2013 Judicial Examination Real Questions "Paper 3" - Multiple Choice Questions

2013 National Judicial Examination "Test Paper 3" Real Questions

Tips: This test paper is a multiple-choice question and is read by a computer. Please fill in your chosen answers on the answer sheet. Do not answer directly on the paper.

1. Multiple choice questions. There is only one correct answer among the options set for each question, and no points will be awarded for multiple choices, wrong choices, or no choices. This section contains questions 1-50, each question is worth 1 point, and the total score is 50 points.

1. Here are four cases: ① Zhang was driving illegally and had a traffic accident, causing the hitchhiker Li to become disabled; ② Tang died due to an avalanche while participating in a self-help mountain climbing activity organized by Wang; ③ Wu and others Bet on heavy lifting and become disabled due to excessive force; ④ He was in a bad mood and invited his friend Zheng to drink. After drinking, Zheng drove his car and hit a tree and died. According to the concept of the rule of law of fairness and justice and the relevant provisions of the civil law, which of the following views can be established?

A. ① Zhang and Li have not reached an agreement on the civil legal relationship. If Zhang is allowed to bear the liability for compensation, it is a punishment. It is obviously inappropriate to promote good and evil

B.②Tang should bear the risk at his own risk. It would be unfair to let Wang bear the liability for compensation

C.③Wu has complete meaning He has the ability to bear his own losses and is clear about right and wrong

D. ④ Although He was summoned but did not persuade him to drink, he does not need to bear responsibility. Only by taking into account legal principles and rationality

2. Regarding guardianship, the following Which statement is correct?

A. A entrusts the hospital to take care of his mentally ill spouse B, and the hospital is the entrusted guardian

B. While A’s youngest son B is in boarding kindergarten, All of A's guardianship responsibilities are transferred to the kindergarten

C. After A loses her husband and remarries with her young son B, B's grandfather has the right to ask the court to confirm that he is B's legal guardian

D. Citizen A and B's son C is 5 years old. After A and B divorce, there is a dispute over who should be C's guardian. The residents' committee of C's place of residence has the right to designate

3. In which of the following circumstances does A not constitute coercion to B?

A. A said that if he does not lend 10,000 yuan, he will report B for committing a crime. B complied, and later it was found that B had committed a crime

B. A said that if he did not sell the Tibetan mastiff to A, he would report B's crime. B complied, and it was later verified that B did not commit a crime

C. A said that if he did not buy A’s car that was about to be scrapped, B’s personal privacy would be disclosed. B complies

D. A says that if B does not compensate B for the medical expenses of hitting A and injuring A, then he will report B for drunk driving. B complied, and A received medical expenses and consolation money

4. A used the forged official seal of Company B to sign an edible oil sales contract with the unknowing Company C in the name of Company B, passing it off as good quality, and passing off the inferior quality. Edible oil is sold to Company C. The contract did not provide for an arbitration clause. Regarding this contract, which of the following statements is correct?

A. If Company B ratifies it, Company C has the right to notify Company B to revoke it

B. If Company B ratifies it, then Company C has the right to request the court to revoke

C. Regardless of whether Company B ratifies or not, Company C has the right to notify Company B to revoke

D. Regardless of whether Company B ratifies or not, Company C has the right to The right to require Company B to perform

5. Company A signed a loan contract with Bank B, and the loan period was from March 25, 2010 to March 24, 2011. Bank B did not claim any claim against Company A until April 15, 2013, when Bank B transferred the claim to Company C and notified Company A. On May 16, 2013, Company D purchased and took over Company A through public bidding.

Which of the following options is correct?

A. Because Bank B notified Company A of the transfer of its creditor's rights, Company A is not allowed to assert a statute of limitations defense against Company C

B. Company A The statute of limitations for debts will be suspended from April 15, 2013

C. The statute of limitations for Ding Company’s debts will be suspended from May 16, 2013

D. Ding Company has the right Claiming a defense against the statute of limitations against Company C

6. A, B and C signed a partnership break-up agreement in March 2012, stipulating that the partnership house registered in the name of C will be owned by A and B***. Hou C failed to fulfill the agreement. In August of the same year, the court ruled that C should go through the transfer procedures for the house, but C has not yet done so. In September, C died and Ding was his heir. In December, Ding donated the house to his girlfriend E and notarized the donation contract. Which of the following statements is correct?

A. In March 2012, A and B owned a house in mortgage shares ***

B. In August 2012, A and B mortgaged *** has a house

C. In September 2012, Ding was the owner of the house

D. In December 2012, E was the owner of the house

7. Company A provides guarantee for Company B’s bank loan of 1 million yuan, and Company B pledges its 1 million yuan claim against Company C based on the supply contract signed with Company C to Company A as a counter guarantee. Which of the following statements is correct?

A. If Company B repays the loan to the bank as agreed, Company A’s creditor’s right of pledge has not been extinguished

B. If Company A, Company B transfers the pledged creditor's rights to Company D but fails to notify Company C, then Company D can claim the creditor's rights against Company C

C. Company A can agree with Company B when establishing the creditor's rights pledge, such as If the company fails to repay the bank loan at the expiration date, the pledged creditor's rights will belong to Company A

D. If Company B notifies Company C of the fact that the creditor's rights are pledged, Company C can claim against Company A that it is based on the pledge of creditor's rights. The defense against Company B arising from the goods contract

8. Company A has established a pledge right for Company B with its machinery and equipment. Ten days later, Company C borrowed 1 million yuan from the bank, and Company A mortgaged the machinery and equipment to the bank, guaranteeing a loan of 400,000 yuan, but did not go through the mortgage registration. At the same time, Company C mortgaged its own property to the bank to guarantee the remaining 600,000 yuan loan and went through the mortgage registration. After the 20th, A re-mortgaged the machinery and equipment to Company D and went through the mortgage registration process. Company C cannot repay the bank loan when it expires. Which of the following statements is correct?

A. If the bank claims all the claims, it should first auction the property to realize the mortgage rights

B. If the bank claims all the claims, it can choose to auction the property or The mortgage right of machinery and equipment

C. Company B’s pledge has priority over the bank’s mortgage on machinery and equipment

D. Company D’s mortgage of machinery and equipment has priority over Company B’s Pledge

9. Zhang’s lost watch was found by Li. One year later, Li sold the watch to Wang. One year later, Wang sold the watch to Zheng. Zheng gave the watch to Zhu for repair, who was unaware of it. Zheng had a dispute with Zhu because Zheng did not pay the maintenance fee, and Zhang only found out the whole story. Which of the following statements is correct?

A. Zhang can request Li to return the watch

B. Zhang can request Wang to return the watch

C . Zhang can ask Zheng to return the watch

D. Zhang can ask Zhu to return the watch

10. A and B sign a house rental contract, agreeing on a five-year lease term. Six months later, A sold the rental house to C without notifying B. Soon, B requested the court to rule that the house sales contract between A and C was invalid on the grounds that his right of first refusal to purchase the house was infringed.

Which of the following statements is correct?

A. A sells the house without notifying B

B. C has the right to obtain ownership of the house in accordance with the good faith acquisition rules

C .A has violated B’s right of first refusal, but the contract between A and C is valid

D. A must obtain B’s consent to sell the house

11. A has a piece of jade. To transfer, A signed a contract with B, agreeing to deliver the jade 10 days later; the next day, C saw the jade and was willing to buy it at a higher price, so A signed a contract with C, and C immediately paid the price of 80, and agreed The goods were delivered three days later; on the third day, A signed a contract with Ding to sell the jade to Ding and deliver it on the spot, but Ding only paid 30. Later, B and C both requested A to perform the contract and took the matter to court. Which of the following statements is correct?

A. Ding should be deemed to have obtained the ownership of the jade

B. C's request for A to deliver the jade should be supported

C. Should support B’s request for A to deliver jade

D. The first contract is valid, but the second and third contracts are invalid

12. A, B and C regarding transportation The accident was under the auspices of the traffic control department and a "Mediation Agreement" was reached. A and B respectively compensated C 50,000 yuan, which A immediately fulfilled. B paid 10,000 yuan in compensation, and gave C an IOU for the remaining 40,000 yuan. B failed to perform when it was due, and C repeatedly pressed for payment but failed, so he filed a lawsuit with the court with the "Mediation Agreement" and the IOU. Which of the following statements is correct?

A. This case is a tort debt

B. This case is a contract debt

C. If C receives workers’ compensation , B can claim corresponding exemption

D. C can ask A to continue to compensate 40,000 yuan

13. Fang forgot a luggage in the taxi and immediately issued a missing property notice. Those who state that they are willing to return their luggage will be rewarded with NT$2,000 in cash. Taxi driver Li contacted Fang immediately after discovering the luggage and learning about the missing object notice. Now Fang refuses to pay 2,000 yuan to Li. Which of the following statements is correct?

A. Fang has the right to request the return of property, and Li is obliged to return the luggage, so Fang does not need to pay the 2,000 yuan reward

B .If Fang does not pay the 2,000 yuan remuneration, Li can exercise the right of lien to refuse to return the luggage

C. If Fang has not issued a notice of missing items, he may not pay any remuneration or fees

D. Since Fang has posted a notice to find the property, he must pay a fee

14. A and B sign a sales contract, stipulating that the defaulting party should pay the other party 180,000 yuan in liquidated damages. Later, A breached the contract, causing B a loss of 150,000 yuan. Which of the following statements is correct?

A. A shall pay liquidated damages of 180,000 yuan to B and shall not pay other expenses or compensate for losses

B. A shall compensate B For a loss of 150,000 yuan, no other expenses or losses will be paid

C. A shall compensate B for a loss of 150,000 yuan and pay liquidated damages of 180,000 yuan, totaling 330,000 yuan

D. A should compensate B for the loss of 150,000 yuan and interest

15. Li bought an electric kettle from A mall for 100 yuan. When using it, Li's arm was burned due to leakage. It cost 500 yuan in medical expenses. After checking, the electric kettle was produced by Factory B. Which of the following statements is correct?

A. Li can directly sue Factory B for compensation of 500 yuan in damages

B. According to the principle of privity of contract, Li can only claim Mall A shall compensate the loss of 500 yuan

C. If Li sues Mall A, Mall A’s compensation scope shall be limited to 100 yuan

D. Li can only ask Mall A to replace it For electric kettles, the loss of 500 yuan can only be borne by Factory B

16. Company A transferred a technical secret to Company B. After the technology transfer contract was completed, it was found that Company A had obtained the technical secret from Company C through improper means, but Company B had no knowledge of this and paid a reasonable consideration.

Which of the following statements is correct?

A. The technology transfer contract is valid, but Company A should bear tort liability to Company C

B. The technology transfer contract is invalid, Company A and Company B The company shall bear joint liability to Company C

C. Company B can continue to use the technical secret within the scope when it obtained it, but it shall pay reasonable usage fees to Company C

D. Company B has the right to require Company A to return the consideration it paid, but it cannot require Company A to compensate for the losses it suffered.

17. A’s painting "Dream" was published in 1960. A passed away on March 4, 1961. In October 2009, A's heir B discovered that C's website had been distributing the work "Dream" for a long time without A's name. On September 1, 2012, B filed a lawsuit in court. Which of the following statements is correct?

A. The creation and publication of "Dream" occurred before my country's Copyright Law came into effect and is not protected by this law

B. B. The lawsuit has exceeded the statute of limitations, and its right to win is not protected

C. B has no right to require website C to stop committing acts that infringe A’s signature rights

D. B has no right to require C The website ceases to infringe on A’s information network dissemination rights of the work

18. Company A developed an automotive energy-saving and environmentally friendly technology and obtained a utility model patent certificate in accordance with the law. Company B planned to sign an exclusive implementation license contract with Company A to introduce the technology, but during the negotiation process with Company A, it was discovered that the technology was already existing technology before the patent application date. Which of the following practices of Company B is illegal?

A. Continue to develop new technologies based on the patented technology

B. Appeal to the court to rule that the patent is invalid

C. Request the Patent Reexamination Board to declare the patent invalid

D. Use the technology for free

19. Company A applied to register "Winter Rain Love" for the beer it produced trademark, but when using the trademark, the words "registered trademark" or registered mark are not added to the trademark logo. Which of the following behaviors does not infringe Company A’s trademark rights?

A. Company B mistakenly believed that the trademark was an unregistered trademark, so it also used the “Winter Rain Love” trademark on its own beer products

B. Company C did not know that a company was shipping counterfeit "Winter Rain Love" beer

C. Ding Hotel poured the purchased "Winter Rain Love" beer from Company A into homemade Beer barrels, homemade "Xia Ke" brand bulk beer for sale

D. Company E knowingly rents a warehouse to a company that produces counterfeit "Winter Rain Love" beer

20. Which of the following A situation gives rise to a debt of unjust enrichment?

A. After the statute of limitations for litigation expires, A owes B money, and A repays the money to B

B. A owes B money, and all interest is paid in advance Later, he repaid the loan in advance before the expiration of the loan period

C. A paid B the 2,000 yuan in cash that he lost playing mahjong the night before.

D. A’s deposit account in Bank B 10,000 yuan more due to bank computer failure

21. Which of the following situations will cause a debt without cause?

A. A borrowed money from B, and C knew that the statute of limitations had expired. Afterwards, A repays the principal and interest to B without authorization on behalf of A

B. A is sweeping the snow in front of his house, and also cleans the snow off neighbor B's car

C. A and After B got married, B gave birth to a son C. After A raised C for 5 years, he learned that C was the child of B and D.

D. A found B's lost cow and took it back to be raised temporarily after unsuccessfully searching for the owner. . Because the house collapsed and a cow died due to the earthquake, A sold cowhide and beef and received a certain amount of money

22. A used B’s ID card that he found to apply for a credit card at Bank C, and maliciously made an overdraft, causing B’s name to be Be included in the bank's bad credit record list. After investigation, before Bank C issued a credit card, it verified whether B had applied for a credit card through B's phone number (actually A's phone number) left by A in the bank.

According to the current legal provisions of our country, which of the following statements is correct?

A. A has violated B’s right of name

B. A has violated B’s right of reputation

C. A has violated B’s credit rights

D. Bank C should not be held responsible

23. Which of the following post-marital appreciation or income of couple A and B belongs to Husband and wife share the same property?

A. A. Contracted an orchard before marriage, and the fruit will be produced on the tree after marriage

B. The value of a house purchased by B before marriage increased by 500,000 yuan

C. A used 100,000 yuan before marriage to invest in the stock market after marriage, and gained 50,000 yuan

D. The jade collected by B before marriage increased in value by 100,000 yuan

24. A and B were married. When daughter C was three years old, A died due to a medical accident and received a compensation of 600,000 yuan. A left a suicide note before his death, stating that all his property would be inherited by his mother D after his death. After investigation, it was found that after A and B got married, in addition to buying a house together, they also had a deposit of 200,000 yuan. Which of the following statements is correct?

A. The compensation of 600,000 yuan belongs to the inheritance

B. A’s will did not retain C’s share of the inheritance, and the will is all invalid

C. Half of the house and half of the deposit belong to the inheritance

D. B has the right to inherit A’s inheritance

25. Xinyu Co., Ltd. *** has 4 shareholders, and the shareholder Liu is an executive director of the company. In the absence of special provisions in the company's articles of association, which of the following powers can Liu exercise?

A. Decide on the company's investment plan

B. Veto other shareholders' transfer of equity to external parties Effectiveness

C. Decide to hire the company manager

D. Decide the company’s profit distribution plan

26. Taichang Co., Ltd. *** has 6 shareholders, the company Two years after its establishment, it was decided to increase the registered capital by 5 million yuan. Which of the following statements is correct?

A. The resolution of the shareholders' meeting on the increase of registered capital must be approved by more than two-thirds of the shareholders

B. The new amount subscribed by shareholders The additional capital contribution can be paid in installments

C. Shareholders have the right to request that the capital contribution for the new registered capital be subscribed in accordance with the proportion of capital contribution

D. A shareholder fails to fulfill his/her new registration When making capital contribution obligations, the chairman of the company must bear joint liability

27. Regarding the statement of shareholders or partners’ right to know, which of the following options is correct?

A. Limited Company Shareholders have the right to inspect and copy the company's accounting books

B. Shareholders of a joint-stock company have the right to inspect and copy the minutes of the board of directors

C. Shareholders of a limited company can file for dissolution on the grounds that their right to know has been infringed. The company's lawsuit

D. The general partner has the right to inspect the partnership's accounting books and other financial information

28. Xianggen Catering Co., Ltd. has three shareholders, A, B and C, respectively. Holdings 51, 14 and 35. After several years of operation, the company opened another branch and C was appointed as the person in charge. Later, due to the poor performance of the company, A convened a shareholders' meeting and decided to transfer the company's branches. C disagrees with this resolution. Which of the following statements is correct?

A. C can file for revocation on the grounds that the resolution procedure is illegal

B. C can file for dissolution of the company on the grounds that the resolution harms its interests Litigation

C. C can require the company to acquire his equity at a reasonable price

D. The company can remove C from his shareholder qualifications based on the resolution of the shareholders' meeting on the grounds that C fails to fulfill its obligations as a shareholder

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29. Company A filed for bankruptcy in December 2012. After the court accepted the case, it was found that in September 2012, because Company A was unable to repay the 1 million yuan in payment owed to Company B, but Wang, the chairman of Company A, had an unpaid capital contribution of 1.5 million yuan, Company B required Wang to bear the repayment. Wang did indeed pay Company B 1 million yuan later.

Which of the following statements is correct?

A. Regarding Wang’s payment to Company B, the manager shall not claim to revoke it

B. Wang’s unpaid capital contribution should be It is 1.5 million yuan

C. The manager is obliged to require Wang to fulfill his capital contribution obligations

D. Wang can claim a statute of limitations defense for his unfulfilled capital contribution obligations

30. Regarding the expressions of partnerships and sole proprietorships, which of the following options is correct?

A. Investors in both can only be natural persons

B. Both investors bear unlimited liability

C. A sole proprietorship can apply to change registration to a general partnership

D. A partnership cannot apply to change registration to a sole proprietorship Enterprise

31. A issued a commercial bill in the name of B without B’s consent, and the payee recorded on the bill was Bank C. After Ding obtained the bill of exchange, he endorsed and transferred it to E. Which of the following statements is correct?

A. Bank B can refuse to assume responsibility for the bill of exchange on the grounds that it has no authority to act as an agent

B. Bank C can refuse to assume responsibility for the bill of exchange because it has no authority to act as an agent. Therefore, he refuses to pay

C. When Ding is unaware of A's unauthorized agency behavior, Ding is not responsible for E

D. A did not sign the bill of exchange, so A does not bear responsibility

32. According to the relevant provisions of my country's "Securities Law", which of the following options is correct regarding the statement of securities issuance?

A. All securities must be made public issuance, and shall not adopt the method of non-public issuance

B. The issuer can issue through securities underwriting, or it can be issued directly by the issuer to investors

C. Only formally established in accordance with the law Only joint-stock companies can issue stocks

D. All state-owned companies can apply for the issuance of corporate bonds

33. According to the relevant provisions of my country’s Maritime Law and Property Law, regarding ships As for the expression of property rights, which of the following options is correct?

A. If A’s ship collides with B’s ship, B will have a lien against A’s ship for the damage compensation

B. If A sets a mortgage guarantee for B with its ship, then once the mortgage contract is signed, B will enjoy the mortgage right

C. If a mortgage is set up with the ship under construction, the mortgage right will only be processed when the mortgage is processed It will take effect only after registration

D. When several mortgages are established on the same ship, the order shall be based on the order in which the mortgage contract is signed

34. Company A insures its property to B The company is insured. Because Company A wants to apply for a loan from the bank, Company B submits the insurance policy directly to the bank in accordance with Company A's instructions. Which of the following statements is correct?

A. Because the insurance policy has not been delivered to Company A, the insurance contract is not established

B. If the contents of the insurance policy and the application form are inconsistent, the insurance contract should be The insurance policy shall prevail

C. When Company B agrees to underwrite the insurance, the insurance contract is established

D. If Company A fails to pay the insurance premium, the insurance contract is not established

35. According to the "Civil Procedure Law" revised in 2012, which of the following options is wrong regarding the expression of public interest litigation?

A. The establishment of public interest litigation rules reflects the concept of the rule of law of governing the country according to law

B. The prosecution subjects of public interest litigation are limited to agencies or groups authorized by law

C. The establishment of public interest litigation rules is conducive to ensuring the comprehensive and coordinated development of my country's economy and society

D. The filing of public interest litigation must be based on the existence of actual damage

36. Enforcement for the people is the essential requirement of socialist rule of law. Accordingly, courts and judges should abide by litigation procedures in civil trials. Fulfill explanation obligations.

Which of the following trial actions meets the requirements of law enforcement for the people?

A. In the debt dispute between Li and Zhao, the judge explained the statute of limitations to Zhao and suggested that Zhao raise a statute of limitations defense

B. In the case of Zhang’s claim for alimony, the judge made a preliminary execution ruling ex officio

C. In the divorce case of Du v. Yan, the judge asked the parties Explain that divorce damages can be filed at the same time

D. In the house sales contract dispute between Luo and Huaxing Company, the judge took the initiative to visit the site and conduct an inspection, and supported Luo's request accordingly

37. Regarding the expression of the classification of the lawsuit, which of the following options is correct?

A. Sun applied to the court to confirm that his wife has no capacity for civil conduct, which is a confirmation lawsuit

B. Zhou applied to the court to declare his marriage to Wu invalid, which was a modification lawsuit

C. After Zhang agreed to divorce Wang, he sued the court again, claiming divorce damages. Compensation is a lawsuit for payment

D. Zhao, on behalf of his daughter, appealed to the court for his ex-wife to increase the alimony from 1,000 yuan to 2,000 yuan per month, which is a lawsuit for payment

38. Which of the following options is correct regarding the statements about the parties’ ability and legitimate parties?

A. Generally speaking, whether the parties have a confirmed interest in the subject matter of the lawsuit should be used as the criterion for judging whether the parties are qualified or not.

B. Generally speaking, the subject of the lawsuit is the legitimate party to the case

C. Minors do not have the capacity to litigate

D. Bankruptcy The enterprise liquidation team has the right to manage the property of the bankrupt enterprise and can sue or respond to the lawsuit in the name of the enterprise

39. Regarding the court's service behavior, which of the following options is correct?

A. Chen filed a lawsuit with the court claiming that Ma was not qualified to be a voter. Since Ma refused to sign the judgment, the court withheld service on him

B. The court served Ge by mail to open the hearing. The summons was not sent back by Ge, so the service was invalid and should be served again

C. When hearing the loan dispute between Zhang and Zhao, the court entrusted Zhao's school to serve the complaint on his behalf. Copy and notice of response

D. With Xu’s consent, the court sent him an evidence preservation ruling by email

40. Dapi Company sued Xiaohua due to a sales dispute company, the two parties agreed on a 25-day time limit for producing evidence, and the court recognized it. After the time limit expired, Xiaohua Company submitted that there was still an invoice that had not been provided and applied to extend the time limit for producing evidence, but the court rejected it. During the court hearing, Xiaohua Company submitted the invoice to the court. Despite Dapi's objections, the court still cross-examined the evidence after fining Xiaohua. Which of the following litigation behaviors does not comply with the relevant provisions on the time limit for producing evidence?

A. The two parties agreed to determine the time limit for producing evidence

B. Both parties determined the time limit for producing evidence of 25 days

C. Xiaohua Company applied for an extension of the time limit for producing evidence after the expiration of the time limit for producing evidence

D. The court ignored Dapi Company’s objection and still organized cross-examination

41. Regarding the simplicity of the simplified procedure , which of the following statements is incorrect?

A. The acceptance procedure is simple and can be accepted and heard immediately

B. The trial procedure is simple and does not require court investigation or court debate Proceed in the order

C. The trial transcript is simple and does not need to record the notification of litigation rights and obligations, the plaintiff and defendant’s defense opinions and other usual procedural content

D. The judgment document is simple and can be Simplify the fact finding or reasoning part of the judgment document

42. A certain city court accepted the divorce lawsuit between Chinese Guo and foreigner Jenny. Guo entrusted lawyer Huang as his agent. The power of attorney only stated Specify the scope of agency as "full authority".

Regarding the statement of entrustment of an agent, which of the following options is correct?

A. Guo has already appointed an agent and does not need to appear in court to participate in the lawsuit

B. The court can request Attorney Huang Once the litigation document is served, its signature is valid

C. Lawyer Huang can waive the litigation claim on his behalf

D. If Jenny wants to entrust an agent to litigate on her behalf, she must entrust a Chinese citizen

43. In which of the following options, the court's judicial behavior can only occur during the trial stage?

A. Serving legal documents

B. Organizing the parties to conduct cross-examination

C. Mediate the dispute and promote the parties to reach a settlement

D. Add parties that must participate in the lawsuit

44. He was injured by Tian and asked A The county court filed a lawsuit for personal injury compensation and the court accepted it. Regarding the legal consequences of He’s prosecution, which of the following options is correct?

A. He’s statute of limitations is interrupted

B. Tian’s defense period begins

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C. County A’s court obtained exclusive jurisdiction

D. Tian became a qualified defendant

45. Regarding the expression of the basic principles of civil litigation, which of the following Is the option correct?

A. When foreigners conduct civil litigation in my country, they enjoy the same litigation rights and obligations as Chinese people, which reflects the principle of equal litigation rights of the parties

B. Court Failure to conduct fact-finding based on the parties' self-confessions violates the principle of disposition

C. When the legal relationship claimed by the party is inconsistent with the court's determination based on the facts of the case, the party may change the litigation claim according to the principle of disposition

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D. The environmental protection organization filed a public interest litigation in the court, reflecting the principle of supporting prosecution

46. Wu from County A and Baofeng Company from County B signed a sales contract for sweet oranges in County C. After the goods arrived, it was discovered that the sweet oranges had begun to rot and did not meet the quality standards agreed in the contract. Wu returned the goods to no avail and planned to sue the court. In order to prove the damage of the sweet oranges, he applied to the court for pre-litigation evidence preservation. Regarding pre-litigation preservation, which of the following statements is correct?

A. Wu can apply to the courts of counties A, B, and C for pre-litigation evidence preservation

B. The court should The court shall decide whether to preserve evidence within 15 days after receiving the application.

C. When preserving evidence, the court can proactively take behavioral preservation measures to reduce Wu’s losses

D. If the court adopts evidence preservation Measures can be taken to exempt Wu from the responsibility of providing evidence for the damage of sweet oranges

47. Regarding the expression on the jurisdiction of foreign-related civil litigation, which of the following options is correct?

A. Whatever If there is a certain actual connection between the foreign-related litigation and the location of the court in my country, the courts in my country have jurisdiction, which embodies the principle of actual connection between the litigation and the location of the court

B. The parties shall, on the premise of not violating the hierarchical jurisdiction and exclusive jurisdiction, The court with jurisdiction over various foreign-related civil cases can be agreed upon, which embodies the principle of respecting the parties

C. Contract disputes between Sino-foreign joint ventures and other civil entities are under the exclusive jurisdiction of Chinese courts, embodying the principle of safeguarding national sovereignty

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D. Major foreign-related cases are under the jurisdiction of courts at the intermediate level or above, which embodies the principle of facilitating litigation for the parties

48. A has a due creditor's right of 100,000 yuan against B, but B is unable to pay it off, and After failing to exercise its 150,000 yuan claim against C, A filed a subrogation lawsuit against C, and the court added B as the third party in accordance with the law. The first instance verdict was that A won the case and C should pay A 100,000 yuan. Both B and C filed appeals. B asked the court to order C to pay the remaining debt of 50,000 yuan to him, and C asked the court to order that A's claim against B was not established.

Regarding the statement of the status of the parties in the second instance, which of the following options is correct?

A. C is the appellant, A is the appellee

B. B and C are the appellants, A is the appellee

C. B is the appellant, A and C are the appellees

D. C is the appellant, A and B are the appellees

49. Regarding procuratorial supervision, which of the following options is correct?

A. The Procuratorate of County A believes that the effective judgment of County B Court is wrong in applying the law, and makes procuratorial suggestions to it

B. C City Procuratorate made a procuratorial suggestion to the arbitration committee regarding the contract dispute and requested re-arbitration

C. Ding County Procuratorate believed that a judge of Ding County Court accepted bribes when making an ex-rights judgment, and submitted to the court Put forward procuratorial suggestions

D. The Wu County Procuratorate believes that the Wu County Court’s decision to determine that a citizen is a person without capacity for civil conduct contains procedural errors, and reports to the superior procuratorate to file a protest

50. Company A When suing Company B for patent infringement, whether Company B infringes the patent becomes the focus. Entrusted by the court, Appraisal Center C issued an appraisal opinion confirming infringement. Company B raised objections and applied for Professor Yan from a certain university to appear in court to explain his professional opinions. Regarding the statement of identification, which of the following options is correct?

A. Identification Center C can question the parties during the identification process

B. Identification Center C should send personnel to appear in court, but Except for those who cannot appear in court for legitimate reasons

C. If Professor Yan appears in court, his litigation status is that of an appraiser

D. Professor Yan’s appearance fees will be advanced by Company B and will ultimately be borne by the losing party