A The main body presiding over people's mediation is the people's mediation committee, the main body presiding over arbitration is an arbitration institution independent of administrative organs, and the main body presiding over civil litigation is the people's court as a national judicial organ.
B The scope of people's mediation disputes is limited to civil disputes between citizens, and the scope of arbitration includes property rights disputes between citizens, legal persons and other organizations, while the scope of civil litigation is the most extensive, and all disputes involving civil rights and obligations stipulated in substantive law can be submitted to litigation.
C. The mediation agreement reached through people's mediation has no enforcement effect, and both the arbitral award and the civil judgment have enforcement effect.
D the people's court may correct the mediation agreement reached under the auspices of the people's mediation Committee through trial, or exercise judicial supervision over arbitration by ruling the validity of the arbitration agreement and examining the legality of the arbitration award.
Correct answer: a, b, c, d.
2. The trading company introduced by Zhang signed a machine tool purchase and sale contract with Lanyue Machinery Company. After the contract was signed, Yuan Hang Trading Company delivered the machine tools conforming to the contract to Lanyue Machinery Company on time, but Lanyue Machinery Company refused to pay. Therefore, there was a dispute between the two parties, and Yuan Hang Trading Company brought a lawsuit to the court. In the process of litigation, () is a civil lawsuit.
A. the people's court informed the insider Zhang to testify in court.
B. Yuan Hang Trading Company's behavior of entrusting lawyers
C. Yuan Hang Trading Company's submission of power of attorney to the court
D. the presiding judge's behavior of reporting the case to the judicial committee
Correct answer: a, c
3. Which of the following cases should be tried by the Civil Procedure Law?
A. Cases of inheriting parents' inheritance
Cases brought for labor contract disputes
C. Voter qualification cases
D cases in which securities are declared invalid shall be settled according to the announcement procedure.
Correct answer: a, b, c, d.
4. Which of the following practices does not conform to the provisions of the Civil Procedure Law on jurisdiction by agreement?
A. the parties to the contract agree to the jurisdiction of the court of second instance.
B. the parties to the contract verbally agree to the jurisdiction of the court.
C. Both parties to the contract have chosen Party A and Party B as the competent courts.
D both parties agree to be under the jurisdiction of the court where the contract is signed.
Correct answer: a, b, c
5. According to the provisions of the Civil Procedure Law on jurisdiction, which of the following civil actions are under the jurisdiction of the people's court of the plaintiff's domicile?
A. Zhang from Tianjin filed a divorce lawsuit against Li who lives in the United States.
B. Wang in Beijing filed a divorce lawsuit against Wang who was declared missing.
C. Sun Mou, Jilin Province filed an infringement lawsuit against Chen Mou who was reeducated through labor.
D. wu v. yang in custody.
Correct answer: a, b, c, d.
6. Kong has two houses in a certain district of a city. During Kong's tour, a construction engineering company located in B District of a city renovated the house of Li, a neighbor of Kong. During the decoration process, the construction workers accidentally knocked off the wall bricks of Kong's house, and the bricks fell into Kong's house, damaging household items such as TV sets. Kong found this situation after returning from a business trip, and the negotiations failed. Kong sued the B District Court and demanded compensation from the construction engineering company. The B District Court decided to transfer the case to the A District Court according to the defendant's application because it was more convenient for the A District Court to hear the case, but the A District Court decided that it was more convenient for the B District Court to hear the case and refused to accept the transfer. Which of the following statements is true?
Both A.a and b have jurisdiction over this case.
B in which court to sue, both parties can agree.
It is wrong for the C.B District Court to transfer jurisdiction.
D. a district court shall not transfer it by itself. If you think that you have no jurisdiction, you should report to the Municipal Intermediate Court for designation of jurisdiction.
Correct answer: a, c, d
7. Cases that can be under the jurisdiction of the people's court of the plaintiff's domicile are
A, one of the husband and wife left the domicile for more than one year, and the other party sued for divorce.
B. In the case of recovery of alimony, several defendants have different residences in the same jurisdiction.
C divorce proceedings brought by non-military personnel against non-civilian military personnel
D. Divorce proceedings brought by China citizens living in China against China citizens living abroad.
Correct answer: a, b, c, d.
8. Sun Hai and Yang Mei, residents of Zone B of H City, bought a cassette gas stove produced by C of A Dahua gas appliance Factory in a shopping mall in Zone D of S City. One day, they took a cassette gas stove to travel to W district of Y province. When cooking with a cassette gas stove, the cassette gas stove exploded and Sun and Yang were injured. Now Sun and Yang want to bring a lawsuit to the court for compensation. Which of the following courts has jurisdiction over this case?
I. People's Court of Zone H and Zone B
People's Court of D District of B.S.
The people's court of district c, province a.
D, y province w district people's court
Correct answer: b, c, D C, d.
9. According to the relevant judicial interpretations in China, what are the correct statements about how to determine the place of performance of the sales contract?
A. If Party A and Party B clearly agree in the contract that Nanshan District of Shenzhen is the place of performance, but later Party B thinks it is more convenient to deliver the goods in Yantian District, so Party A is informed to receive the goods in Yantian District, and Party A agrees to Party B's request to receive Party B's goods in Yantian District, then Yantian District of Shenzhen is the place of performance of the contract.
B. The parties to the sales contract, Party A and Party B, did not explicitly agree on the place of performance in the contract, but agreed on Dongshan District of Guangzhou as the place of delivery, so Dongshan District of Guangzhou is the place of performance of the contract.
C. The parties to the sales contract, Party A and Party B, did not explicitly stipulate the place of performance in the contract, but agreed that Luohu District of Shenzhen is the place where the goods arrived, so Luohu District is the place of performance of the contract.
D. If the parties to the sales contract do not explicitly stipulate the place of performance in the contract, but agree that Haidian District of Beijing is the place of acceptance of the goods, then Haidian District of Beijing is the place of performance of the contract.
Correct answer: a, b
10, the following cases are under the jurisdiction of the intermediate people's court
Dahua company v tianfa company (case of patent infringement dispute)
German B Bohr sued Shengfa Trading Company for breach of contract in China. The subject matter of the case is small and the case is simple.
Company c b registered as a domain name in the name of Company A, and Company A filed a lawsuit against Company B..
D. The High Court of the Court of Appeal did not stipulate Xing Xing's jurisdiction over the publication contract dispute case filed by Blue Sky Publishing House.
Correct answer: a, c, d