2005-9-19
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I. Single-choice questions, there is only one correct answer out of the options given for each question. Questions 1-50 in this section are worth 1 point each, ***50 points.
1. When Professor A held an academic lecture, he announced the title and price of one of his new books on a posting board outside the auditorium, and told those who were interested in buying it to sign the signature book at the door. Student B did not pay attention to the announcement and signed the book, thinking that it was for signing in. How should B's behavior be determined?
A. B's behavior is presumed to be an expression of intent to buy A's new book
B. B's behavior constitutes a material misunderstanding, and the contract of sale established on this basis can be revoked
C. A's behavior belongs to the offer, and B's behavior belongs to the conditional promise, and a contract of sale is established between the two, but it needs to be confirmed by B
D. B's behavior is not an expression of intent. The contract of sale between A and B was not established
2. A put several boxes of bees under the acacia tree in his yard to collect honey. In B's family to help organize the wedding party C in helping B feed pigs forgot to close the pigsty, the pig rushed into A's yard, knocked over the beehives, so that A's home to visit the Ding was stung, hospitalized and recovered. Which of the following statements is correct?
A. A shall bear full civil liability for the medical expenses of D.
B. B shall bear full civil liability for the medical expenses of D.
C. C shall bear full civil liability for the medical expenses of D.
D. B and C shall bear joint and several liability for the medical expenses of D.
3. A, B, and C live next door to each other in turn. A asks B to pile up building materials in his yard for the purpose of repairing his house, but B refuses. A then proposed to the C in its yard, C asked the A pay 200 yuan, and proposed not more than 20 days, A agreed. In the process of repairing the house, A must carry building materials from the front of B's house, B to stop. In this regard, which of the following statements is incorrect?
A. B does not have the right to refuse to stack building materials in its yard
B. B does not have the right to prevent A through its door to carry building materials
C. A should be agreed to pay the C occupation fee
D. If the building materials piled up more than 20 days, C has the right to require A to clean up the site
4. A renovation company owes 50,000 yuan of building materials shopping malls, B shopping malls need to pay the A company renovation fee of 20,000 yuan. A company owes the money has expired, the B shopping mall owes the fee has passed the statute of limitations, the company wants to renovation fee against the payment. Which of the following statements is correct?
A. Company A has the right to claim set-off
B. Company A claims set-off, subject to the consent of the B shopping mall
C. The two sides of the nature of the debt is different, shall not be set off
D. B shopping mall debt has passed the statute of limitations, shall not be set off
5. A operating the Jinshan Hotel, customers, the neighboring Silver Sea Hotel is operated by the B business, business is slow. B instructed dozens of people into the Jinshan Hotel, 2-3 people to occupy a table, each table only spend more than 10 yuan. Jinshan Hotel, customers see no empty table, then turn to the nearby Silver Sea Hotel. So a few days, the silver sea hotel revenue increased greatly. How should B's behavior be characterized?
A. Negligent contracting
B. Fraud
C. Unjust enrichment
D. Unfair competition
6. A in the hotel operated by the B meal drinking excessively, and refused to pay for the meal, B do not know the identity of the A and where to go. A sobered up and returned to the hotel to retrieve the forgotten coat, B refused to return it on the grounds that A had not paid for the meal. How should B's behavior be characterized?
A. Exercise of the defense of simultaneous performance
B. Exercise of the defense of insecurity
C. Self-help
D. Tort
7. A lost a camera, B picked up and put in a desk drawer, and posted a notice of claim. C stole the camera, sold it to the unknowing Ding, Ding pledged to E. The camera was sold to the unknowing Ding. Which of the following statements is not correct?
A. B's possession of the camera belongs to possession without right
B. C's possession of the camera belongs to the possession of his master
C. D's possession of the camera belongs to the possession of the autonomous
D. E's possession of the camera belongs to the possession of the direct
8. A performance company and the "Blackbeard" four-member singing group entered into a contract with the "Blackbeard". A performance company and the "black beard" four singing group entered into a performance contract, agreed by the group in a party to sing 2-3 self-made songs, 20,000 yuan for each song. What type of debt relationship was established?
A. Specific debt
B. Single debt
C. Choice of debt
D. Statutory debt
9. A owed B 10,000 yuan due. April 2003, A learned that B is ready to sue for money, it will be worth 30,000 yuan of all the property sold to 10,000 yuan to know that it owes the B payment of money to the C, agreed to pay for the period of The agreed payment period was the end of 2004. B learned of this in May 2003 and decided in July 2004 to file a lawsuit in court. Which of the following claims made by B can be supported by the court?
A. To request the court to declare the behavior of A and C invalid
B. To request the court to revoke the behavior of A and C
C. To request the court to exercise A's 10,000 yuan claim on C in his own name
D. To request C to bear the responsibility for the infringement of the rights and interests of the people
10. In which of the following situations does B constitute an unjustified enrichment?
A.A owed B 500 yuan, C in the case of A did not know voluntarily on behalf of repayment
B.A new campus of the University of A, a local resident of B's house appreciated significantly
C.A found 100 yuan to pay off the debt owed to B
D.A hired people to plow the field, the hired laborers mistakenly plowing the field of B's several acres of land to be plowed
11. On June 5, Company A requested Company B to purchase a machine tool by fax, and asked for an "immediate response". Company B on the same day replied "received the fax". 10 June, the company called to ask, company B said it agreed to sell according to the company's offer, to come to sign the contract on June 15. 15 June, company A to sign, company B asked to increase the price of the price, did not agree to, company B then refused to sign. Which of the following statements is correct in this regard?
A. The contract of sale was established on June 5
B. The contract of sale was established on June 10
C. The contract of sale was established on June 15
D. Company A has the right to hold Company B liable for contracting negligence
12. A and B have a house in 20% and 80% shares***. They rent the house to C, who sublets it to D with the consent of A and B. A wants to assign his share. Now A wants to transfer his share. Which of the following statements is correct?
A. B and C have the right of first refusal, and D has no right of first refusal
B. B and D have the right of first refusal, and C has no right of first refusal
C. B, C, and D all have the right of first refusal
D. C and D have the right of first refusal, and B has no right of first refusal
13. A shopping mall puts up a conspicuous notice during the promotional campaign: "All home appliances in this mall will be tried for 20 days, and those who are satisfied will pay." Wang moved back a refrigerator from the mall and returned it after the trial period, and the mall demanded that he pay a usage fee of 100 yuan. Which of the following statements is correct?
A. Wang should not pay the royalty because there is no agreement on the royalty
B. Wang should pay the royalty because his behavior constitutes unjust enrichment
C. Wang should pay the royalty discounted according to the average life span of the refrigerator
D. Wang should share with the mall the royalty discounted according to the average life span of the refrigerator
14. A's A cow was lost and B took it back to his barn to look for the owner the next day. That night the barn was blown down by a typhoon and the cow was crushed to death. B sells the beef and the hide of the cow for 500 yuan and 100 yuan each. He hired someone to slaughter and sell them and spent $100. Which of the following statements is correct?
A. A has the right to demand that B return an identical cow
B. A has the right to demand that B return $500
C. A has the right to demand that B return $600
D. A has the right to demand that B compensate B for $1000 at the market value of the cow
15. Company A was granted a design patent in 2000. Company B manufactures the patented product for the purpose of production and business without Company A's permission. Company C without the permission of Company A for the purpose of production and management of the following acts, which constitutes infringement of the patent?
A. Using the patented product manufactured by Company B
B. Selling the patented product manufactured by Company B
C. Promising to sell the patented product manufactured by Company B
D. Using the patented product manufactured by Company A
16. Website A and Record Company B entered into a contract of licensing the right to disseminate the sound recordings on the information network. After paying the remuneration as agreed, it started the business of downloading original music online. How should the behavior of website A be characterized?
A. Legal use
B. Infringement, because the act should obtain the permission of the copyright owner, not the producer of the sound recording
C. Infringement, because the act must also obtain the permission of the copyright owner, the performer, and the payment of remuneration
D. Infringement, because the act does not need to obtain the permission of the copyright owner, but must obtain the permission of the copyright owner, but must pay the remuneration
D. Infringement, because the act does not need to obtain the permission of the copyright owner, but must pay the remuneration
D. Infringement, because the act must not obtain the permission of the copyright owner. D. Infringement, because although the act does not require the permission of the copyright owner, it must obtain the permission of the performer
17. An opera house purchased a number of licensed karaoke CDs and used them directly in its business activities without anyone's permission. How should the act of the karaoke hall be characterized?
A. Legal Use
B. Fair Use
C. Legal License
D. Infringement
18. A TV actor became famous for a children's TV series, and a company used a large number of promotional posters bearing the actor's image on the packaging and decorations of children's products, such as toys, schoolbags, and stationery, without the actor's permission. How should the company's behavior be characterized?
A. Infringement of the producer's right of publication
B. Infringement of the actor's performer's right
C. Infringement of the actor's right of portrait
D. Infringement of the actor's right of reproduction
19. A acted as a model for a photographer, B. The two parties did not make any agreement on the publication and use of the photos. Later, B published the nude photos of A in the form of body art photos, which caused A to be criticized by his friends and relatives. Which of the following statements is correct?
A. B's publication of the photographs infringes on A's right to privacy
B. B's publication of the photographs has obtained A's implied consent, and does not constitute an infringement of the right to privacy
C. A is the co-author of the photographs, and B's publication of the photographs should be paid
D. B is the owner of the photographs, and the publication of the photographs is a legitimate exercise of the right to copyright
20. A thief uses the security net illegally installed by the first-floor tenant A to enter the interior of the second-floor tenant B and injures B in the process of stealing. Which of the following statements is correct?
A. The thief and A should be jointly and severally liable for B's personal injury
B. The thief can only be held liable for B's personal injury
C. A and the thief should each be held liable according to the size of their faults
D. The thief should be held liable for B's personal injury, and A should bear the responsibility for the shortfall
21. A driving a car (insured) at normal speed, suddenly encountered pedestrian B crossing the highway at the non-sidewalk, A emergency braking, but still hit him. The insurance company in the motor vehicle compulsory third-party liability insurance liability limit on B after the payment of insurance benefits, B still have part of the damage has not been compensated. Which of the following statements is correct regarding the responsibility for the cost of this part of the damages?
A. by the insurance company to assume responsibility for compensation
B. by B to assume
C. by A to assume partial responsibility for compensation
D. by A to assume full responsibility for compensation
22. A, B in the train, A afraid of their own to the station did not wake up, requesting that B in the A station to wake up to get off the train, B readily agreed. When the train arrived at station A, A sleep, B also did not wake up. A failed to get off the train at station A in time and incurred additional expenses. A asks B to compensate for the loss. How should this be handled?
A. B is liable for breach of contract
B. B is liable in tort
C. B is liable for negligence
D. A is liable for its own damages
23. Liu, Guan, and Zhang agreed to set up a limited company with a capital of 400,000 yuan each, and because Liu only had 200,000 yuan, he agreed with Zhang that Zhang would advance 200,000 yuan for his capital. When the company was established, Zhang to 400,000 yuan worth of housing appraisal of 600,000 yuan fraudulent capital inspection. Later, creditors discovered that Company A's registered capital was inaccurate. Company A owes 200,000 yuan of capital contribution should be how to make up?
A. Liu should pay 200,000 yuan, Zhang and Guan are jointly and severally liable
B. Zhang should pay 200,000 yuan, Liu and Guan are jointly and severally liable
C. Liu and Zhang should pay 100,000 yuan each, Guan is jointly and severally liable
D. Liu and Guan should pay 100,000 yuan each, and Zhang is jointly and severally liable
24. The shareholders' meeting of a limited liability company decides to dissolve the company. Which of the following actions taken by the shareholders' meeting and the liquidation group does not violate the provisions of China's laws?
A. The shareholders' meeting selected shareholder A, shareholder B and shareholder C to form a liquidation group, and did not adopt shareholder D's proposal to absorb a lawyer to participate in the liquidation group
B. On the day following the establishment of the liquidation group, it notified all the creditors of the dissolution of the company and issued a public announcement, and all the creditors declared their claims within one week, and then the liquidation group issued another final announcement in the newspaper
C. In the liquidation of the company, it was decided that the company should be dissolved, but the liquidation group was not allowed to do so. p>C. In the process of cleaning up the company's property, the liquidation group found that the equipment depreciation, the income from the realization of only 75% of the debt, so with the creditors to reach an agreement: the remaining debt to be transferred to the shareholders of the A is responsible for the repayment of the liquidation to continue to proceed
D. In the preparation of the liquidation plan, the liquidation group agreed with the Employee Representative Council decided to the company all the employees of the housing preferential sale to the employees, and allowed to use some of the purchase price payable offset against the wages and labor insurance costs owed by the company to its employees.
25. The articles of association of Company A stipulate that the chairman of the board of directors shall not dispose of the company's assets without the authorization of the shareholders' meeting and shall not enter into non-operating contracts in the name of the company. One day, the chairman of the board of directors RenMou see WangMou drive a new BMW car, so decided to ride their own company old Mercedes-Benz car with Wang swap, and for the vehicle transfer procedures. Which of the following statements is correct about Ren's car-swapping behavior?
A. Disposal of company assets in violation of the company's articles of association, its behavior is invalid
B. Violation of the company's articles of association to engage in non-business transactions, its behavior is invalid
C. Did not violate the company's articles of association, its behavior is valid
D. Regardless of whether or not the violation of the company's articles of association, as long as Wang has no malicious intent, the act is valid
26. A city state-owned assets A city's state-owned assets management department decided to A, B two wholly state-owned companies, the merger of the establishment of a limited liability company, after the merger of a limited liability company is still using the original company's name, the merger has been approved by the relevant departments want to apply for business registration. Which of the following types of registration is the business registration of A Company Limited by Shares?
A. Merger registration
B. Establishment registration
C. Change registration
D. Cancellation registration
27. A company applied for the issuance of $50 million of bonds two years ago, and because of the underwriters, the remaining $5 million has not been issued. Now that the company has paid off the principal and interest on the bonds it has issued and doubled its net worth, it wants to apply to issue another $50 million of bonds. Can the company's application be approved?
A. Approval can be granted
B. Approval can be granted if the current 50 million yuan includes the last balance of 5 million yuan
C. Approval should not be granted
D. Approval can be granted if the company changes the underwriter of the bonds
28. Company A (the Chinese side) and a company B (the foreign side) to set up a Sino-foreign cooperative enterprise in Shenzhen *** with. A lawyer was hired for both sides to draft a "cooperative business contract". Which of the following contract terms drafted by the lawyer violates the provisions of Chinese law?
A. Without the consent of the other party, neither party may transfer some or all of the rights and obligations of the cooperation contract
B. The chairman and vice chairman of the cooperative enterprise by the Chinese side, the general manager and deputy general manager by the foreign party
C. The cooperative enterprise's financial accounting books can only be located in China
D. The profits of the cooperative enterprise by the foreign side first D. The profits of the cooperative enterprise shall be recovered by the foreign party first, and the fixed assets of the enterprise shall be returned to the Chinese party at the end of the cooperation period
29. Partner A has a share of 150,000 yuan in the partnership, and 30,000 yuan in profits to be distributed. A is unable to repay its liabilities to a third party B 200,000 yuan, B requested the enforcement of A's property in the partnership. Which of the following statements is correct in this regard?
A. B may request enforcement only in respect of the 150,000 yuan share
B. B may request enforcement only in respect of the 30,000 yuan of profit to be distributed
C. B may request enforcement in respect of both the 150,000 yuan share and the 30,000 yuan of profit to be distributed
D. B may request enforcement in respect of both the 150,000 yuan share and the 30,000 yuan of profit to be distributed, provided that deduction is made for the amount of the 150,000 yuan share and the 30,000 yuan of profit to be distributed. A in the partnership should be liable for the share of the debt
30.A to the husband and wife **** have the office building as a capital investment to set up a sole proprietorship. After the establishment of the enterprise, his wife B purchase sports lottery won 1 million yuan, and then filed for divorce with A. During the divorce proceedings, A's sole proprietorship was dissolved, still owed 1.2 million yuan of bank debt. How should the liability for this debt be determined?
A. A is unlimitedly liable to the bank for his share of the family ****owned property
B. A is unlimitedly liable for the family ****owned property, except for the 1 million yuan won by B
C. A is unlimitedly liable for all of the family ****owned property including the 1 million yuan won by B
D. A is liable to the bank for the office building only Liability to the bank
31. A picked up a bank issued a cashier's check for 5,000 yuan, and the cashier's check endorsed to his girlfriend B as a birthday gift, B do not know that the cashier's check is picked up by the A, the bank on schedule with a request for payment. Assuming that the bank knows that the cashier's check was picked up by A and given to B, which of the following statements is correct with respect to B's request for payment?
A. According to the principle of non-causality of the instrument, the bank should pay
B. B obtains the promissory note without consideration, and the bank may refuse to pay
C. Although it is unlawful for A to obtain the promissory note, the bank should pay because of the lack of knowledge on the part of B
D. It is unlawful for A to obtain the promissory note and B obtains the promissory note without consideration, and the bank may refuse to pay
32. Company B and company C transactions with a bill of exchange to pay. Company C to see the bill of exchange for the drawer of the company A, and then asked company B to provide security, company B asked the company D for the bill of exchange for the guarantee, D in the bill of exchange endorsement column endorsement "if the company A draws a true, the company is willing to ensure." Later, it was realized that Company A did not actually exist. What is the responsibility of the company for the bill of exchange?
A. should bear some liability
B. only general guarantee liability, not bear the note guarantee liability
C. should bear the note guarantee liability
D. do not bear any responsibility
33. A coal mine has a general claim of 400,000 yuan of the B steel mill, the B steel mill was declared bankruptcy, the liquidation group found that the A coal mine still owes the B steel mill 200,000 yuan of freight unpaid. The liquidation group finds that A coal mine owes B steel mill 200,000 yuan in unpaid freight charges. The liquidation group expects the liquidation rate to be 50%. Coal Mine A requests to set off the debt. At the meeting of creditors, there is a dispute over the claim of A coal mine. Which of the following arguments is correct?
A. Coal Mine A can set off $200,000 of debt and have a $100,000 bankruptcy claim after the setoff
B. Coal Mine A can set off $200,000 of debt and have a $200,000 bankruptcy claim after the setoff
C. Coal Mine A must repay $200,000 of debt and have a $400,000 bankruptcy claim after the setoff
D. Coal Mine A is not required to Coal Mine A must repay $200,000 of debt and has no bankruptcy claim
D.Coal Mine A does not have to repay its debt after the set-off and does not have a bankruptcy claim
34. Company A commissions Ocean Freight Company B to transport a shipment of foodstuffs and a large piece of equipment to Europe, and agrees that the equipment can be loaded on the deck. Company A asked shipping company B to set sail on the same day, and shipping company B told it that it could set sail, but it was too late for a seaworthiness inspection. It then set sail for the sea. Which of the following is the shipping company B liable for the loss incurred during the voyage?
A. Large equipment loaded on the deck fell into the sea due to a storm
B. Company A was damaged by the delay in delivery due to the delay in rescuing lives on the way to the voyage
C. Two cases of food fell into the water due to the carelessness of the shipping company's staff in unloading the cargo
D. The cargo compartment was flooded due to the screws in the cabin loosening during the storm. Flooded 2/3 of the foodstuffs
35.A court issued a judgment in the case of a lease contract dispute between A and B. None of the parties appealed during the appeal period. The court later found that the judgment had mistakenly written the amount of rent paid, 10,000 yuan, as 1,000 yuan. How should the court deal with this?
A. Make a decision to correct the error and serve the parties
B. Notify the withdrawal of the judgment, and re-create the judgment
C. The President of the Trial Committee to submit to the discussion of the decision of the trial committee to re-trial
D. Decide to revoke the judgment, and re-creating
36. According to the provisions of the Civil Procedure Law of China and the relevant judicial interpretations, the following Which statement on the issue of jurisdiction is wrong?
A. Cases to which the supervisory procedure applies can only be under the jurisdiction of the Basic People's Court
B. According to the authority of hierarchical jurisdiction, the Higher People's Court has the right to take jurisdiction over the cases of the first instance which it thinks should be under its jurisdiction
C. Agreement on jurisdiction cannot change the hierarchical jurisdiction
D. Disputes over immovable property in foreign-related civil litigation shall be under the jurisdiction of the court of the location of the real estate
D. The court of the location of the real estate in foreign-related civil litigation is the court of the place of the real estate
D. p>37. The Civil Procedure Law stipulates that the people's procuratorate has the right to carry out legal supervision of civil trial activities. Which of the following situations belongs to the scope of the people's procuratorate to carry out civil procuratorial supervision?
A. Juror Ding accepted a gift of 1,000 yuan from a party during the trial of a contract dispute case
B. Witness Ma accepted a gift of 2,000 yuan from a party and gave testimony in favor of that party
C. Judge Zhou provided the arbitrator with advice on an arbitration case in favor of the party to the case, Red Star Company, which paid 6,000 yuan to Judge Zhou in the name of consulting fees. Judge Zhou was paid 6,000 yuan in the name of consulting fees
D. Judge Chen has long been a free legal adviser for a company
38. Which of the following civil rulings and decisions made by the People's Court is not subject to reconsideration by the parties concerned?
A. Decision on prior enforcement
B. Decision on disqualification
C. Decision on jurisdictional objections
D. Decision on fines
39. The case of contractual dispute between A v. B was heard by the court of the first and the second instance, and A won the case. B applied for retrial and the court decided to retry the case after review. During the retrial, B filed a counterclaim. How should the court deal with this?
A. Consolidate B's counterclaim with A's present claim
B. Decide to reject B's counterclaim
C. Decide to reject B's counterclaim
D. Conduct mediation on the counterclaim, and if mediation is not possible, inform B to file a separate lawsuit
40. Which of the following is in accordance with the legal provisions of the public notice procedure?
A. The public notice procedure applies only to the Basic People's Court
B. The public notice procedure applies only to the public notice of various instruments
C. The exclusion judgment shall declare whether the instrument is invalid or not
D. The party who is not satisfied with the court's exclusion judgment can file an appeal
41. The Procuratorate of A Municipality of a certain province, based on the complaint of a party The Procuratorate of City A of a certain province, on the basis of a complaint by a party, found that the judgment of second instance issued by the Intermediate Court of City A was indeed erroneous in its application of law. In this case, what should the A Municipal Procuratorate do?
A. Only inform the party concerned to apply to the court for a retrial
B. File a protest with the Intermediate Court of A City
C. File a protest with the Court of First Instance
D. Submit a protest to the prosecutor's office of the next higher level
42. In the course of the trial of a civil case, one of the plaintiffs, because of the unavailability of the evidence stored as archive material in a certain unit How should the examination of this evidence in the trial be conducted?
A. The plaintiff and the defendant should be cross-examined
B. The defendant should be cross-examined with the court
C. The defendant should be cross-examined with the unit where the evidence is kept
D. The court should explain the evidence without the need to be cross-examined
43. A filed a claim for damages to the property of the B, and the court of first instance ruled in favor of A. B appealed the judgment. B appealed. The court of second instance found that C was a *** co-litigant who had to participate in the lawsuit, so it added him to the lawsuit. However, C neither participated in the proceedings nor waived his rights. Under these circumstances, what should the court of second instance do?
A. still listed as a party to the second trial, according to the law to make a judgment
B. still listed as a party to the second trial, may be absentee judgment
C. can not be listed as a party to the second trial, but can be directly on the basis of the appellant's request to make a judgment
D. can not be listed as a party to the second trial, can be decided to set aside the original judgment, the court of origin back to Retrial
44.A v. B infringement of the case by the Eastern District Court of a city of the first instance, the judgment that B compensation for A 60,000 yuan. B appealed to the Intermediate Court of the city, and the court of second instance rejected B's appeal. B lives in the southern district of the city and has no valuable property at home, but he has 50,000 yuan worth of goods in the marketplace in the western district of the city. Which of the following courts should A apply for enforcement?
A. The Eastern District Court of the city
B. The Southern District Court of the city
C. The Western District Court of the city
D. The Intermediate Court of the city
45. A filed a lawsuit against B for dissolution of the adoptive relationship between B and A, and the court of first instance dismissed the lawsuit. A appealed against the decision. The day before the second instance court hearing, A died in an accident. What should the court do about this?
A. The court of first instance decides to end the proceedings
B. The court of first instance decides to dismiss the appeal
C. The court of second instance decides to dismiss the appeal
D. The court of second instance decides to end the proceedings
46. A was declared a martyr by his former workplace, and the newspaper publicized A's deeds. B went around spreading remarks to disparage A. Who can bring an action for moral damages in court against B's behavior?
A.A's former work unit
B.A's children
C.A newspaper that publicized A's deeds
D.A provincial government that approved A as a martyr
47.A company in China had a dispute over a purchase and sale contract with a company in a certain country, and in the course of arbitration in China, the company applied for property preservation, which means that it requested to seize a number of machines and equipments of the company in a certain port. A group of machinery and equipment in a port. How should the Arbitration Commission deal with this application?
A. It shall not accept the application and inform the parties to apply directly to the relevant court
B. It shall make a decision on property preservation directly after examination, which shall be enforced by the relevant court
C. It shall submit the application of Company B to the intermediate court of the place where Company A is located to decide on the application
D. It shall submit the application of Company B to the basic court of the place where the machines and equipments are located to decide on the application
48. Which of the following statements about witnesses and witness testimony is false?
A. Anyone who has knowledge of the case is obliged to testify in court
B. A party applying for a witness to testify in court should be licensed by the people's court
C. A person who is related to one of the parties cannot be a witness
D. A person who is incapable of litigation can be a witness under certain circumstances
49. An arbitration institution After ruling on a contract dispute between Company A and Company B, Company B does not fulfill the arbitral award. Company A applied to the court for enforcement and Company B applied to the court for a ruling of non-enforcement. Upon examination, the court held that Company B's application was justified and ruled that the arbitral award should not be enforced. Which of the following statements is correct in this regard?
A. Company A may seek review of the court's decision once
B. Company A and Company B may re-enter into an arbitration agreement to apply for arbitration
C. Company A and Company B may apply for arbitration in accordance with the original arbitration agreement
D. The parties shall not re-enter into an arbitration agreement in respect of the dispute, and the case may only be brought to the court
50.Sifang Company and Haitong Company litigated over a contract dispute, and the first instance judgment was in favor of Haitong Company. Sifang appealed the judgment. In the second trial proceedings, Haitong Company was separated into Seagull Company and Ocean Company. In this case, what should the court of second instance do?
A. Remand the case to the trial court for retrial
B. List Seagull and Ocean as *** co-litigants, mediate, mediation fails, remand for retrial
C. List Seagull and Ocean as *** co-litigants, mediate or judgment, no need to remand
D. Still list Seapass as a party to mediation or judgment, enforcement proceedings, and then remand the case to the second trial court. Mediation or judgment, the enforcement procedures and then ruled that the seagull company and the ocean company as the executor
Two, multiple-choice questions, each question given options have two or more correct answers, less or more answers are not scored. Questions 51-80 in this section are worth 2 points each, ***60 points.
51.Which of the following statements about corporate bodies is correct?
A. Organs of a legal person have no independent personality
B. A consortium of persons does not have its own organs of meaning
C. Branches of a legal person are a kind of organs of a legal person
D. Supervisory organs are not mandatory organs of a legal person
52. Which of the following options are fruits in civil law?
A. Rent from leasing counters
B. Ripe fruit from fruit trees
C. Fetus in the womb of an animal
D. Lottery winnings
53. A commissioned B to go to the C factory to purchase men's clothing, B felt that the market for women's clothing produced by the C is good, then they took it upon themselves to order in the name of the A C. The A is not asked for the authority to act as an agent. C did not ask B's agency authority, they entered into a contract of sale. Which of the following statements is correct?
A. A has the right to recognize
B. C has the right to call
C. C has the right to revoke
D. Constitutes a representation
54. 2003 A borrowed 3,000 yuan from B, the loan has "one year, next year, before October 15 repayment," the words. The time of payment is "the twentieth day of September in the year deciwei". Later, the two disputed over the repayment period, and the court found that "September 20, 2003" was October 15, 2003, so the repayment period was October 15, 2004, and the court held that the repayment period was October 15, 2004. Which rules of contract interpretation did the court apply?
A. Textual Interpretation
B. Integral Interpretation
C. Purpose Interpretation
D. Customary Interpretation
55. A borrowed a color TV from B on February 3rd, and B borrowed a cell phone from A on February 6th. When it expired, A did not return the color TV to B, and B therefore refused to return the cell phone to A as well. Which of the following statements is false regarding B's behavior?
A. Exercise of the defense of simultaneous performance
B. Exercise of the defense of insecurity
C. Exercise of the right of lien
D. Exercise of the right of set-off
56. A and B reach an agreement that A will provide a house to B to live in free of charge, and that B will teach A's daughter the piano free of charge. Which of the following statements is true of this agreement?
A. It is a nameless contract
B. It is a practical contract
C. The provisions of the General Principles of the Contract Law should be applied
D. The provisions of the Contract Law on the leasing contract can be applied with reference to the contract law
57. In accordance with the Guarantee Law of the Chinese People's Republic of China and the Interpretation on the Application of Certain Issues by the Supreme People's Court. What is the statutory guarantee period for joint and several liability guarantee?
A. Limitation period
B. Exclusion period
C. Variable period
D. Non-variable period
58. Which of the following is true about the right of formation in civil rights?
A. Formative rights can only be exercised by express means
B. The relator's right to call in a contract of lis pendens is not a formative right
C. The creditor's right of avoidance is a formative right
D. Formative rights are not subject to the period of limitation of lawsuits
59. In July, 1999, A discovered that B had made an illegal copy of his work, but failed to stop the copying. On May 8, 2004, A found that B had not stopped the copying, so he sued the court, demanding B to stop the infringement and compensate for the loss. Which of the following statements is correct in this regard?
A. The court should accept A's lawsuit
B. A's lawsuit has already passed the statute of limitations and should be rejected
C. The court should decide that B should stop the infringing behavior
D. The amount of damages that A should get should be calculated two years from May 8, 2004
60. A foreign-funded enterprise owns the trademark "Raindrop" and the goods used are beer. The trademark has not been registered in China, but has been recognized as a well-known trademark by the relevant authorities in China. Which of the following requests of the foreign enterprise should be supported?
A. Request to prohibit Company A from registering the trademark "Raindrop" on wine
B. Request to prohibit Company B from using the trademark "Raindrop" on wine
C. Request to prohibit Company C from registering the trademark "Raindrop" on wine
C. Request to prohibit Company C from registering the trademark "Raindrop" on wine
C. Request to prohibit Company C from using the trademark "Raindrop" on beer. C. Requesting Company C to prohibit Company C from using the trademark "Raindrop" on beer
D. Requesting Company D, which has already used the trademark "Raindrop" on beer, to pay compensation for the loss
61. Factory A of City A, which is the trademark registrant of a certain kind of beverage, has specifically stipulated in the trademark licensing contract with Factory B of City B, that it will use the trademark "Raindrop" for a certain kind of beverage, and will not use the trademark for the same purpose. Trademark license contract with the B factory, specifically agreed that the B factory to use the A manufacturer label of the beverage all use the A factory bottles, the bottles are marked only the name and origin of the A factory. The contract was not reported to the Trademark Office for recordation. Which of the following statements is correct?
A. The trademark license contract is invalid
B. The special agreement is invalid
C. Factory B to make