Regarding the guarantee system, which of the following statements is correct?

77. According to the Civil Procedure Law and relevant judicial interpretations, which of the following options are correct regarding divorce proceedings?

A. If the whereabouts of the defendant are unknown, the case shall be under the jurisdiction of the court where the plaintiff is domiciled.

B. If one party dies, the lawsuit will be terminated.

C. After the judgment takes effect, The parties are not allowed to apply for retrial

D. In principle, the trial is not open because it falls within the scope of statutory closed trial cases

78. Regarding the importance of ordinary procedures, which of the following options are correct? of?

A. Ordinary procedure is the trial procedure of first-instance litigation cases

B. The basic principles and basic systems of the Civil Procedure Law are concentrated in ordinary procedures

C. Ordinary procedure is the most complete and richest procedure in civil trial procedures

D. Other trial procedures When hearing cases without special provisions in this procedure, the relevant provisions of ordinary procedures shall be applied. Trial

79. Regarding the content that should be included in a civil complaint, which of the following options are correct?

A. Basic information of both parties

B. Cause of action

C. Litigation claim

D. Evidence and sources of evidence

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80. Regarding third parties without independent claims, which of the following statements are wrong?

A. A third party without independent claim rights has its own independent litigation status in the lawsuit

B. A third party without independent claim rights has the right to raise jurisdictional objections

C. If the first-instance judgment does not rule that a third party without an independent claim shall bear civil liability, the third party without an independent claim may not serve as the appellant or the appellee

D. No independent claim The third party has the right to apply to participate in the lawsuit and participate in the mediation activities of the case, and reach a mediation agreement with the plaintiff and defendant of the case

81. When one party fails to appear in court during the hearing, regarding the possible legal consequences, Which of the following options are correct?

A. Postpone the trial

B. Treat as if the plaintiff has withdrawn the lawsuit

C. Default judgment

D. Take coercive measures and the summons has not yet arrived The parties involved in the court shall appear in court

82. Regarding the legal agent ad litem, which of the following understandings are correct?

A. The power of agency is not obtained based on the authorization of the party he represents

B. In litigation, you can act on behalf of the principal to perform all litigation actions according to your own will

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C. Death during the litigation will have the same legal consequences as the death of the party involved

D. If the party represented acquires capacity during the litigation, the legal agent will be automatically transformed into Agent

83. According to the evidence theory, the Civil Procedure Law and relevant judicial interpretations, which of the following options are correct regarding witness testimony?

A. Minors with limited capacity may conditionally serve as witnesses

B. The reasonable expenses incurred by witnesses in appearing to testify shall be borne by the party providing the witness

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C. Witnesses who present their testimony when the court organizes the exchange of evidence between the two parties can be regarded as testifying in court

D. “Testimony given by minors that is not commensurate with their age and mental status” "It cannot be used alone as a basis for determining the facts of the case", which is a regulation on the probative force of witness testimony

84. Regarding the burden of proof, which of the following statements are correct?

A. Only when the authenticity of the facts to be proved is unclear, the consequences of the burden of proof will arise

B. For the same fact in the case, only one party has the burden of proof Responsibility

C. If the party fails to provide evidence to prove a certain fact it claims, it will bear the consequences of losing the case

D. The responsibility for the result of the burden of proof will not be mutual between the plaintiff and the defendant. Transfer

85. Company A applied to County Court A for a payment order because Company B defaulted on payment. After reviewing Company A’s application to comply with legal requirements, County Court A issued a payment order to Company B.

After receiving the payment order, Company B failed to fulfill its obligation to pay the goods within the statutory period. Instead, it filed a lawsuit with County A Court, requiring Company A to bear liability for breach of contract due to quality problems in the products it provided. Which of the following options are correct regarding this case?

A. The payment order is invalid

B. Company A can apply for enforcement with the payment order

C.A County Court should accept Company B’s lawsuit

D.A County Court should not accept Company B’s lawsuit

3. Indefinite multiple-choice questions. There must be at least one correct answer among the options set for each question. There will be no points for multiple choices, few choices, wrong choices or no choices. This section contains 86-100 questions, each question is worth 2 points, with a maximum score of 30 points.

(1)

Company A and Company B agreed that Company A would deliver 1 ton of medicinal materials to Company B, and Company B would pay 1 million yuan. Company B resold the medicinal materials to Company C and agreed that Company A would deliver the medicine to Company C. Company C should pay a price of 1.2 million yuan to Company B within 3 days after receiving the goods.

Zhang used his own car to provide mortgage guarantee for Company B’s claims and did not go through the mortgage registration. The mortgage contract stipulates: "When Company C fails to pay, Company B has the right to pay off its debts with the price of the sale of the car." Li issued a guarantee letter for the payment: "When Company C fails to pay, Li will be responsible Guarantee Liability”. After Company C received the medicinal materials, it failed to pay 1.2 million yuan to Company B as agreed. Company B claimed against Zhang to realize the mortgage rights and also required Li to bear the guarantee liability.

When Zhang saw this, he donated his car to Liu. Liu used the car as an investment, established Ding Hotel Co., Ltd. with Qian, and completed the investment procedures.

While driving the car to pick up hotel guests, Fang, an employee of Ding Company, hit and injured Zhao, a pedestrian, in order to avoid a retrograde motorcycle. Fang made his own decision to place the car at Company E for repairs in the name of Company D. In order to obtain a 20% discount on the maintenance fee, Fang purchased a new set of seat cushions for the car from Company Geng, which is related to Company E, in his name. After the car was repaired, Fang took the car to Ding Company and put it into operation. Company E requires Company D to pay the maintenance fee, otherwise it will exercise its right of lien on the car. Company D responds by asking for one week's grace. Geng Company asked Ding Company to pay for the seat cushion, but Ding Company refused. Please answer questions 86-91.

86. Regarding the validity of the contract signed between Company B and Company C, which of the following statements is correct:

A. The validity is to be determined

B. Set up for Company A The agreement to define obligations is invalid

C. Valid

D. Invalid

87. Regarding Company B’s request for the guarantor to assume liability, which of the following statements is correct:

A. Company B shall not file a lawsuit against Company C and Li at the same time

B. Li has the right of first-suit defense against Company B

C. B The company should first claim the mortgage right from Zhang

D. Company B can choose to claim the mortgage right from Zhang or claim the guarantee liability from Li

88. Handle it with Liu After the investment procedures, regarding the car owner, which of the following options is correct:

A. Company B

B. Zhang

C. Liu

D. Ding Company

89. Regarding the entity that should bear tort liability for the damage caused to Zhao, which of the following options is correct:

A. Fang

B. Qian and Liu

C. Ding Company

D. Motorcycle owner

90. Regarding the automobile maintenance contract, the following statements The correct ones are:

A. Fang constitutes management without cause

B. Fang constitutes agency without authority

C. Fang constitutes disposition without authority

D. Fang constitutes an apparent agent

91. Regarding seat cushion fees and maintenance fees, which of the following statements is correct:

A. Fang should report to Company Geng shall pay the seat cushion fee

B. Company D shall pay the seat cushion fee to Company Geng

C. Company D shall pay the maintenance fee to Company E

D. Company E has the right to lien the car

(2)

Zhang, Wang, Li and Zhao each contributed one-quarter of the capital to establish Tongcheng Bar (general partnership). The partnership agreement does not specify the partnership term. Now answer questions 92-94 focusing on matters such as partnership share transfer and bar management.

92. Half a year after the bar opened, Zhang had a conflict with other partners on the business philosophy and thought of quitting. Which of the following statements is correct:

A. His share can be transferred to Wang without having to inform Zhao and Li in advance

B. With the consent of Wang and Zhao Afterwards, transfer his share to Li's friend Liu

C. He can claim that something has happened that makes it difficult for him to continue to participate in the partnership, and request others to withdraw from the partnership immediately

D. On the premise that it will not adversely affect the partnership affairs, notify other partners 30 days in advance to withdraw from the partnership

93. One year after the bar opened, the business environment changed drastically, and all partners held a meeting to discuss countermeasures. According to the provisions of the "Partnership Law", the voting on the following matters is a valid vote:

A. Zhang thought that the word "Tongcheng" was not attractive and proposed to change it to "Tongsheng Bar". Wang and Zhao agreed, but Li objected

B. In view of the slow business, Wang proposed to suspend the business for one month for renovation and rectification. Zhang and Zhao agreed, but Li objected

C. In view of the urgent need of the bar, Zhao proposed to sell a batch of coffee machines to the bar. Zhang and Wang agreed, but Li objected

D. In view of the lack of knowledge among the four people in bar management, Li proposed to appoint his friend Wang as the partnership manager.

Zhang and Wang agreed, but Zhao objected

94. With the consent of all partners, Lin was appointed as the bar manager. During his employment, he decided to take the following management measures in compliance with the "Partnership" The Enterprise Law stipulates:

A. In order to change the business structure and expand influence, expand the business scope to French red wine agency sales business

B. In order to change the situation of insufficient capital flow, Use the real estate of the bar as collateral to borrow 500,000 yuan from a bank

C. To create an atmosphere, sign a contract with a musician in the name of the bar and agree that the musician will perform at the bar for 2 hours every night

D. In order to rectify employee work discipline, we fired two employees who were often complained by customers and recruited three new employees

(3)

July 11, 2011, A The Shenghu District Court of the city accepted the divorce case between Liming Li (female) and Zhang Chenggong (male). On July 13, the Shenghu District Court served Zhang Chenggong a copy of the complaint. On July 18, Zhang Chenggong submitted a reply to the Shenghu District Court and did not raise any objection to the jurisdiction of the case. On August 2, Zhang Chenggong filed a jurisdiction objection application with the Shenghu District Court, saying that he and Liming Li had been separated for 2 years and lived in their parents' homes in Anping District, City A. The Shenghu District Court of City A ruled to reject Zhang Chenggong’s application for jurisdictional objection on the grounds that the application for jurisdictional objection exceeded the application deadline. Afterwards, the Shenghu District Court found out the situation and ruled to transfer the case to the Anping District Court. The Anping District Court accepted the transfer and decided to apply summary procedures to hear the case.

The Anping District Court organizes mediation when the case is heard in court.

Li Mingli claimed that in December 2005, she married Zhang Chenggong. Later, because Zhang Chenggong had a third party, Chen Jia, their relationship broke down and she now wants a divorce. Liming Li proposed that after the divorce, she would exercise custody of her son Zhang Haoshuai, and Zhang Chenggong would pay a monthly alimony of 1,500 yuan. Currently, both parties have a deposit of 360,000 yuan (the passbook is in the hands of Zhang Chenggong), which will be divided equally between the two. Daily necessities belong to each of them. There is no other dispute over the division of property.

Zhang Chenggong admitted: In December 2005, he married Liming Li, and now he has a third party. He has a deposit of 360,000 yuan in his own hands. He agrees to divorce, agrees that daily necessities belong to each of them, and agrees not to. There are other disputes over property division. He did not agree to pay alimony to Zhang Haoshuai because he was the child of Liming Li and her ex-boyfriend.

Li Liming admitted: Zhang Haoshuai was born to her and her ex-boyfriend. However, according to the household registration, Zhang Chenggong and Zhang Haoshuai are father and son. Over the years, they have been in harmony with each other, forming a de facto father-son relationship. Therefore, Zhang Chenggong was required to pay alimony.

Mediation failed to reach agreement. In the subsequent court hearing, Liming Li insisted on her request; Zhang Chenggong recognized most of the facts admitted in the mediation and the consent request, but denied the existence of a third party and still refused to pay alimony to Zhang Haoshuai. Liming Li requested the court to notify the third party, Chen Jia, to participate in the lawsuit as a third party without independent claim rights.

The Anping District Court made a judgment: the marriage relationship between Liming Li and Zhang Chenggong was dissolved; Liming Li exercised the custody of Zhang Haoshuai, and Zhang Chenggong paid a monthly alimony of 700 yuan; the deposits were divided equally between the two parties, and daily necessities belonged to individuals. All, there is no other dispute over property division. Based on the fact that the defendant admitted that he had a third party during the mediation, the court determined that the relationship between the two parties broke down and Zhang Chenggong was at fault. Please answer questions 95-100.

95. Regarding the jurisdiction of this case, which of the following options is correct:

A. Zhang Chenggong’s exercise of the right to object to jurisdiction complied with the provisions of the law

B. Zhang Chenggong claimed The reasons for the jurisdictional objection complied with the legal provisions

C. The rejection of Zhang Chenggong’s jurisdictional objection by the Shenghu District Court complied with the legal provisions

D. The transfer of the case by the Shenghu District Court complied with the legal provisions

96. Regarding mediation in this case, which of the following options is correct:

A. The court’s practice of mediating first during the trial is in compliance with the law or judicial interpretation

B. The court Failure to organize mediation first during the court hearing will violate the law or judicial interpretations

C. If the parties have not reached a mediation agreement, the court can organize mediation again with the consent of the parties

D .The parties did not reach a mediation agreement, and the court did not organize mediation again. It is illegal

97. Regarding Liming Li’s request for Chen Jia to participate in the litigation as a third party without independent claim rights, the following options are correct:

A. The court can, based on Liming Li’s request, rule that Chen Jia is added as a third party without independent claim rights

B. If Zhang Chenggong agrees, the court can notify Chen Jia that she has no independent claim rights. Participating in the litigation in the name of a third party

C. Regardless of whether Zhang Chenggong agrees or not, it is wrong for the court to notify Chen Jia to participate in the litigation in the name of a third party without independent claim rights

D. If Chen Jia agrees that the court can notify Chen Jia to participate in the lawsuit in the name of a third party without independent claim rights

98. The following admissions by the parties do not constitute self-admission in the evidence system:

A. Zhang Chenggong admitted that he was married to Liming Li

B. Zhang Chenggong admitted that the family deposit of 360,000 was in his own hands

C. Zhang Chenggong agreed that daily necessities belong to each of them

D. Liming Li admits that Zhang Chenggong is not Zhang Haoshuai’s biological father

99. The following options that can be used as the basis for the court’s judgment are:

A. Zhang Chenggong Admits that she and Liming Li have no other property division disputes

B. Zhang Chenggong admits that the family’s deposit of 360,000 is in his own hands

C. Liming Li proposes that Zhang Chenggong should pay Zhang Haoshuai’s monthly support The claim for a fee of 1,500 yuan

D. Zhang Chenggong admitted during the mediation that he had a third party

100. Regarding the content that should be notified to both parties when the court pronounces the judgment, which of the following options is correct? Yes:

A. Right of appeal

B. Period of appeal

C. Court of Appeal

D. No other marriage is allowed before the judgment takes effect

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