Schools in various countries: 50 questions, answers and analysis of civil law test questions 4

35. Xing entered into a sales contract with Niu. The two sides agreed in the contract that Xing must pay a deposit of 200,000 yuan to Niu on June 30. On June 30th, Mou Xing didn't pay the deposit, but he still didn't pay it after Niu's urging. In this regard, which lawsuits of Niu requested the court not to support? ( )

A. Request to terminate the sales contract. B. Request Xing to bear the liability for breach of contract.

C. Ask Xing to pay a deposit of 200,000 yuan. D. Ask Xing to pay a deposit of 200,000 yuan and overdue interest.

36. Zhao Hai and Ma Min got married on June 1992+00. In June 2002, 165438+ 10, the two parties agreed to divorce, but there was a dispute over the distribution of property. Please judge which of the following properties do not belong to both husband and wife? ( )

A. A set of combined furniture purchased by Zhao Hai with demobilization fee before marriage and used after marriage.

B. Ma Min inherited before marriage and used three houses under management after marriage.

C. 65438+ Zhao Hai's friend gave him a video camera in early 0992.

D. Ma Min's manuscript of multi-episode TV series that has not been finalized.

37. Li asked Company A to move for him. In the process of moving, one of his mobile phones was stolen by company employee A, and Li's TV set was broken by company employees B and C in the process of moving. To this end, Li had an argument with the two men. I don't know who knocked down a flowerpot and injured Ding who was passing by. The following statement is correct: ()

A. Company A shall be liable for breach of contract to Li.

B. The dispute between Li and B/C, which caused the flowerpot to fall and hurt Ding, is a dangerous behavior, and each should bear corresponding responsibilities.

C. The company should be responsible for the loss of Li's mobile phone, because the risk of mobile phone theft is brought by the company, and the company should

When taking responsibility for this risk

D. The company is not responsible for Li's lost mobile phone, because A's behavior is not a job behavior.

38. Tian bought a washing machine in a shopping mall (the shopping mall knew there was a quality problem with the washing machine but didn't declare it). One year and four months later, there was a quality problem and he was injured by electric leakage. Tian wants to sue, and the following can be supported by the court: ()

A. bring a lawsuit for breach of contract according to General Principles of Civil Law and Contract Law.

B. Bring an infringement lawsuit according to the product quality law

C. cancel the sales contract according to the requirements of major misunderstanding.

D. cancel the sales contract according to the fraud claim.

39. There is a loan contract between Party A and Party B, and creditor B requires Party A to provide corresponding guarantee. Later, Party A asked Party C to provide a guarantee and signed a guarantee contract. The following statement is correct: ()

A. If the loan contract is valid and the guarantee contract is invalid due to Party C's violation of the law, Party A and Party C shall bear the losses of Party B..

Bear joint and several liability for compensation

B if the loan contract is valid and the guarantee contract is invalid due to the reasons of party b and party c, the responsibility of party c shall not exceed that of party a.

Pay off half the debt

C. If the loan contract is invalid, Party C shall not bear civil liability.

D. After Party C assumes the liability for compensation for the invalid guarantee contract, it cannot recover from Party A..

40. At a handicraft fair held in a city, A stopped in front of a very delicate fat bear made of sawdust (owned by C) and said to her boyfriend B, "This bear is so cute, I want to take over." B hesitated and gave it to A. As a result, it accidentally fell to the ground and broke into a pile of sawdust. B in the process of cleaning up, I bumped into an old man in a hurry and spent 1000 yuan on medical expenses. The following statement is correct: ()

A party a and party b shall be jointly and severally liable for the medical expenses of the elderly.

B. party a is not responsible for the medical expenses of the elderly.

C. Party A and Party B shall be jointly liable for the losses of Party C..

D. The losses of Party C shall be borne by Party A and Party B respectively, and Party B shall bear the main responsibilities.

Third, indefinite multiple choice questions

A magazine published a positive photo of a fake diploma with explanatory text beside it in a report exposing the proliferation of fake diplomas in society. There is a lady (A) in the background of the photo, accounting for about one third of the photo, and her face is clearly visible. At work the next day, someone showed me a magazine. When I saw the photo, my colleagues cast surprised eyes. Ms. A is very angry. I don't know why there is such a photo. Later, I learned that I was accidentally photographed while walking on the road. According to the survey, this batch of magazines has just sold a small part. A brings a lawsuit to the people's court.

4 1. What rights did the magazine infringe on Ms. A in this case? ( )

A. Portrait right B. Reputation right C. Personal dignity right D. Honor right

42. Which of the following requirements should be supported? ( )

A. ask the magazine to stop publishing the remaining newspapers immediately.

B. ask the magazine to apologize in a prominent position in the newspaper.

C. Ask the court to confirm that the magazine violated his right to portrait and reputation.

D. claim compensation of 654.38 million yuan for mental damage.

43. In response to the above claims, the magazine put forward the following claims, among which the correct ones are: ()

A. Request to add photographers as defendants

B magazine thinks that there is an agreement between itself and the photographer, and the photographer has tort liability, which the magazine should not bear.

responsible

It was an accident that Ms. C.A was photographed, and the magazine was not at fault and did not assume responsibility.

D. the magazine's behavior did not cause serious damage to Ms. A, and compensation should not be paid.

A was born in May. 1980. Parents divorced at the age of 5, and A has been living with his father. 1August, 997 10, when Party A was in high school, he quarreled with his classmate B on the way after school and injured Party B, which caused Party B to spend 5,000 yuan on medical expenses; Afraid of the teacher's criticism, he skipped class and wandered around the village. On the way, he saw a flower dog sleeping at the door of a family. There is a child C (1 1 year old) playing next to him. A encouraged C to stone the dog. As a result, the dog jumped at C after being beaten, and C ran away quickly. It happened that a passerby passed by and was bitten by a dog. Afterwards, Ding and B's father both consulted A's father. Because of A's father's bad attitude, Ding filed a lawsuit with the court on June 5, 65438, demanding compensation for his medical expenses. B's father and A's father have a good relationship. After the negotiation failed, he sought mediation from the village committee in March. 1998. After mediation failed, a lawsuit was filed in June. 1998+00. At this time, A has graduated from high school, because he didn't go to college and worked in a repair shop.

44. In this case, who should bear the medical expenses of Party B? ( )

A. it shall be borne by party a.

B.it should be borne by A's father.

C. it is mainly borne by a's father. If the school is at fault, it may be ordered to give appropriate compensation.

D. mainly borne by the school. If Father A is at fault, he may be ordered to make appropriate compensation.

45. Who should bear Ding's medical expenses? ( )

A. mainly borne by a's father,

B.c.' s guardian will take the appropriate part.

C. it is mainly borne by the owner of the dog, and A's father bears the appropriate part.

D. It is mainly borne by the owner of the dog, and A's father and C's guardian bear the appropriate part.

46. When Ding exercises the right of claim for infringing debts, the limitation period of action starts from the day when he knows the cause of infringement: ()

A. 1 year B.2 years

C. Up to 20 years. D.4 years

On September 5, 2004, Company A sent an offer to Company B to order mobile phones, requiring Company B to reply before June 0, 2004. 10 At the beginning of June, the market price of this mobile phone dropped sharply. Company A informed Company B: "The price of the goods listed in the previous order is invalid, so. After receiving the notice, Company B immediately wrote back on June 3rd 10, indicating that it did not agree to the price reduction and accepted the previous order. Under normal circumstances, this letter can arrive on June 8, 10. However, due to the strike of post office workers, Company A did not receive a reply until June 5 10, and immediately replied: "The first order has been cancelled and the acceptance is invalid. Company B will reply to the first order immediately and cannot cancel it. 1October 20th 10, Company A sent a letter again, and Company B's contract was overdue and the contract was not established. Please answer questions 47 to 50.

47. The notice at the beginning of a company 10 is valid: ()

A. this is a new proposal;

B. It is the cancellation of the original offer, and the cancellation is valid;

C. it is to cancel the original discount. If company B raises an objection to this in time, the cancellation is invalid;

D. it is to cancel the original discount. If Company B fails to raise an objection to this in time, the cancellation will be effective;

48.654381October 3rd Company B replied: ()

A. It is valid because it did not exceed the validity period when it arrived;

B. it is invalid, because the validity period has passed, and Company A raises an objection in time;

C. no, because the offer has been revoked;

D is valid, because under normal circumstances, the letter could have arrived within the validity period of the offer, while company A

Failing to raise an objection in time on the grounds of overdue;

49. If Company B did not accept the original order in the letter sent on October 3rd, 65438/KLOC-0, then: ()

Company A.B still has the right to accept the original order, as long as the acceptance notice reaches Company A before 10.

Company b still has the right to accept the original order, as long as the acceptance notice reaches company a before 654381October 20.

C Even if Company B does not accept the original order before 10, it can still reduce the price by 20% before 10.

accept an order

D if company b fails to accept the original order before 10 10/month 10, it cannot accept the order again.

50. In the letter sent on October 3rd, 65438/KLOC-0, Company B agreed to reduce the price by 5%, so this letter: ()

A. constitute a valid B. constitute a counter-offer

C. it is deemed that company a has agreed to cancel the original offer. D. it is regarded as rejecting a company's new offer.