved in class, and they get higher test 300 scores, too. 350 Of course, the project has had some problems. At first, many students (and even parents) resisted the removal of the junk food they were so used to. In one famous instance, some parents were passing local takeaway food to their children through the school fence. Also, schools that followed the plan for a while were often found to gradually drift back into bad habits. After all, it is easier and cheaper to just give the kids junk food. However, Oliver's efforts represent a positive start, and with obesity becoming such a huge problem (see Unit 4), 400 it's a very necessary start.

Resolved Answers: 1
TOEIC・English Undergraduate

【至急】この穴埋め問題の答えを教えて欲しいです。

Progress test (Part 1) Drag the words into the correct spaces. some of few 1/2 some a few enough neither lots of both little every each no information about attractions in the city. There are Coming to London for a weekend? Here's interesting places to visit - you won't have time to see them all. Firstly, visit to London would be complete without seeing Big Ben. The clock at the Houses of Parliament has become a symbol of London, but few✔ tourists know that Big Ben is actually the name of the bell, not day, so arrive early. the clock or the clock tower. On the opposite side of the river is the London Eye, the world's biggest observation wheel. holding 25 people, but there are still queues nearly There are 32 sections, If you'd like somewhere scientific, you could go to the Natural History Museum or the Science Museum. Entry to of these appeal to you, you may prefer Madame Tussaud's, the museum where is free. Or, if you can meet the world's most famous people made of wax. You could meet the Queen of England there, or you could hope to see her at Buckingham Palace, her London home, just the most valuable jewels in the world. stops away on the London Underground 'Tube' train. If you want to see more royal palaces, try the Tower of London, where you can see the Crown Jewels, If that isn't for one trip, why not go to Shakespeare's Globe Theatre, a reconstruction of the 1599 theatre extra money, you can even see a play there. where his plays were performed. If you have a

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TOEIC・English Undergraduate

これの和訳して貰えませんか?

5 Reading Passage 10 15 20 Yuna Kim is one of the world's best figure skaters. At the 2010 Winter Olympics in Vancouver, she set three world records. In fact, one of those world records broke a record she set in 2009. program and a At the Olympics, both male and female skaters perform a short seven program. In the short program, skaters have less than three minutes to perform required jumps, spins, or other moves. While doing these seven things, the skaters also have to show judges how well they can put these elements together into a kind of dance performance on the ice. The long program is similar to the short program except that skaters perform for a longer time and have more required moves. long Before the 2010 Winter Olympics began, many people thought Yuna Kim was likely to win a gold medal. Certainly, there were other women skaters who had the skill to win gold at the Olympics. However, Ms. Kim had an advantage. She had already set a number of world records. In 2007, she set the record for the highest score in a short program with 71.95 points in Japan. The same year she also set the world record for the highest score in a long program with 133.7 points in Russia. Then, in 2009 she beat her own record in the short program by scoring 76.12 in the United States. At that competition, she also became the first woman to score over 200 points with her short and long programs - her combined score was 207.71. The next year at the Winter Olympics in Vancouver, she broke her records again. In the short program, Ms. Kim scored 78.5, a new world record. In the long program, she scored 150.06, another world record. This gave her a combined total of 228.56 points, a third world record! Needless to say, her score was enough to win gold.

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