Judicial Examination Paper 3 Complete Simulation Questions and Answers

1. Single-choice questions (there is only one correct answer among the options given in each question. Each question is 1 point, *** 50 points. )

1. Which of the following are regulated by civil law: ( )

A. A invited B to travel together, but later A canceled the travel plan.

B. Citizen A and Company B sign a contract for the sale of voles

C. The tax bureau overcharged individual industrial and commercial household A by 500 yuan in taxes

D .The Industrial and Commercial Bureau revoked the business license of a certain company

2. A negligently injured B on May 5, 2005. B spent 5,000,000 yuan in medical expenses to treat the injury. On March 6, 2006, B sued A for compensation of 5,000,000 yuan in medical expenses. After investigation, A was born on March 2, 1988. After graduating from junior high school, he has been unemployed at home with no financial income. His father works in an administrative agency. How should this case be handled? ( )

A. Li bears civil liability, but he needs to pay compensation after he has financial income

B. Li’s father bears the responsibility, because Li has no financial income

C. Li’s father only bears part of the responsibility, and Li bears the rest

D. Li has no financial income, but Li has no financial income. His father paid in advance

3. Company A handed over a batch of air conditioners worth 600,000 yuan and whose ownership was retained by company C to warehouse B for storage, with a storage fee of 50,000 yuan. Company A failed to pay on time. Warehouse B retained goods worth about 60,000 yuan and notified Company A, requiring payment within one month. One month later, Company A still had not paid, so Warehouse B auctioned the lien items in accordance with the law and received 55,000 yuan. After deducting the storage fee of 50,000 yuan and other expenses of 3,000 yuan, the remaining 2,000 yuan was returned to Company A. Company A stated that they were not notified of the matter and they could not accept the handling by Warehouse B. Company C also raised objections to the behavior of Warehouse B. In this incident, what is the illegal behavior? ( )

A. Warehouse B retained an air conditioner worth 60,000 yuan

B. Warehouse B required Company A to pay within one month

C. Warehouse B auctioned the goods without notifying Company A

D. Warehouse B deducted 53,000 yuan before returning 2,000 yuan to company A

4. Natural persons A and B are husband and wife and have a minor son C. One year, A and B divorced. Later, B died of illness. Before B's death, because he was afraid that A's violent personality would affect his son's healthy growth, he designated B's sister Ding as C's guardian. A files a lawsuit in court, requesting to be C's guardian. C's grandfather E also requested to be C's guardian. Who should be appointed by the court as the guardian: ( )

A. A

B. D

C. E

D. A's Friend

5. One of Manager Wang’s computers was damaged and he asked his assistant Zhang to throw it into the garbage bin. After moving the computer to the garbage dump, Zhang thought that instead of throwing it away, he would take it home and repair it for his son, so he moved the computer home, and after repairing it, it can be used normally again. After Manager Wang learned that the computer could be used normally, he asked Zhang to return it. Which of the following statements are correct? ( )

A. Zhang cannot obtain ownership of the computer

B. Zhang obtains ownership of the computer based on the original

C . Zhang inherited the ownership of the computer

D. Wang still enjoyed the ownership of the computer

6. A was commissioned by B and painted a portrait for B. The two parties did not agree on the copyright ownership of this painting. After B's death, his heir C sold the painting to D. Ding copied and sold the painting without anyone's consent.

Which of the following statements about Ding’s behavior is incorrect: ( )

A. Ding’s behavior was a legal exercise of rights

B. Ding infringed A’s copyright

C. Ding infringed B’s copyright

D. Ding infringed C’s copyright

7. A rented out one of his houses to B to live in. While B was living there, a flower pot on the balcony of the house fell, injuring Xing C downstairs. C spent 10,000 yuan in medical expenses for treatment. Which of the following statements is correct? ( )

A. Because A is the owner, A should bear the liability for damages to C

B. B is not at fault for C’s damages Responsibility, C’s damages should be compensated

C. A. B should be jointly and severally liable for C’s damages

D. If B can prove that he is not at fault, he will not be liable to C

8. The trademark used by Company A on one of its products used the pattern of a cartoon by cartoonist Yang, without obtaining Yang’s consent or paying him any remuneration. On May 12, 2003, Company A applied to the Trademark Office for registration of the trademark for this product. On May 30, 2003, the Trademark Office announced the trademark after preliminary approval. As of August 30, 2003, no one raised any objection, and the Trademark Office approved the registration on September 1, 2003, issued Company A a trademark registration certificate, and made an announcement. Which of the following statements is correct: ( )

A. The registration procedure of the Trademark Office violates the provisions of the Trademark Law

B. If the Trademark Office rejects Company A’s application, it will not announce its Trademark and notify Company A in writing, Company A may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice

C. If Company A is dissatisfied with the decision of the Trademark Review and Adjudication Board in the preceding paragraph, it may voluntarily File a lawsuit in the People's Court within 15 days from the date of notification

D. Yang can request the Trademark Review and Adjudication Board to rule on the cancellation of the registered trademark within three years from the date of trademark registration

9. A certain partnership is named "Lulutong Freight" and is operated by A, B and C. A invests 50, B invests 30 and C invests 20. A is the person in charge. Ding Enterprise owes Passepartout Freight 140,000 yuan in freight, which has not been repaid when due. A, B, and C have asked for it many times, but they can't get it. After E heard about this, he expressed to A that he was willing to accept the creditor's rights at a price of 100,000 yuan. A thought that they really did not have the energy to realize the creditor's rights from Enterprise D. It was a good idea to transfer the creditor's rights to Enterprise C for 100,000 yuan, so they signed a creditor's rights transfer contract with Enterprise C and notified Enterprise D. After B and C knew about it, Firmly oppose it.

Which of the following statements is correct: ( )

A. A’s transfer of creditor’s rights is valid

B. A’s transfer of creditor’s rights is invalid because B. The person's consent

C. A has the right to transfer his own share, but not the shares of B and C

D. The validity of A's transfer of creditor's rights has not been determined, and B must obtain .The agreement will only come into effect with the consent of two persons C

10. Which of the following is a corporate legal person: ( )

A. A computer sales company in Beijing

B. Beijing “One” Charity Foundation

C. A certain municipal government

D. A certain city’s TV station

11. Which of the following does not fall under the civil law? Object: ( )

A. The sun

B. Human blood

C. Natural forces that can be controlled by people, such as electricity, heat, magnetism, etc.

D. Watch

12. Which of the following statements about specific objects and types of objects is incorrect: ( )

A. Lease legal relationship Only specific things can be the object

B. The legal relationship of money and lending can only have specific things as the object

C. If the specific thing is lost before it is delivered to the other party, the obligation can be exempted A person’s obligation to actually return the original object

D. Kinds of objects do not need to be specified and may be transformed into specific objects

13. The following statements about the relationship between legal acts and expressions of intention: The correct answer is: ( )

A. A unilateral commitment to a legal act consists of only one expression of intention

B. A unilateral commitment to a legal act does not necessarily consist of two expressions of intention

C. A legal act in remnant can only be constituted by an expression of intention, and no other act is required

D. Expression of intention and a legal act are synonymous

14. A and B are friends. In February 2002, A lent his computer to B. In April of the same year, A and B signed an agreement, agreeing that if B could quit smoking for six months, the computer would be donated to B. From the date of the agreement to October of the same year, B did not smoke a cigarette. On New Year's Day in 2003, A called B and said: "The computer is yours." Asked when the ownership of the computer was transferred from A to B: ( )

A. February 2002

B.April 2002

C.October 2002

D.New Year’s Day 2003[NextPage]

15.A Leave one of your rings in place B. Because B did not have much money, he lied that it was his ancestral property and was willing to sell it to C for 3,000 yuan. B believed it to be true and bought it immediately. Which of the following statements is correct: ( )

A. C originally obtained ownership of the ring

B. B has no right to possess the ring

C. A can ask C to return the ring unconditionally, because A is the owner

D. The sales contract between B and C is invalid

16. Construction company A and company B sign a construction contract The contract stipulates that A will build an office building for B within one year. The project cost is 5 million, which will be paid within one year after the completion of the project. Bank C acts as a joint guarantor to provide guarantee for the project payment of 2 million yuan. Four months later, A felt unable to deliver the project within the agreed time limit, so he negotiated with Company B for an extension. Company B agreed, and the two parties re-agreed that the project delivery deadline would be extended by 3 months, but the project payment would be reduced by RMB 400,000. Unexpectedly, because Company A purchased a batch of high-performance equipment, the progress of the project greatly increased, and it was completed within one year and handed over to Company B for acceptance. However, Company B was unable to pay when due, so A sued C, who claimed to be exempted from guarantee liability on the grounds that A and B changed the main contract without its consent.

Which of the following statements is correct: ( )

A. C no longer bears the warranty liability because the guarantee contract is invalid due to changes in the main contract

B. C is only responsible for 500,000 yuan Bear liability within the scope

C. C only bears liability within the scope of 4.6 million yuan

D. C still bears liability within the scope of 5 million yuan

17. Which of the following causes of debt are factual acts? ( )

A. Contract

B. Unilateral promise

C. Donation Behavior

D. Unreasonable management and unjust enrichment

18. Party A and Party B signed a pork sales contract, agreeing to deliver the goods in February 2007. Party A delivered the goods on schedule in February, but Party B has yet to pay. When Party B delayed payment in August, pork prices rose. Which of the following options is correct? ( )

A. Party B shall pay for the goods at the original contract price

B. Party B shall pay for the goods at the new price

C. The contract payment should be renegotiated before it can be determined

D. Party B should pay double the original contract price

19. In May 2004, A borrowed 100,000 from the bank to do business. Yuan, with a term of 2 years, but due to poor market conditions, all the money was lost. In March 2005, in order to avoid bank debt, A gave his valuable electrical appliances to his wife and brother B, and sold his house worth 40,000 yuan to his neighbor C for 10,000 yuan. C knew that A's debt was coming soon. period but still bought the property. In addition, A's debt of 20,000 yuan to C had reached the repayment period in February 2004, but Li told C that he would be exempted from the debt. In May 2005, the bank found that Li had basically nothing and sued the court. The court found out the above facts. Which of the following statements is incorrect? ( )

A. The bank can request the court to revoke the revocation. Li’s above-mentioned behavior that is harmful to his creditor’s rights

B. The bank should request to cancel Li’s above-mentioned behavior from May 2005 to May 2006

C. The bank shall exercise its revocation The legal fees incurred by the bank shall be borne by Li

D. If the bank only names Li as the defendant, the court can add A, B and C as third parties during the lawsuit

20 .A suffered a work accident in the factory. The factory and A agreed to compensate A 100,000 yuan, but the compensation has not yet been paid. A used to owe B 100,000 yuan. He felt that he was no longer able to work and could not pay off B's ??debt, so he told the factory to give the 100,000 yuan directly to B, and he also told B. In this regard, which of the following statements is correct? ( )

A. B can claim the 100,000 yuan from the factory

B. B cannot claim rights from the factory, because according to the right nature and cannot be transferred

C. The factory should not pay B 100,000 yuan because the transfer of the creditor's rights did not obtain his consent

D. B cannot claim rights against the factory because the creditor's rights The transfer violates public order and good customs and is invalid

21. Company A and Company B signed a long-term sales contract, stipulating that Company B will provide goods to Company A in installments. During the contract performance period, Company B was divided into two companies, C and D. Company B then proposed to terminate the contract with Company A, but Company A disagreed. Company B unilaterally terminated the contract, causing considerable losses to Company A. Company A filed a lawsuit in court, demanding that B continue to perform the contract and compensate for the losses. During the court proceedings, Company B was officially divided into two companies, C and D.

Which statement about this case is correct? ( )

A. Due to the division of Company B, Company B has the right to terminate the contract

B. The court should rule to terminate the contract, and Company A The loss will be borne by Bing and Ding

C. Company B can transfer the rights and obligations of the contract without the consent of Company A

D. The court should not order the termination of the contract, and the rights and obligations of the contract should be transferred to Bing and D are jointly and severally liable for A's losses

22. Shopping mall A published an advertisement in a newspaper, stating: It sells a 27-inch color TV set for one yuan, and is willing to sell it on a certain day of the month. The first customer to come to the mall makes the transaction. B was the first to arrive at the mall in the morning and asked to buy the color TV, but was refused. Which of the following statements about this case is correct? ( )

A. The shopping mall has the right to refuse the sale because the advertisement for selling goods is an invitation to offer

B. The shopping mall has the right to refuse Sale, because entering into a contract would be unfair

C. The shopping mall has no right to refuse the sale, because the advertisement of the goods for sale in the shopping mall includes the main terms of the contract and is an offer

D. The shopping mall There is no right to refuse the sale, because advertisements for selling goods in shopping malls are reward advertisements, and reward advertisements have the effect of offers

23. A and B held a wedding ceremony on October 1, 2000. On the same day, A handed over a roll of film for filming a wedding event to a color printing company for printing, and paid a printing fee of 24 yuan in advance. The color printing company issued a printing order and handed it to A. The words "In case of accidental damage or loss, our store will compensate for one roll of film of the same type and number or equivalent value in cash" is pre-printed on the printing slip. The film was later lost by the color enlarging company. A asked for compensation for mental loss, but the color printing company quoted the exemption clause and only agreed to compensate for one roll of film. Which of the following views is correct? ( )

A. The color enlargement company is only responsible for refunding the enlargement fee and compensating for similar films of the same number or equivalent value in cash

B. Should In accordance with the provisions of the "Contract Law" and relevant laws, the exemption clause on the printed form is determined to be invalid

C. The liability clause on the printed form should be confirmed to be unfair and revoked or changed in accordance with the provisions of the "Contract Law"

D. The color enlarging company breached the contract and lost precious commemorative photos, so it should compensate A for mental losses