2017 Judicial Examination "Paper 3" Multiple Choice Questions

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2. Multiple choice questions

51. Liu, male, 21 years old, suffering from He suffered from intermittent schizophrenia and often caused trouble outside. His parents were very worried about this and sought help from a legal practitioner. Which of the following answers given by the legal worker to Qi’s parents is incorrect:?

A. Qi is a person with limited capacity for civil conduct or no capacity for civil conduct?

B. Qi's parents can apply to the People's Court to declare Qi as a person with limited capacity for civil conduct or a person without capacity for civil conduct. C. After the court declares, Qi no longer has the capacity for civil rights and capacity for civil conduct, and all the acts he performed are no longer valid. Civil legal consequences will occur?

D. Qi will still be regarded as a person with full capacity for civil conduct before the court declares it.

52. A, B, and C each contributed 100,000 yuan, A 60,000 yuan and a 40,000 yuan partnership engaged in the business of auto parts. During this period, due to poor management and management, D had a debt of 100,000 yuan. C then withdrew from the partnership and took out 10,000 yuan for A and B to repay the debt to D. How should Ding recover his debt now?

A. He can ask A, B, and C to repay 50,000 yuan, 30,000 yuan, and 20,000 yuan respectively

B. Only Can require C to repay 10,000 yuan, and recover the rest from A and B

C. Can require only A or only B to repay the entire 100,000 yuan, but cannot require C to repay 100,000 yuan alone

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D. Can demand repayment of 100,000 yuan from any one of A, B, and C

53. Du, 15 years old, has extraordinary intelligence and is a student in the junior class of a certain university of science and technology. All of Du's living expenses and tuition fees were paid for by selling the computer programs he designed and making profits without his parents having to bear them. At a technical achievement exchange meeting, a computer program designed by Du was purchased by a company for 200,000 yuan. Du immediately donated 50,000 yuan of the money to the local social welfare institution. Which statement regarding the validity of Du’s donation is correct:?

A. Du’s behavior is a civil act with undetermined validity?

B. Du’s behavior is a valid civil act Behavior?

C. Is Du’s behavior a revocable civil behavior?

D. Du’s behavior is valid after ratification by his parents

54. Salesperson Zhang was entrusted by Shopping Mall A to purchase 1,500 color TV sets at a price not higher than 2,000 yuan per set. Zhang’s wife works in Bjia Electric Factory. Zhang then negotiated and signed a contract for the purchase and sale of color TVs with Home Appliance Manufacturer B. The contract stipulates that Shopping Mall A purchases 2,000 color TV sets from Home Appliance Factory B at a price of 1,900 yuan each, totaling 3.8 million yuan. Due to Zhang's wife's role in the sales contract, Home Electrical Appliance Factory B gave Zhang a rebate of 100 yuan for each color TV set. Which of the following statements is correct:?

A. Zhang purchased 500 more color TV sets, which is beyond the scope of agency rights and is not an agency. This part of the contract is invalid?

B. Zhang purchased a color TV set at a price of 1,900 yuan, which increased the interests of the agent A’s shopping mall. His agency behavior is not an abuse of agency power

C. Suppose Ruoyi Home Appliance Factory is Zhang’s wife A private enterprise established by Zhang, does Zhang’s behavior constitute his own agency?

D. In this case, Zhang should return the rebate of 200,000 yuan to Mall A

55. An electric power company A transformer managed by the company is located 20 meters away from the road. In order to prevent others from approaching, the power company built a wall to surround the transformer, leaving only a small door for maintenance personnel to enter and exit. A "High Voltage Danger" sign was hung on the door. The lock locked the small door, and the key was held by Lin, the maintenance worker. One day, Lin lost his key, so he had to pry open the lock and enter the wall for inspection. When he left, he closed the door and tied it with iron wire.

The next day, Zhao (11 years old) and four other children broke the wire and entered the fence to play out of curiosity. Unfortunately, Zhao was hit by an electric current and injured. After rescue, both arms were amputated. The correct statement about this case is:

A. The power company should bear all the liability for compensation?

B. The power company should bear most of the compensation for the injury caused by Zhao Should a small part of the responsibility be borne by Zhao’s parents?

C. After the power company assumes the liability for compensation, can it partially recover compensation from Lin?

D. Zhao is at fault for the damage

56. A set of educational software developed by Wantong Company has just come out. Before the software has been registered, a large number of pirated software has appeared on the market. Wantong Company is pursuing legal liability against pirates, but there are several issues that are unclear. Please help it point out the incorrect statements:

A. Unregistered software does not enjoy copyright

B. If a dispute arises over unregistered software, the court will not accept it

C. As long as the conditions for prosecution are met, the court will accept the software dispute

D. You can request The software copyright administrative department handles infringement disputes

57. A company purchased a set of technical data for the production of instant coffee from a multinational company. Due to weak technical strength, it was unable to produce qualified products, so it entered into a dispute with a certain university of science and technology. Sign a technology contract, agreeing that the company will provide the scientific research funds required for technology development, pay 100,000 yuan, and send 5 technical school graduates to assist in the development work, mainly organizing information, purchasing equipment, etc., but what about the developed results? Applying for a patent is not stipulated in the contract. Professor Liu from the Department of Food Engineering and researchers from the Chemistry Laboratory of the University of Science and Technology were responsible for the development work, and finally successfully developed a production method for a new instant coffee product. Which of the following statements are correct:

A. If you apply for a patent, the application rights belong to the company and a certain university of science and technology

B. If you apply for a patent, the application rights belong to a certain university of science and technology

C. If you apply for a patent, the new instant coffee product and the method for producing the product can be filed as one application

D. If you apply for a patent, the new instant coffee product and the method for producing the product can be submitted as one application The method can be submitted as two applications

58. A computer used by private business owner Wang for his office was damaged, so he asked his secretary Zhang to throw it into the garbage station. After moving the computer to the garbage dump, Zhang thought that instead of throwing it away, he would take it home for his son to use, so he moved the computer home and it was repaired and used normally again. After Wang learned that the computer could be used normally, he asked Zhang to return it. Which of the following statements are incorrect?

A. Zhang violated the entrustment contract and could not obtain ownership of the computer

B. Zhang obtained ownership of the computer based on preemption

C. Wang has the right to get the computer back, but he should compensate Zhang

D. Since the abandonment has not yet been completed, Wang can withdraw his expression of intention and take back ownership of the computer

59. A was in urgent need of funds to run a store, so he borrowed 30,000 yuan from the township credit cooperative. The Township Credit Cooperative requires A to use 15,000 yuan of the money to purchase a one-year unregistered certificate of deposit issued by the credit union with bonuses and no interest as a pledge, and the number is registered, but the certificate of deposit is still held by A. Later, A transfers the certificate of deposit to B for cash at a price of 14,500 yuan. After the deposit certificate expired, B took it to the township credit cooperative and asked to cash it. The township credit cooperative believed that it was a pledge of A's loan and refused to cash it. Which of the following statements about the nature and handling of this case are correct?

A. The loan agreement between A and the Township Credit Cooperative is invalid B. The pledge agreement between A and the Township Credit Cooperative is not effective

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C. The act of transferring the deposit certificate between A and B is valid D. The township credit cooperative should cash the deposit certificate to B

60. A and B *** jointly contribute to the establishment of a computer The company is engaged in the retail and wholesale business of computers. When the company was established, A invested 300,000 yuan, and B borrowed 200,000 yuan from the bank and injected it into the computer company's temporary account to make capital. The two parties agreed that the computer company would return the loan to the bank when it expired.

Due to poor market conditions, the computer company has been in sluggish times since its establishment. It later borrowed 500,000 yuan from the bank, but the loan could not be repaid upon expiration. The bank filed a lawsuit. After review by the court, it was found that the company had gone out of business and had not yet applied for legal person status. Cancellation procedures. From whom can the bank ask for debt repayment?

A. The bank can ask the computer company to repay the debt with all its property

B. The bank can ask A to repay the debt within the scope of its capital contribution

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C. The bank can require B to repay debts within the scope of its capital contribution

D. The bank can request either A or B to repay debts

61. The prospectus announcing the issuance of shares by Co., Ltd. omitted the content that Company B, which had defaulted on its huge debt, declared bankruptcy and the huge debt could not be recovered. Securities Company C sold shares for Company A through underwriting. Shortly after the stock was listed, relevant media disclosed the above situation of Company B, causing Company A's stock price to plummet and investors suffered losses. Who should bear these losses of investors?

A. A Co., Ltd.

B. C Securities Company

C. A and C The directors, supervisors, and managers of the company shall be jointly and severally liable for compensation

D. The responsible directors, supervisors, and managers of companies A and C shall be jointly and severally liable for compensation

62. The following regarding stocks Which of the statements about stocks and bonds are correct?

A. Stocks and bonds are both investment securities

B. The law has different conditions for the issuance of stocks and bonds. Requirements

C. Both limited liability companies and joint stock companies can issue stocks and bonds

D. Stocks and bonds are securities

63. Zhang A person holds a bill of exchange. The drawer of the bill is Li, the endorser is Qian, the guarantor is Zhao, and the payer is Wan. The expiration date of the bill is June 10, 2005, May 2005. Wan passed away due to illness on March 28. According to the relevant laws of our country, how can Zhang’s bill rights be protected?

A. Li, Qian and Zhao are jointly and severally liable

B. If Zhang chooses to claim his bill rights only against Li and Qian, he should first claim against Qian and then against Li

C. The bearer can choose to claim only against Li and Qian Qian claimed his bill rights

D. After the bill holder pursued Qian, Qian obtained the same bill rights as Zhang

64. A owes B 5,000 Yuan, B urged many times, but A delayed and refused to pay. Later B sues A and must repay the money within half a month, otherwise he will sue. A immediately sold the only valuable items in his home, a 90% new refrigerator and a color TV, to C, who knew about it, for 150 yuan each, but was discovered by B. Which of the following statements are correct?

A. B can notify A and C in writing to cancel the sales contract

B. If the date of discovery by B is May 1, 2000, Then starting from May 2, 2001, B no longer enjoys the right to rescind

C. If B files a lawsuit in court, A should be the defendant, and the court can add C as the third party

D. If B's ??right of revocation is established, the attorney fees and travel expenses paid by B for this purpose shall be borne by A and C

65. In 2003, A borrowed 3,000 yuan from B, and the IOU stated " The loan period is one year, and the loan will be repaid before October 15th next year." The payment time is "September 20th, Guiwei Year." Later, the two had a dispute over the repayment period. The court found that "September 20, Guiwei Year" was October 15, 2003 AD, so it determined that the repayment period was October 2004. On the 15th. Which rules of contract interpretation did the court apply?

A. Literal interpretation B. Overall interpretation C. Purpose interpretation D. Customary interpretation

66. Wang bought a ticket to take a certain transport The driver of the company's long-distance bus is Qian. The long-distance bus collided with a vehicle driven by Zhu, causing Wang to be injured. It was determined that Zhu was fully responsible for the traffic accident.

Which of the following statements are correct?

A. Wang can request infringement damages from Zhu B. Wang can request breach of contract damages from the transportation company

C. Wang can Ask Qian for infringement damages D. Wang can ask the transportation company for infringement damages

67. In the early morning of March 4, 1992, Wu found a pregnant cow lying in his yard. After careful identification, he was convinced that the cow was not raised by the same villagers, so he tied the cow in his yard and asked people about the owner, but could not find the owner of the cow. Later, when Wu saw that the cow was about to give birth, he carefully raised the cow and added a lot of refined food. The cow had dystocia during childbirth, endangering the lives of both the cow and the calf. A veterinarian was quickly called in to provide diagnosis and treatment, so that the cow could successfully give birth to a calf. Three months later, Yu, a villager from a neighboring village who owned the cow, came to Wu's house and explained to Wu that the cow had been stolen and lost by others, and asked Wu for the cow and calf. Wu claimed that he had spent 100 yuan on feed and 90 yuan on medical expenses to raise cows and calves, and requested compensation from Yu. After hearing this, Yu claimed that 100 yuan could be compensated for the feed cost, but not the medical expenses because the cow was stolen by others and the cow would not have dystocia if it were at home. The two sides continued to argue, and Wu sued on December 23, 1992. As far as this case is concerned, which of the following statements is correct: A. Wu should return the cow and calf to Yu?

B. Wu raised the cow for Yu The behavior is management without cause. Should Yu pay Wu a total of RMB 190 for feed and medical expenses?

C. Wu should return the cow to Yu and the calf to Yu. Owned by Wu?

D. In addition to paying Wu the feed expenses and medical expenses incurred by Wu due to no reason for management, Yu also paid Wu a certain amount of labor remuneration

68. Wang and Zhou signed a written agreement when they got married, stipulating that the property acquired after the marriage would belong to each of them. After Zhou got married, he quit his job and stayed at home to support his parents-in-law and take care of his children. Wang worked out of town for a long time and later lived with Li. After learning about it, Zhou filed a lawsuit with the court for divorce. Which of the following requests by Zhou can be supported by the court?

A. Because he has made more responsibilities for family life, he requested Wang to compensate him

B. Because he devoted himself to the family He is managing his daily life and has not participated in work. He requests the court to confirm that the agreement between the two parties that the income obtained after marriage belongs to each other is unfair and invalid.

C. Due to the difficulty of life after divorce, Wang is asked to provide appropriate help

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D. As a result of Wang’s cohabitation with others, the two parties divorced, and Wang is requested to pay damages

69. Xu who lives in District A of City A and Zheng who lives in District B of the same city A written property leasing contract was signed, stipulating that all of Zheng's mechanical equipment would be used in Areas C and D, and Xu would pay the rent. At the same time, both parties also agreed that if any dispute arises due to the contract, it will be heard by the people's court of any district where both parties are domiciled. Later, a dispute arose between the two parties during the performance of the contract, and Xu filed a lawsuit. So which of the following courts have jurisdiction over this case:?

A.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 the four counties B.C.D.E. Huanyu Company with its business place in County A and Tailong Company with its business place in County B signed a tender in County C A sales contract with an amount of RMB 50,000. The contract stipulates that the pick-up location is Huanyu Company's warehouse in County C; the pick-up method is by the buyer, Tailong Company; the dispute resolution method is arbitration at the D County Arbitration Committee, or litigation in the People's Court of County A or County E. A dispute arose during the performance of the sales contract.

In this case, which of the following methods can Huanyu Company use to resolve the sales contract dispute according to law?

A. Apply to the D County Arbitration Committee for arbitration B. File a lawsuit with the B County People's Court

C. File a lawsuit with the People's Court of County C D. File a lawsuit with the People's Court of County A or County E

71. A manufacturing company advertises that the products it manufactures are of good quality and low price, attracting many consumers to buy its products. Afterwards, many consumers discovered that there were serious problems with the product quality, so many people filed lawsuits with the same court with jurisdiction. So which of the following statements is correct:?

A. This is a necessary** *Should the court consolidate the hearing of the same lawsuit?

B. These consumers can elect a representative to litigate, and all litigation actions of the representative will be effective on the consumers represented?

C. The People's Court believes that the trials can be consolidated, but it still needs the consent of the plaintiff before the trials can be consolidated?

D. These consumers suing can nominate two to five people as litigation representatives to litigate on their behalf

72. Wei Wu, a party in civil litigation, entrusted lawyer Xiao Changjiang to represent him in civil litigation. The power of attorney submitted by Wei Wu to the People's Court stated that Xiao Changjiang's power of attorney was "full agency". According to this power of attorney, Xiao Changjiang acted as the agent. In Wei Wu's lawsuit, what litigation activities are Wei Wu entitled to carry out on behalf of Wei Wu?

A. Provide evidence B. Give up the litigation claim? C. Conduct a court debate D. File an appeal

73 . According to the provisions of the "Civil Procedure Law", the evidence that the People's Court is responsible for investigating and collecting includes:?

A. The parties and their litigation agents cannot collect it themselves

B. The People's Law believes that Is appraisal and inspection required?

C. The evidence provided by the parties is insufficient?

D. The evidence provided by the parties is contradictory and cannot be identified

74. Which of the following defendants can be summoned by the people's court if they refuse to appear in court without justifiable reasons after two summonses?

A. Defendants who have the obligation to support, nurture and support?

B. The defendant who committed the same tort?

C. The defendant in the divorce case?

D. The legal representative of the minor who caused harm to others

75. In October 1996, Xia Jiahua filed a lawsuit with the People's Court of District H, City S, requesting the court to order the defendant Xia Jiaping to pay back the 6,000 yuan in debt. During the litigation process, the two parties reached a settlement agreement: Xia Jiaping repaid Xia Jiahua a one-time debt of 5,000 yuan within 15 days. Xia Jiahua applied to the court to withdraw the lawsuit, and the court ruled to allow it. In this case, what are the legal consequences?

A. The legal relationship in the civil litigation of the case is eliminated?

B. The litigation costs will be borne by Xia Jiahua?

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C. If Xia Jiaping fails to perform the settlement agreement, can Xia Jiahua apply to the court for execution?

D. Under no circumstances can Xia Jiahua sue the court again with the same request

76. For which of the following lawsuits, the court should rule not to accept or dismiss the lawsuit?

A. A sued B to pay the arrears of 30,000 yuan, but the statute of limitations has expired

B. Company A sued Company B for paying rent of 200,000, but Company B’s business license has been revoked

C. A sued Company B for divorce, but the lawsuit was withdrawn during the proceedings. Two months later, A filed for divorce again. But no new circumstances or reasons were proposed

D. A and B have lived together for several years. B once promised in writing to give A a car worth more than 100,000 yuan, but it has not been fulfilled. A sued B for compensation. Automobiles

77. In July 1996, the Maolin County People's Court made a first-instance judgment on the purchase and sale contract dispute between Shengtang Company and Jiyin Company, and determined that the contract signed by the two parties was a valid contract, and Jiyin Company lost the case. The day after the judgment was delivered to both parties, the Maolin County People's Court immediately discovered that the original judgment was wrong and that the purchase and sale contract signed between Shengtang Company and Jiyin Company was actually an invalid contract.

In this case, how should the Maolin County People's Court handle it?

A. Immediately make a ruling, revoke the original judgment, and make a new judgment?

B. Wait for the parties to appeal whether they will appeal. If there is no appeal within the appeal period, the Maolin County People's Court shall handle it in accordance with the trial supervision procedures?

C. If the party appeals within the appeal period, the Maolin County People's Court may file a complaint that the original judgment was erroneous. opinion, and submit it to the People's Court of second instance?

D. If the party concerned appeals within the appeal period, the Maolin County People's Court will submit the case file materials to the People's Court of second instance and will not express any opinion on the judgment of first instance

78. Compared with ordinary procedures and simplified procedures in civil litigation, the characteristics of special civil procedures are:?

A. Special procedures are only applicable to certain non-civil rights dispute cases, that is, they only confirm that a certain What kind of legal facts?

B. There are no plaintiffs and defendants in cases subject to special procedures?

C. All cases heard under special procedures are subject to the first-instance and final hearing system?

D. All trial supervision procedures are not applicable

79. The contract dispute between Zhang Wen of Haidian District and Li Guang of Chongwen District was arbitrated by the Beijing Arbitration Commission and a ruling was made. Zhang Wen believed that Li Guang had concealed evidence from the arbitral tribunal that would affect a fair award, and filed an application to the People's Court to revoke the arbitration award. Which of the following statements is incorrect?

A. The person at Li Guang's place of residence should be The Intermediate People's Court has jurisdiction

B. Zhang Wen shall file an application within 6 months after the expiration of the performance period determined by the arbitration award

C. The People's Court shall not require the arbitral tribunal to re-arbitrate

D. If the People’s Court notifies the arbitral tribunal to re-arbitrate, the arbitral tribunal shall re-arbitrate

80. Hongyun Industrial Company and Tianling Trading Company have a dispute over the purchase and sale contract. Hongyun Company shall The arbitration clause in the contract was submitted to a certain city arbitration committee for arbitration. During the arbitration process, the two parties reconciled on their own, and Hongyun Company withdrew its arbitration application. Afterwards, Tianling Company expressed regret and refused to fulfill the settlement agreement. What legal rights does Hongyun Company have at this time?

A. Apply for arbitration again according to the arbitration clause in the original contract

B. Re-reach an arbitration agreement with Tianling Trading Company and Apply for arbitration accordingly

C. Apply to the People’s Court for execution of the settlement agreement

D. File a lawsuit with the People’s Court