Second, multiple choice questions
5 1, Liu, male, 2 1 year old, suffers from intermittent schizophrenia and often makes trouble outside. His parents were very upset about this and asked the lawyer for help. Which of the following legal workers' answers to their parents are incorrect?
A is qi a person with limited capacity for civil conduct or a person without capacity for civil conduct?
B qi's parents may apply to the people's court to declare qi as a person with limited capacity for civil conduct or without capacity for civil conduct. C. After the court declares, Qi no longer has the capacity for civil rights and civil conduct, and all the actions he has implemented no longer have civil legal consequences?
D qi is still regarded as a person with full capacity for civil conduct before being declared by the court.
52. Party A, Party B and Party C invested RMB 654.38+10,000, RMB 60,000 and RMB 40,000 respectively in the auto parts business. During this period, due to poor management, Party D owed RMB 654.38+million, so Party C withdrew from the partnership and paid RMB 654.38+million to Party A and Party B for repayment. How should Ding recover the creditor's rights now?
A. You can claim 50,000 yuan, 30,000 yuan and 20,000 yuan from Party A, Party B and Party C respectively.
B only party c can be required to repay 654.38 yuan+0,000 yuan, and the rest can be recovered from both parties.
C. Only Party A or Party B can be required to repay all 654.38 million yuan, and Party C cannot be required to repay 654.38 million yuan alone.
D. You can claim repayment of RMB 654.38 million from Party A, Party B and Party C..
53. Du Mou, 15 years old, with extraordinary intelligence, is a student in a juvenile class of a university of science and technology. All Du Mou's living expenses and tuition fees were paid after being sold for profit through his own computer program without the burden of his parents. At a technical achievement exchange meeting, a computer program designed by Du Mou was purchased by a company for 200,000 yuan. Du Moudang will donate 50,000 yuan to the local social welfare institute. Which statements are correct about the effectiveness of Du Mou's donation behavior?
A. Is Du Mou's behavior a civil act with undetermined effect?
B. Is Du Mou's behavior an effective civil act?
C. Is Du Mou's behavior a revocable civil act?
D. Du Mou's behavior takes effect after his parents ratify it.
54. Zhang, a salesman, was entrusted by a shopping mall to buy 1500 color TV sets at a price not higher than 2000 yuan each. Zhang's wife works in a power plant. Zhang then negotiated with B home appliance manufacturer and signed a contract for the purchase and sale of color TV. According to the contract, a shopping mall purchased 2,000 color TV sets from a power plant at a price of 1.900 yuan, or 3.8 million yuan. Because of Zhang's wife's role in the sales contract, the second power plant gave Zhang a rebate of 100 yuan for each color TV. Which of the following statements is true?
A. Zhang bought more than 500 color TV sets, which was beyond the agency. This part of the contract is invalid?
B. Zhang bought a color TV at the price of 1900 yuan, which increased the interests of the principal's shopping mall, and his agency behavior did not belong to abuse of agency rights.
C. If the second power plant is a private enterprise run by Zhang's wife, does Zhang's behavior constitute his own agent?
In this case, Zhang should return the rebate of 200,000 yuan to a shopping mall.
55. The transformer managed by a power company is just 20 meters away from the road. In order to prevent others from approaching, the power company built a wall to enclose the transformer, leaving only a small door for maintenance personnel to enter and exit. The door is marked "high voltage danger", and the small door is usually locked with a lock. Lin, the maintenance worker, has the key. One day, Lin lost his key and had to pry open the lock and enter the wall for maintenance. When he leaves, close the door and tie it with wire. The next day, Zhao (1 1 year-old) and other four children, out of curiosity, twisted the wire and entered the fence to play. Unfortunately, Zhao was injured by electric current and his arms were amputated after being rescued. The statement about this case is correct:
A. the power company should bear all the liability for compensation?
B most of the losses caused by Zhao's injury should be borne by the power company, and a small part should be borne by Zhao's parents?
C. After the power company assumes the liability for compensation, it can claim compensation from Lin?
D. Zhao is responsible for the damage.
56. A set of educational software developed by Wantong Company has just come out. Before software registration, a large number of pirated software appeared in the market. Wantong Company should investigate the legal responsibility of pirates, but several issues are unclear. Please help it point out the incorrect statement:
A. unregistered software does not enjoy copyright.
B disputes over unregistered software will not be accepted by the court.
C. As long as the conditions for prosecution are met, the court will accept software disputes.
D. You can request the administrative department of software copyright to handle the infringement dispute.
57. A company purchased a set of technical materials for producing instant coffee from a multinational company, but it was unable to produce qualified products due to its weak technical strength. So he signed a technical contract with a university of science and technology, and agreed that the company would provide the scientific research funds needed for technical development, pay 654.38+million yuan, and send five technical school graduates to assist in the development work, mainly sorting out information and purchasing equipment. However, the contract does not stipulate how to apply for a patent for the published results. HKUST was jointly developed by researcher Liu Jiaoshou and the Chemical Laboratory of the Department of Food Engineering, and finally successfully developed the production method of new instant coffee products. The following statement is correct:
A. If you apply for a patent, the application belongs to the company and a university of science and technology.
B. If you apply for a patent, the application belongs to a university of science and technology.
C. If a patent is applied, the new product of instant coffee and the method for producing the product can be submitted as one application.
D. If you apply for a patent, you can file two applications for a new instant coffee product and a method for producing it.
58. A computer of Wang, the boss of a private enterprise, broke down. He asked his secretary Zhang to throw it into the garbage station. After moving the computer to the garbage station, Zhang thought it would be better to take it home for his son to use than to throw it away, so he moved the computer home and repaired it to work normally. After learning that the computer can be used normally, Wang asked Zhang to return it. Which of the following statements is false?
A. Zhang violated the entrustment contract and could not obtain the ownership of the computer.
B. Zhang obtained the ownership of the computer based on preemption.
C Wang Youquan wants his computer back, but he should compensate Zhang.
D Wang Can withdrew his intention and took back the ownership of the computer because the abandonment had not been completed.
59. Party A is in urgent need of funds to run the store and borrow 30,000 yuan from the rural credit cooperatives. The rural credit cooperative requires Party A to purchase the one-year bearer certificate of deposit issued by the credit cooperative with RMB 6,543,800+0.5 million, and registered the number, but the certificate of deposit is still held by Party A.. After Party A transfers the certificate of deposit to Party B for cash at a price of RMB 654.38+450,000. After the certificate of deposit expires, Party B takes it to the rural credit cooperatives for cashing. The rural credit cooperatives consider it as the pledge of Party A's loan and refuse to cash it. Which of the following statements is correct about the nature and handling of this case?
A. The loan agreement between Party A and rural credit cooperatives is invalid. 2. The pledge agreement between Party A and rural credit cooperatives is invalid.
C the transfer of certificates of deposit between party a and party b is valid. D. Rural credit cooperatives shall cash the certificate of deposit to Party B.
60. Party A and Party B jointly set up a computer company to engage in the retail and wholesale business of computers. When the company was established, Party A contributed 300,000 yuan, and Party B borrowed 200,000 yuan from the bank, which was injected into the temporary account of the computer company. Both parties agreed that the computer company would return the loan to the bank after the loan expired. Due to the bad market situation, the computer company has been depressed since its establishment, and then it borrowed 500 thousand from the bank, which could not be repaid when the loan expired. After the bank filed a lawsuit, the court found that the company had closed down and did not go through the formalities of cancellation of legal person. Who can the bank ask to repay the debt?
A. the bank can ask the computer company to repay the debt with all its property.
B the bank may require party a to repay the debt within the scope of its capital contribution.
C the bank may require party b to repay the debt within the scope of its capital contribution.
The bank can ask either party to repay the debt.
6 1. In the prospectus of a joint-stock company issuing shares, the content that Company B, which was in arrears with huge debts, declared bankruptcy and made the huge debts unrecoverable was omitted. Securities company c sells shares for company a through underwriting. Shortly after the stock went public, the relevant media disclosed the above situation of Company B, which led to the stock market of Company A plummeting and investors suffered losses. Who should bear these losses of investors?
A. joint-stock limited liability company
B.c securities company
C. Directors, supervisors and managers of Company A and Company C shall be jointly and severally liable for compensation.
D the directors, supervisors and managers of Party A and Party C who are responsible shall be jointly liable for compensation.
62. Which of the following statements about stocks and bonds is correct?
A. stocks and bonds are investment securities.
B. the law has different requirements for the conditions of issuing stocks and bonds.
Both limited liability companies and joint stock limited companies can issue stocks and bonds.
D. stocks and bonds are securities.
63. Zhang is holding a money order. Drawer Li, endorser Qian, guarantor Zhao and payer Wan. The maturity date of the bill was June, 2005 10, and Wan died of illness on May 28th, 2005. According to the relevant laws of China, how can Zhang Can's bill rights be guaranteed?
1. Li, Qian and Zhao shall be jointly and severally liable for it.
B. If Zhang chooses to claim the bill right only from Li and Qian, he should claim the bill right from Qian first, and then from Li.
C. The holder can only choose to claim the bill right from money.
D after the holder has recourse to the money, the money obtains the same bill rights as Zhang.
64. Party A owes Party B 5,000 yuan, and Party B has repeatedly called for payment, but Party A has delayed paying it back. After B sues A, he must pay back the money within half a month, otherwise he will sue. A immediately sold 90% of the only valuables at home, a new refrigerator and a color TV, to an informed C at the price of 150 yuan, and was discovered by B. Which of the following statements is correct?
A. Party B may notify Party A and Party C in writing to terminate the sales contract.
B. If the discovery date of Party B is May 2000 1, Party B will no longer enjoy the cancellation right from May 2, 2006.
C if party b brings a lawsuit to the court, and party a is the defendant, the court may add party c as a third party.
D. If Party B's cancellation right is established, Party A and Party C shall bear the lawyer's agency fees and travel expenses paid by Party B for this purpose.
65. In 2003, Party A borrowed RMB 3,000 from Party B, with the words "the loan term is one year, and the repayment will be made before next year 10/0/5" and the signing date is "September 20th of the year after the loan expires". Later, the two men had a dispute over the repayment period. The court found that "September 20th of Guiwei Year" was 20031October15th, so the repayment period was 20041October15th. What rules of contract interpretation did the court use?
A. Literal explanation B. Overall explanation C. Purpose explanation D. Habitual explanation
66. Wang bought a ticket to take a long-distance bus of a transportation company, and the driver was Qian. The long-distance bus collided with the vehicle driven by Zhu, causing Wang to be injured. Zhu was found to be fully responsible for the traffic accident. Which of the following statements is true?
A. ask Zhu to compensate for infringement losses. Wang Can asked the transportation company to compensate for the breach of contract.
C. ask money for tort damages. Wang Can asked the transportation company to compensate for the infringement damage.
On the morning of March 4th, 1992, Wu Mou found a pregnant cow lying in her yard. After careful identification, she determined that the cow was not raised by the same villager, so she tied the cow in her yard and asked its owner, but failed to find its owner. When Wu Mou saw that the cow was about to give birth, he raised the cow carefully and added a lot of concentrate. Cows have dystocia during childbirth, which endangers the lives of cows and calves. So I quickly invited a veterinarian to make a diagnosis and let this cow give birth to a calf smoothly. Three months later, the owner of the cow, Yu Mou, a villager from a neighboring village, came home to explain that the cow was stolen by others and asked for the cow and calf. Wu Mou claimed that it spent 100 yuan on feeding cattle and calves and 90 yuan on medical expenses, and demanded compensation from a company. After hearing this, I claim that the feed fee can be compensated for 100 yuan, but the medical expenses can't be compensated, because the cow was stolen by others, and if it was at home, the cow wouldn't have dystocia. The two sides were deadlocked, and Wu Mou sued on February 23rd. 1992. As far as this case is concerned, the following statement is correct:
A. Who should Wu Mou return the cows and calves to?
B. Wu Mou's behavior of raising cows in a certain place belongs to management without cause, and Wu Mou should be compensated for feed and medical expenses *** 190 yuan?
C. Wu Mou should put the cow back somewhere, and the calf should be owned by Wu Mou?
D. Besides paying the feed fee and medical expenses caused by unattended management, I also paid some labor remuneration to.
68. When Wang and Zhou got married, they signed a written agreement, stipulating that the property obtained after marriage should be owned by both parties. After Zhou got married, he quit his job in order to support his in-laws and take care of the children at home. Wang worked in other places for a long time and then lived with Li. After Zhou was informed, he sued the court for divorce. Which requests can the court support next week?
A. I demand compensation from Wang because I have done more for my family life.
B. Because he is specialized in family life and has not taken part in work, he requests the court to make a judgment to confirm that the agreement of both parties that the income after marriage belongs to each other is invalid.
C. Due to the difficulties in life after divorce, I asked Wang for appropriate help.
D. Because Wang lived with others, the two sides divorced and asked Wang to compensate for the losses.
69. Xu, who lives in Area A of City A, signed a written property lease contract with Zheng, who lives in Area B of the same city, and agreed to take all the mechanical equipment of Zheng to Area C and Area D for use, and the rent was paid by Xu. At the same time, the two sides also agreed that any disputes arising from the contract should be tried by any district people's court where the two sides live. Later, there was a dispute between the two parties during the performance of the contract, and Xu filed a lawsuit. So, which of the following courts has jurisdiction over this case:
A. District People's Court
B.b District People's Court?
C.c district people's court
D.d district people's court
70. County A is adjacent to four counties in County B, and the company with its place of business in County A and Tyrone Company with its place of business in County B signed a sales contract with the target amount of 50,000 yuan in County C ... The delivery place in the contract is Yuhuan Company warehouse in County C; The mode of delivery is the buyer's own delivery by Tailong Company; The way to solve the dispute is to arbitrate in D County Arbitration Committee or bring a lawsuit to A County or E County People's Court. There was a dispute during the performance of the sales contract. In this case, which of the following ways can Yuhuan Company solve the dispute over the sales contract according to law?
A. apply to the d county arbitration commission for arbitration. B. bring a lawsuit to the people's court of county B.
C. bring a lawsuit to the people's court of county c or county e.
7 1, a production enterprise advertised its products with good quality and low price, which attracted many consumers to buy its products. Afterwards, many consumers found that there were serious problems with the quality of the products, so many people filed lawsuits with the same court with jurisdiction. Then the following statement is correct:
A. this is a necessary lawsuit, and the court should try it together?
B these consumers can elect their representatives to conduct litigation, and all litigation actions of the representatives are valid for the consumers they represent?
C the people's court thinks that the trial can be combined, and only with the consent of the plaintiff can the trial be combined?
D these consumers who sue can choose two to five people as litigation agents to represent them in litigation.
72. Wei Wu, a litigant in civil litigation, entrusts his lawyer Xiao Changjiang to represent civil litigation. Wei Wu's power of attorney submitted to the people's court said that Xiao Changjiang's power of attorney was "power of attorney". According to this power of attorney, Xiao Changjiang represents Wei Wu in litigation and has the right to represent Wei Wu in any litigation activities.
A. provide evidence B. waive the claim? C. Conduct court arguments D. Appeal
73. According to the provisions of the Civil Procedure Law, the evidence collected by the people's court through investigation includes:
A. the parties and their agents ad litem cannot collect it by themselves.
B. where the people's law deems it necessary to conduct appraisal and inspection.
C. Insufficient evidence provided by the parties?
D. the evidence provided by the parties cannot be identified because of mutual shielding.
74. The people's court may summon the following defendants who refuse to appear in court without justifiable reasons after being summoned twice.
A. to whom does the defendant have the obligation to support, support and support?
B. The defendant who committed * * * infringement?
C. the defendant in the divorce case?
D. legal representatives of minors who have caused harm to others
75. 1996 10, Xia Jiahua filed a lawsuit with the people's court in District H of S City, requesting the court to order the defendant Xia Jiaping to return the arrears of 6,000 yuan. During the litigation, both parties reached a settlement agreement: Xia Jiaping paid Xia Jiahua RMB 5,000 in one lump sum within 15. Xia Jiahua applied to the court to withdraw the lawsuit, and the court ruled that it was allowed. What are the legal consequences in this case?
A. the legal relationship in the civil action in this case has been eliminated?
B. The litigation expenses shall be borne by Xia Jiahua?
C. If Xia Jiaping fails to perform the settlement agreement, can Xia Jiahua apply to the court for enforcement?
D In any case, Xia Jiahua can't file a lawsuit with the same request again.
76, for which of the following prosecution, the court shall decide not to accept or reject the prosecution?
A. Party A sued Party B for defaulting on payment of 30,000 yuan, but the limitation of action has expired.
B. Company A sued Company B for paying the rent of 200,000 yuan, but Company B had its business license revoked.
C. A sued B for divorce, and the lawsuit was dropped during the lawsuit. Two months later, A sued for divorce again, but did not put forward new circumstances and new reasons.
D. Party A and Party B have lived together for several years, and Party B has promised in writing to give Party A a car worth more than 6,543,800 yuan, but it has never been fulfilled. Party A sued Party B for car payment.
77.1In July, 1996, Maolin County People's Court made a first-instance judgment on the purchase and sale contract dispute between Tang Sheng Company and Yin Ji Company, and found that the contract signed by both parties was valid and Yin Ji Company lost the case. On the second day after the judgment was served on both parties, Maolin County People's Court immediately found that the original judgment was wrong, and the purchase and sale contract signed by Tang Sheng Company and Yin Ji Company was actually invalid. In this case, how should the Maolin County People's Court handle it?
A. Make an immediate ruling, annul the original judgment and make a new judgment?
B waiting for the parties to appeal or not, if the parties fail to appeal within the appeal period, Maolin County People's Court shall handle it according to the trial supervision procedure?
C if a party appeals within the appeal period, the Maolin county people's court may put forward the opinion that the original judgment is indeed wrong and submit it to the people's court of second instance?
D if the parties appeal during the appeal, Maolin county people's court will hand over the case file to the people's court of second instance, and will never make any comments on the trial.
78. Compared with ordinary procedures and summary procedures in civil proceedings, special civil procedures are characterized by:
A special procedures are only applicable to certain non-civil rights disputes, that is, just to confirm certain legal facts?
B. in cases where special procedures are applied, there are no plaintiffs and defendants?
Cases tried in accordance with special procedures shall be subject to the system of first instance and final adjudication?
D. all trial supervision procedures are not applicable.
79. The contract dispute between Zhang Wen of Haidian District and Li Guang of Chongwen District in Beijing was arbitrated and awarded by Beijing Arbitration Commission. Zhang Wen believes that Li Guang has concealed enough evidence to affect judicial justice from the arbitration tribunal and applied to the people's court for cancellation of the arbitral award. Which of the following statements is incorrect?
It is under the jurisdiction of the Intermediate People's Court of Li Guang's domicile.
B. Zhang Wen shall apply within 6 months after the expiration of the performance period determined by the arbitration award.
The people's court shall not request the arbitration tribunal for arbitration again.
D if the people's court notifies the arbitration tribunal to arbitrate again, the arbitration tribunal shall arbitrate again.
80. Hongyun Industrial Co., Ltd. and Tian Ling Trading Co., Ltd. have a dispute over the sales contract, and Hongyun Company applies to the Municipal Arbitration Commission for arbitration according to the arbitration clause in the contract. During the arbitration, both parties reached a settlement on their own, and Hongyun Company withdrew the arbitration application. Afterwards, Tian Ling Company reneged on the settlement agreement and refused to perform it. What legal rights does Hongyun Company have at this time?
Apply for arbitration again according to the arbitration clause in the original contract.
B. Re-reach an arbitration agreement with Tian Ling Trading Company and apply for arbitration accordingly.
C. apply to the people's court for execution of the settlement agreement
D. bring a lawsuit to the people's court