2006 Judicial Examination Mock Test Questions (1)

Single choice questions (***10 points, 20 minutes to complete)

1. Which of the following statements about legal fact judgments and legal value judgments is correct:

A. The factual judgment of the law is concerned with the social reality adjusted by the law and is objective; while the value judgment of the law is concerned with the social needs of people, so it is subjective

B. The factual judgment of law is concerned with the actual state of the law, while the value judgment of the law is concerned with the ought state of the law

C. "The unevenness of things reflects the emotions of things" is a manifestation of the factual judgment of the law

D. The factual judgment of the law lies in the objective understanding of the actual law, so as to realize the consistency between the subject and the object. Therefore, the study and research of law should be as value-neutral and impartial as possible, and avoid and exclude factors with value judgments

2. During the Qin Dynasty, Zhao and Qian were neighbors, but their relationship was very bad and they hated each other. One day, Zhao went to the county magistrate to report Qian, saying that Qian had an affair with his half-sister Sun (Qin law stipulates that if half-brothers and sisters have an affair, they will abandon the city) and asked the county magistrate to punish him. Qian was convicted. After investigation by the county magistrate, Zhao's report was completely fabricated and was made up by Zhao to vent his personal anger.

Based on the facts of the case, how should this case be handled?

A． Zhao actively reported possible crimes to the government. Even if it was wrong, it did not constitute a crime.

B. Zhao falsely accused Qian in order to vent his personal anger, which constituted the crime of false accusation, but since no loss was caused, he was given a lighter sentence

C. Zhao’s behavior constitutes the crime of false accusation and shall be punished as a crime of false accusation

D. Zhao’s behavior constitutes the crime of false accusation and he is punished by abandoning the market

3. Regarding the legal provisions of the Tang Dynasty, which of the following statements is incorrect:

A. "There are no correct rules for judging crimes. Those who should be found guilty should be given a heavier weight to make it clearer; those who should be convicted should be given a lighter weight to make it clearer." This is the application of the analogy principle of "Tang Code"

B. "For foreigners, if the same kind offends each other, each shall follow its own customary laws; if different kinds offend each other, the law shall apply." This is the provision of the "Tang Code" regulating foreign-related legal relations

C. "Anyone who steals from one another within the family, or who steals from behind bars, will be subject to aggravated serious punishment." This is the "prison-by-prison" system for punishing the crime of theft.

D. "The time limit for assaulting someone with hands and feet is ten days; for beating someone with something else, twenty days; for injuring someone with a blade, soup or fire, thirty days; for breaking a limb or breaking a bone, fifty days." It is immediately apparent and the innocence protection system stipulates that the injuring party shall be responsible for the change of the injured party's injury within a certain period of time

4. Among the following statements about the implementation guarantee system of our country's constitution, the correct option is:

A. From the perspective of the implementation and guarantee organs of the Constitution, our country belongs to the model of legislative implementation of constitutional guarantees. The Standing Committee of the National People's Congress has been granted the power of constitutional supervision. Local people's congresses at all levels and their standing committees have the responsibility to ensure the implementation of the Constitution in their respective administrative regions. Responsibilities

B. From the perspective of the implementation and guarantee agencies of the Constitution, our country belongs to the model of administrative agencies implementing constitutional guarantees. The State Council is authorized to formulate various economic, cultural and other administrative regulations within the scope of its authority to implement the principles and contents of the Constitution and ensure the implementation of the Constitution

C. From the perspective of the way to ensure the implementation of the Constitution, our country mainly adopts the method of prior review. For example, the People's Congress of an autonomous region formulates autonomy regulations and separate regulations that must be reported to the Standing Committee of the National People's Congress for approval and then take effect.

D. From the perspective of the way to guarantee the implementation of the Constitution, our country mainly adopts the method of ex-post review. For example, the National People's Congress has the power to change or revoke inappropriate decisions of the National People's Congress Standing Committee; the National People's Congress Standing Committee has the power to revoke decisions made by the State Council that conflict with the Constitution and laws. Administrative regulations

5. In accordance with the provisions of the General Agreement on Tariffs and Trade and the Understanding on Rules and Procedures for the Settlement of Disputes, which of the following options is correct regarding disputes between member states and dispute settlement bodies:

A. For disputes involving non-violation complaints, the complaining party needs to prove that the respondent violated the terms of the relevant agreement

B. For disputes involving sexual violation complaints, the respondent has no obligation to cancel relevant measures after losing the case, but only needs to make compensation

C. The expert panel is a non-permanent body of the dispute settlement body, which reviews both the facts of the case and the legal issues

D. The Appellate Body is a permanent body of the dispute settlement body, which examines both the facts and legal issues of the case

6. Chinese Company A signed a steel export contract with American Company B. The contract stipulated that the quality of the goods was Level 2 and payment would be made by letter of credit. At the time of delivery, Company B had a shortage of second-grade steel in stock, so it modified the first-grade steel and marked the first grade on the invoice. The payment was still calculated based on the price of the second-grade steel. When handling the negotiation, the bank believed that the grade of the goods indicated on the invoice was inconsistent with the second-level quality stipulated in the letter of credit, and therefore refused to accept payment and release the document. Chinese Company A believed that the goods had a special purpose as stipulated in the contract, so it could not accept the first-grade steel delivered by Company B, and claimed that Company B should bear the responsibility for failure to deliver goods in accordance with the contract.

Which of the following statements is incorrect:

A. The bank can refuse to collect payment and release the document on the grounds that the invoice does not match the provisions of the letter of credit

B. Although the grade of goods delivered by Company B is higher than the grade stipulated in the contract, it should still bear the liability for breach of contract

C. The bank should not refuse to accept the payment and release the note

D. The beneficiary of the letter of credit in this case is American Company B

7. The sovereign equality of states is one of the basic principles of international law. Which of the following options does not reflect this principle:

A. A multilateral treaty is signed in sequence according to the order of the first letters of the names of the contracting states in the English alphabet; the order of the states is arranged in the alphabetical order of the text used in the relevant conference

B. Unless a country expressly and voluntarily submits to the jurisdiction of a foreign court, a country enjoys sovereign immunity from jurisdiction

C. The voting rights of member countries of an international fund are divided into two parts: basic voting rights and enhanced voting rights, that is, each member country enjoys 250 basic voting rights. In addition, according to the share of each member country in the fund, , aggravated voting rights are calculated as one additional vote per $100,000. The sum of basic voting rights and aggravated voting rights is the total voting power of the country

D. Developed countries grant universal preferential import tariff treatment to all exported manufactured and semi-manufactured products from developing countries; non-discriminatory, that is, all developing countries should enjoy the GSP treatment without discrimination and exception; non-reciprocal , that is, non-reciprocal, developed countries should unilaterally grant special tariff concessions to developing countries without requiring developing countries to grant equal preferences.

8. A and B signed an agricultural textile import tariff treaty in 2004. The tariff levied by country A on country B's textile imports shall not exceed 25%. In April 2005, the government of Country A passed legislation through its own legislative body to increase the tariff on textile imports from Country B to 50%, causing serious damage to Country B's textile exports. In retaliation, Country B imposed economic sanctions on Country A. In June 2004, Country B sent troops to occupy Country A's port and blocked commercial ships for half a year. Country A sent troops to mount a strong resistance. Regarding the above-mentioned practices of two countries, according to the relevant rules of international law, which of the following judgments is correct:

A. The government of country A enacts legislation to increase tariffs through legislative procedures, which is a manifestation of a country's exercise of national sovereignty, and its approach is in line with the basic principles of international law

B. The economic sanctions imposed by Country B against Country A are legitimate countermeasures against Country A's illegal acts, are legal, and do not bear national responsibility

C. Country B's sending troops to occupy Country A's ports is a legitimate countermeasure against Country A's internationally wrongful acts, and it does not bear national responsibility.

D. Country A's act of sending troops to resist violated the principle of non-use of force under international law, and it should bear national responsibility for its illegal acts

9. A company signed a labor contract with Zhang. After Zhang started working, his employer discovered that he was severely myopic. Since this type of work has strict requirements on vision, Zhang was not suitable to work. After investigation, the company learned that Zhang concealed the true condition of his eyesight when he was hired, so the company decided to terminate the labor contract with Zhang. In this regard, which of the following statements is correct?

A. Because Zhang is not qualified for the job, the labor contract should be terminated

B. Because Zhang has been hired, the company has no right to unilaterally terminate the labor contract

C. This labor contract should not be terminated but should be changed

D. This labor contract is invalid and has no legal effect from the time of its conclusion

10. On the evening of September 5, 2004, Li had dinner with his friends in a private room on the second floor of Hongda Catering Co., Ltd. in Century Building (the owner is Century Hotel Co., Ltd.). The private room was adjacent to the fire escape. During the meal, Li heard his cell phone ringing. He walked out of the private room while answering the phone and came to the wooden fire escape door three or four meters diagonally opposite the private room. He disappeared. After searching, it was found that Li fell downstairs and died. After investigation, it was found that the work outside the wooden fire escape had not been completed, and there were no danger warning signs next to it.

There are the following statements about this case, the correct one is:

A. Hongda Catering Company failed to fulfill its safety guarantee obligations and was at fault, so it should bear the liability for compensation

B. Century Hotel The company failed to fulfill its safety guarantee obligations and was at fault, so it should bear the liability for compensation

C. Hongda Catering Company and Century Hotel Company were both at fault for Li's death and should bear joint liability for compensation

D. Li himself failed to fulfill his duty of care and died, and he shall bear the responsibility at his own risk

Multiple choice questions (***20 points, 30 minutes to complete)

1. Among the practices of the following law firms, some are inconsistent with legal provisions:

A. Due to the change of partners, the original "Yang Li Wu Law Firm" was changed to "Yang Li Wu Law Firm" to facilitate the announcement to the parties of the change in its internal responsibility bearers

B. Due to the need to expand the law firm's business, a law firm set up a reception office in City B. After half a year of successful testing, it applied to the local Justice Bureau to establish a branch.

C. Wang graduated with a master's degree and performed well in all aspects of practice in a law firm. After obtaining the lawyer's qualification after one year of internship, he was promoted to a partner of the firm

D. In order to expand its influence and increase its visibility, a law firm applied to become a member of an international lawyers organization in the name of the law firm, and was approved after review by the other party

2. According to the provisions of our country’s election law, which of the following statements is correct:

A. Direct elections are conducted in the jurisdictions of municipalities directly under the Central Government and in the municipalities where the Provincial People's Government is located.

B. Voter registration is carried out according to the divided constituencies. Voter qualifications confirmed by registration are valid once, and voters must be re-registered before each election.

C. Mental patients do not have full capacity to act and have been confirmed by the election committee. Enjoy the right to vote

D. When local people's congresses at or above the county level elect deputies to the higher-level people's congress, the candidate candidates are not limited to deputies to the people's congress at that level

3. A is the public security bureau of a certain place, and his daughter B is in love with Wang. In order to prevent the further development of the relationship between his daughter and Wang, A takes advantage of his position and sends someone to monitor the phone calls between B and Wang. Wang was detained. Wang's father, Ding, was dissatisfied and complained to the local government. In anger, A fired Ding, who was teaching in the local primary school through connections. According to my country's Constitution and relevant legal provisions, which rights of Wang as a citizen were violated by Li Jia's above-mentioned behavior?

A． The right to freedom of communication and confidentiality of communication shall be protected by law

B. Right to personal liberty

C. Labor rights

D. Right to file a complaint

4. Regarding the historical process of the modernization of Chinese law, which of the following statements is correct:

A. The history of China's modernization in the past hundred years is obviously the modernization of external sources of law, which has gone through a process from passive acceptance to active selection

B. From imitating the civil law system to establishing a socialist legal system with Chinese characteristics, and at the same time absorbing some experience of the common law system, such as trial procedures, etc.

C. Due to the lack of a tradition of rule of law and the need for legislation in reality, the start-up form of legal modernization is mainly legislative-led

D. Generally speaking, the legal system is reformed first, and legal concepts are updated later. The struggle in the ideological field is fierce

5. The implementation of the law refers to the fact that the law is actually observed by people in social life. Among the following options, the ones that belong to the implementation of the law are:

A. The county traffic police fined Chen, a motor vehicle driver who violated the road traffic safety law

B. A year ago, Wang borrowed 10,000 yuan from Li for business. Later, Wang went bankrupt and was unable to repay.

In order to recover the debt, Li sued the court, requiring Wang to repay the loan and pay 500 yuan in interest

C. "YiZe" Judicial Research Center organized domestic authoritative civil and commercial law experts to conduct demonstrations on the Property Law (Draft) and put forward expert suggestions to the Legal Affairs Working Committee of the Standing Committee of the National People's Congress

D. A people's court mediated the contract dispute between Zhang and Zhao in accordance with the law during the civil case trial

6. Country A is a member state of the Berne Convention. According to the principle of national treatment established in the Berne Convention, which of the following works should be granted national treatment by Country A?

A. Country B is not a member of the Berne Convention, and "Reflections on Legal Philosophy" edited by Buck, a citizen of Country B, was published in Country A and Country B, 20 days apart

B. The stateless Rooney published his work "The Power of Art" in Country A, but Rooney has neither a residence nor a habitual residence in Country A

C. Country B is not a member of the "Berne Convention". When Country B's producer Danny went to Country A, he was attracted by Country A's customs, geography and customs, so he used the three months of the meeting to shoot "Overview of Country A's Customs"

D. Country B is not a member of the Berne Convention. During a trip to Country A, Hansen, a sculptor from Country B, was inspired in a square in Country A and created the sculpture "Dancer in the Square"

7． Country A and Country B are both contracting parties to the United Nations Convention on Contracts for the International Sale of Goods. Company C, with its business office in Country A, and Company D, with its business office in Country B, conduct sales of goods. Whether the provisions of the Convention apply to the two parties, and Whether the law chosen by the Convention applies, which of the following statements complies with the provisions of the Convention:

A. In the absence of other agreements, the contract between C and D will automatically be governed by the provisions of the Convention

B. Parties B and D can agree in the contract that other laws shall apply, thereby excluding the application of the Convention

C. Bingding Company can choose Incoterms to conduct transactions in the contract, thereby excluding the application of the Convention

D. Both parties C and D can modify the content of the applicable convention without any restrictions

8. While driving in country A, a Chinese citizen named JIM hit and injured JIM, a citizen of that country, causing a dispute. According to the conflict regulations for torts in our country, the laws of country A (the place where the infringement occurred) should apply. However, when country A has more than two jurisdictions, which of the following methods should be used to handle the case?

A． Since our country's laws stipulate that infringements shall be governed by the law of the place where the infringement occurs, the law of the area where the infringement occurs should be directly applied

B. If there are provisions in the laws of country A regarding the adjustment of domestic conflicts of laws, it should continue to determine the applicable law according to the guidance of its domestic law

C. If there are no provisions on adjusting domestic conflicts of laws in the laws of country A, the applicable law should be determined according to our country's rules on adjusting domestic conflicts of laws

D. If there are no provisions in the laws of country A regarding the adjustment of domestic conflicts of laws, the laws of the region with the closest connection with the infringement should be directly applied

9. Company A in the UK signed a contract with Company B in my country to jointly invest in and establish a Sino-foreign joint venture in ***, my country.

If a dispute arises between Company A and Company B regarding this contract, according to the laws of our country, which of the following statements is correct?

A. The case can be governed by British courts and British law shall apply

B. The case must be under the jurisdiction of a Chinese court and Chinese law must be applied

C. The case can be arbitrated by a foreign arbitration institution, but Chinese law must be applied

D. The case can be arbitrated by a foreign arbitration institution, and the foreign law agreed upon by the parties can be applied

10. Which of the following statements about auctions is incorrect:

A. The State Economic and Trade Commission is the department that supervises and manages the national auction industry; the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and the people's governments of districted cities The departments responsible for managing the auction industry shall supervise and manage the auction industry within their own administrative regions

B. Items confiscated by the state administrative agencies in accordance with the law, items used to offset taxes and fines, and other items shall be entrusted in accordance with the provisions of the State Council. In the event of an auction, the auction shall be conducted by the auctioneer designated by the municipal people's government where the property is located

C. my country's Auction Law stipulates that the auctioneer shall explain the defects of the auction object to the bidders. Therefore, if the auctioneer states before the auction that it cannot guarantee the authenticity or quality of the auction objects, it will not be liable for defects.

D. Auction companies operating cultural relics auctions should have a registered capital of more than 5 million yuan and have personnel with professional knowledge of cultural relics auctions

Indefinite multiple-choice questions (*** 8 points, 10 minutes to complete)

1. Country A and China are both contracting states to the Convention on the Service of Civil or Commercial Judicial Documents and Extrajudicial Documents Abroad signed in The Hague in 1965. Now, the court of Country A has served certain judicial documents to Dongling Company headquartered in Nanjing in accordance with the Convention. According to the convention and relevant provisions of our country, which of the following judgments is wrong?

A. These judicial documents should be sent directly to the Ministry of Justice of our country by the embassy or consulate of country A in China

B. After receiving a judicial document forwarded by the Ministry of Justice, if the people's court executing the service finds that the subject matter of the litigation involved in the judicial document falls under the exclusive jurisdiction of our courts, it shall refuse to execute Country A's request for service

C. If the people's court executing the service finds that the date of appearance determined in it has passed, it should directly return the judicial documents and no longer serve them to Tangling Company

D. After receiving the judicial documents served by the People's Court, Dongling Company can reject them if they find that they are only in English.

Factories A and B in a certain city both produce a "memory enhancer" product . The quality of Factory A's products is much better than that of Factory B, so its market share is much higher than that of Factory B. Wang is a technician in Factory A. In order to increase its market share, Factory B paid Wang a large sum of "technical consulting fees" to obtain the technical secrets of Factory A provided by him. Factory B used these technologies to improve its products. At the same time, Factory B published an advertisement on the city's TV station, claiming that the memory enhancers produced by this factory are fast and reliable in quality, while the quality of similar products produced by other manufacturers is not guaranteed, and called on consumers to be careful. In addition, Factory B also used high rebates to induce purchasers from several large shopping malls in the city to no longer purchase products from Factory A. After using the products of Factory B for a period of time, consumers such as Li and others in this city not only did not improve their memory, but also developed symptoms of neurasthenia. With the assistance of the TV station, Li and others reported the situation to Factory B. Factory B later discovered that the technical information provided by Wang lacked several key technologies, resulting in quality defects in Factory B's products. Please answer questions 2-4 below.

2. Which of the following behaviors of Factory B constitutes unfair competition?

A. Bribery the staff of Company A to obtain the technical secrets of Company A

B. Bribe the purchasers of large shopping malls in this city to make them only purchase products from our factory

C. Publish misleading and false propaganda in television advertisements

D. Spreading false facts in TV advertisements to damage the reputation of competitors’ products

3. Which of the following statements about Wang's behavior is correct?

A. Wang received a large sum of money from Factory B without providing complete technical information of Factory A, which constituted a crime of fraud

B. Factory A can terminate the labor contract with Wang without notifying Wang in advance

C. Factory A has the right to require Wang to compensate for losses

D. Factory B has the right to require Wang to return the "technical consulting fee"

4. Regarding the right of consumer Li and others to claim damages, which of the following opinions is correct?

A. The right to demand compensation from Factory B for the losses suffered

B. The right to demand compensation from this city’s TV station for the losses suffered

C. The right to demand compensation from the shopping mall that sells Factory B's products for the losses it has suffered

D. The right to demand compensation from Wang for the losses he suffered

Reference answers

Multiple choice questions 1.B 2.D 3.C 4.A 5.C 6.C 7. C 8.B 9.D 10.C

Multiple choice questions 1.ABCD 2.AD 3.AB 4.ABCD 5.ABD 6.AD 7.AB 8.BD 9.BC 10. ABD

Indefinite multiple choice questions 1.BC 2.ABCD 3.BC 4.AC