1. Company A developed a pre-sale house next to the city park. Nearly 100 people, including B and C, paid a one-time payment for the house, totaling nearly 80 million yuan. However, Company A has not started construction yet and has no hope of delivering the house on time. House buyers B, C and others went to company A to negotiate collectively several times, but to no avail, almost triggering a mass incident. Faced with skyrocketing housing prices, buyers B and C were forced to buy another house, so they had no choice but to sign a "Refund Agreement" with Company A, promising to waive the payment requirements for huge amounts of interest and liquidated damages and receive back the original purchase money. After consultation, house purchasers B, C and others sued Company A. Which of the following statements accurately reflects the relevant requirements of fairness and justice?

A. Although the "Refund Agreement" is the true expression of the parties' intentions, for the sake of balance, the court should change the agreement based on the request of the house purchaser, and Company A should pay interest and liquidated damages

B. The "Refund Agreement" was entered into by Company A under coercion of B, C and others. To ensure legality and reasonableness, the court should declare the agreement invalid at the request of the house purchaser, and Company A should pay interest and liquidated damages

C. The conclusion of the "Refund Agreement" is obviously unfair. In order to protect the interests of the house purchaser, the court should revoke the agreement at the request of the house purchaser and Company A should pay interest and liquidated damages

< p>D. The "Refund Agreement" harms the interests of the public. In order to ensure the balance of interests, the court should revoke the agreement at the request of the house purchaser, and Company A should pay interest and liquidated damages

2 B needs a kidney transplant due to illness, and his brother A's kidney happens to be a successful match. A, B's parents and A both agree that A will donate the kidney. Because A is a mental patient, the hospital refused to handle the case. After A dies unexpectedly, A's and B's parents decide to donate A's kidney to B. Which of the following statements is correct?

A. A’s decision to donate his kidney to B is valid

B. Before A’s death, his parents’ decision to donate A’s kidney to B is valid

< p>C. After A’s death, his parents’ decision to donate A’s kidney to B is valid

D. After A’s death, his parents’ decision to donate A’s kidney to B is invalid

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3. Wang is the legal representative of Company A, and issued a written offer to Company B in the name of Company A, willing to sell a Qing Dynasty jadeite of Company A for 100,000 yuan. Wang died unexpectedly 2 hours after the letter was sent, and Company B responded to the letter saying it was willing to buy it at that price. The new legal representative of Company A refused on the grounds that Wang was dead and without the consent of the board of directors. Which of the following statements is correct regarding this offer?

A. Invalid

B. Validity to be determined

C. Cancellable

D. Valid

4 .A entrusts B to sell and deliver a batch of jewelry, and B entrusts it to C with A's consent. C signed a sales contract with Ding in his name, agreeing to sell the jewelry to Ding at a price 10% higher than the market price and give him a batch of bags as a gift. C therefore signed a luggage sales contract with E. Bing delivers jewelry to Ding as agreed, but because E cannot deliver the luggage to C, C is unable to deliver the luggage to Ding. Ding refused to pay C for the jewelry. Which of the following statements is correct?

A. B’s subcontracting act is invalid

B. The sales contract signed by C and D directly binds A and D

C. C should disclose it to A D. A can exercise C’s rights against D

D. C should disclose E to D, and D can exercise C’s rights against E

5. Regarding the interruption of the statute of limitations, Which of the following options is correct?

A. A owes B 100,000 yuan but has not yet paid it due, and B requires A to repay 80,000 yuan first. B's behavior only resulted in the interruption of the statute of limitations for a debt of 80,000 yuan

B. A and B are jointly and severally liable for 100,000 yuan in compensation for C's mutual infringement, and C requires A to bear 80,000 yuan. Yuan. C's behavior resulted in the suspension of the statute of limitations for the joint and several debts borne by A and B against C.

C. B owed A 80,000 yuan, and C owed B 100,000 yuan. A filed a subrogation lawsuit against C. A's behavior will not interrupt the statute of limitations for C's debt action against B

D. B owes A 100,000 yuan, and A transfers the creditor's rights to C. From the day A and C signed the creditor's rights transfer agreement, the statute of limitations for B's debt of 100,000 yuan was interrupted

6. Zhou purchased a car from Schindler Automobile Trading Company, and it was agreed that Zhou would try it out for 10 days. , go through the registration and transfer procedures within 3 days after the trial period expires. During the probation period, Zhou violated traffic rules and hit Li seriously. Now Zhou is in difficulty and unable to compensate.

Regarding the damage suffered by Li, which of the following statements is correct?

A. Because the car was not delivered during the trial period, Li has the right to request compensation from Schindler

B. Because the car has not been transferred, Li did not know that the car had been sold. The right to request compensation from Schindler

C. Li has the right to request compensation from Zhou because Zhou is the user of the car

D. Li has the right to request compensation from Zhou and Schindler Company are jointly and severally liable for compensation, because Zhou and Schindler Company are *** the same infringers

7. Tongsheng Company used a set of equipment worth 1 million yuan as collateral to borrow money from A 100,000 yuan, and the mortgage registration procedures have not been completed. Tongsheng Company borrowed another 800,000 yuan from B, used the equipment as a mortgage, and went through the mortgage registration procedures. Tongsheng Company owed C a payment of 200,000 yuan and pledged the equipment to C. C accidentally damaged the equipment and sent it to Ding for repair. Because he owed Ding 50,000 yuan for repairs, the equipment was retained by Ding. Regarding the order in which A, B, C, and D pay off the security rights they enjoy over this set of equipment, which of the following arrangements is correct?

A. A, B, C and D

B. B, B, D and A

C. C, D, A and B

D. >

8. When a property owner encounters some kind of obstruction in the realization of his rights, he has the right to request the person who caused the obstruction to remove the obstruction, which is called a property right claim. Regarding property claims, which of the following statements is incorrect?

A. It is a behavioral claim that is independent of property rights

B. The relevant provisions of creditor's rights can be applied

C. It cannot be separated from property rights. Exists alone

D. Must be conducted in the form of litigation

9. Pan and Liu met for a trip. Pan found a strange stone on the bank of the Yangtze River. He couldn't put it down and planned to take it home. Liu said that the Property Law stipulates that rivers belong to the state, and this behavior may constitute an infringement of state property. Regarding whether Pan can obtain ownership of the strange stone, which of the following statements is correct?

A. No, because the stones are components of the river, and the Yangtze River belongs to the state. After the stones are separated from the river, they still belong to the state.

B. Yes, because even if the Yangtze River belongs to the state, , but the stone is an independent object, and its ownership can be obtained with the permission of the relevant department

C. No, because even if the stone is an independent object, the Yangtze River belongs to the state, and the stone also belongs to the state property

< p>D. Yes, because even though the Yangtze River belongs to the state, the stone is an independent object without an owner, and its ownership can be obtained according to the custom of first possession

10. Company A borrowed 10 million yuan from the bank, and B Company and Company C issued guarantee letters to the bank respectively: "When Company A fails to repay the principal and interest of 10 million yuan on time, the company shall bear the guarantee responsibility." Regarding the guaranteed debts of Company B and Company C to the bank, which of the following statements is correct? ?

A. It is a debt of choice

B. It is a joint debt

C. It is a debt of share

D. The debt of the majority

11. The loan contract drawn up by Party A and Party B stipulates that A borrows 110,000 yuan from B, and the loan period is one year. Before signing, B requires A to provide guarantee for the loan contract. C agreed to guarantee at A's request and signed the guarantor column of the loan contract. The guarantee period was one year. A hands over the loan contract with guaranteed signature to B. B requires an interest of RMB 10,000 to be deducted from RMB 110,000 in advance and the loan period and guarantee period to be extended to 2 years. A agrees, both parties sign, and B delivers 100,000 yuan to A as agreed. Which of the following statements is correct?

A. C’s warranty period is 1 year

B. C does not need to bear warranty liability

C. C should bear joint and several warranty liability

< p>D. C shall be responsible for guaranteeing the principal and interest of 100,000 yuan

12. Company A has a creditor's right against Company B of 100,000 yuan, and Company B has a creditor's right against Company C for 200,000 yuan. Company A transferred its creditor's rights to Company D and notified Company B. Company C transferred its debt to Company E without Company B's consent.

If Company D files a subrogation lawsuit against Company E, which of the following defense grounds of Company E can be established?

A. Company A transferred its debt without the consent of Company B

B. Company C transferred its debt without the consent of Company B

C. Company B has requested that Company E The company repays its debt

D. The debt dispute between Company B and Company C is subject to arbitration clauses

13. Company A and Company B signed a merger and acquisition agreement: "Company A signed a merger agreement with Company B for 100 million Company B acquires 51% of Company B’s equity in Company C. If Company A fails to pay the acquisition price after the equity transfer, Company B has the right to terminate the merger agreement. Company B subsequently performed the contract, but Company A failed to pay any money. Company B sent a notarized "Notice" to Company A: "In view of your company's serious breach of contract, it is recommended that both parties terminate the agreement and you pay us liquidated damages; or you propose a solution." Three days later, Company B again Send a "Notice" to Company A: "In view of your company's serious breach of contract, we now terminate the agreement and require you to pay liquidated damages as agreed." Which of the following options is correct?

A. After the "Notice" is served, the merger agreement is terminated

B. After the "Notice" is served, the merger agreement is terminated

C. Company A's Company B’s right to terminate the M&A agreement may not be objected

D. Company B cannot not only request the termination of the agreement, but also require Company A to pay liquidated damages

14. On May 6, 2011, Company A Signed a contract with Company B, agreeing that Company A will pay on June 1st, and Company B will deliver the "Liansheng" brand escalator on June 15th. Ten days after the contract was signed, a major safety accident occurred when Company B was selling someone else's "Liansheng" brand escalator, and the Quality Supervision Bureau intervened in the investigation. 20 days after the contract was signed, Company A, Company B, and Company C reached an agreement that Company C would bear the payment obligation. Company C failed to pay on June 1. Which of the following statements is correct?

A. Company A has the right to require Company B to deliver the escalator

B. Company C has the right to require Company B to deliver the escalator

C. Company C has The right to exercise the right of defense of uneasiness

D. Company B has the right to require Company A and Company C to assume joint and several debts

15. Company A and Company B signed a technology development contract without any agreement. Attribution of technical secrets. After Company A paid the research and development funds and remuneration as agreed, Company B delivered all technical achievement materials. Later, Company A, without notifying Company B, licensed Company C to use the technology in the form of a general license, and Company B, without notifying Company A, licensed Company D to use the technology in the form of an exclusive license. Which of the following statements is correct?

A. The right to use the technological achievements belongs only to Company A

B. The right to transfer the technological achievements belongs only to Company B

C. Company A and The licensing contract signed by Company C is invalid

D. The licensing contract signed by Company B and D is invalid

16. A poet signed "Animated Notes" on website A. Published a poem titled "Heaven Turns to the Left", which was included in the "Modern Poetry Collection" of Publishing House B. The textbook compilation unit C included the poem as a model essay in the "Chinese" textbook, and the Ding Literature website reprinted the poem. Which of the following statements is correct?

A. The poet's signature method on website A is illegal

B. "Heaven to the Left" was officially published in "Modern Poetry"

C. C can use "Heaven to the Left" without the consent of the poet, but should pay remuneration in accordance with regulations

D. D. Website D's reprinting without the consent of the poet and website A constitutes an infringement

< p>17. Company A has developed a technology for key engine components, which greatly reduces automobile exhaust emissions. Shortly after Company B signed a written contract with Company A and accepted the patent application rights for the technology, it applied for both an invention patent and a utility model patent for the technical solution to the State Intellectual Property Office.

Which of the following statements is correct?

A. Because the technology transfer contract has not taken effect, Company B has no right to apply for a patent

B. Because it has not yet manufactured a product based on the technical solution, Company B has no right to apply for a patent

p>

C. After Company B obtains the right to apply for a patent, it does not have the right to apply for an invention patent and a utility model patent for the same technical solution at the same time

D. Company B does not have the right to obtain an invention patent and a utility model patent for the same technical solution. Utility model patent

18. Wang Xiaoxiao, a self-employed business owner, is engaged in the hairdressing service industry. He has used "Yijianwu" as an unregistered trademark for a long time and enjoys a high reputation. Wang Xiaoxiao signed a written contract to allow his cousin Zhang Weiwei in the same city to use the "Yijianmei" trademark to engage in the barbering business. Later, Zhang Weiwei applied for the "Yijianmei" trademark in her own name for use in the hairdressing business and obtained the registration. Which of the following statements is correct?

A. The trademark license contract shall take effect from the date of signature by both parties

B. The trademark license contract shall be reported to the Trademark Office for record

C. Wang Xiaoxiao has the right to request the Trademark Review and Adjudication Board to cancel the registered trademark within 5 years from the date of registration of "Yijianmei"

D. Wang Xiaoxiao has the right to request the cancellation of the registered trademark by the Trademark Review and Adjudication Board within 5 years from the date of registration of "Yijianmei" Request the Trademark Office to cancel the registered trademark

19. Which of the following situations does not create a debt for unjust enrichment?

A. A borrowed 100,000 yuan from B and repaid the principal and interest of 150,000 yuan according to the agreement one year later

B. A. did not know that the statute of limitations had expired and paid off the debt to creditor B

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C. A returned home after a long absence and mistakenly ate B’s chicken as his own

D. The decoration worker hired by A mistakenly used neighbor B’s decoration materials for A’s house decoration

20. Liu contracted a watermelon garden and died suddenly of illness during the harvest season. Because his friend Diao could not contact Liu's family, he took the initiative to handle Liu's funeral arrangements and take care of the watermelon garden, and sold the watermelons for a profit of 50,000 yuan. Among them, 10,000 yuan was spent on funeral arrangements, labor fees for picking and selling watermelons, and other necessary expenses of 5,000 yuan. Diao believed that he deserved 5,000 yuan in labor fees. Regarding Diao's behavior, which of the following statements is correct?

A. RMB 50,000 is unjust enrichment

B. RMB 30,000 should be paid to Liu’s family

C. RMB 4 should be paid to Liu’s family Ten thousand yuan

D. 35,000 yuan should be paid to Liu’s family

21. Huang and Tang voluntarily reached a divorce agreement and agreed on an equal distribution of property and debts during the marriage. All will be repaid by Tang. After investigation, Huang borrowed 100,000 yuan from Liu in his own name during the marriage to purchase a wedding house. Which of the following statements is correct?

A. Liu can only ask Tang to repay 100,000 yuan

B. Liu can only ask Huang to repay 100,000 yuan

C. If If Huang repays 100,000 yuan, he has the right to recover 100,000 yuan from Tang.

D. If Tang repays 100,000 yuan, he has the right to recover 50,000 yuan from Huang

22. Three years after A and B registered their marriage, B requested the court to confirm that the marriage was invalid. Which of the following reasons given by B can be established?

A. The actual age at which B registered for marriage is 2 years different from the legal age for marriage

B. Before the marriage, A lied about being a returned doctor and having a car and a house. After the marriage, B found out that he had been deceived< /p>

C. A and B are cousins

D. A coerces B into marrying on the grounds of exposing B’s father for taking bribes

23. Which of the following behaviors can cause What are the consequences of giving up inheritance rights?

A. Zhang gave up his inheritance rights verbally, which I acknowledged

B. Wang gave up his inheritance rights after the inheritance was divided

C. Li stopped supporting his parents As a premise, he gave up his inheritance rights to his parents in writing

D. Zhao and his father *** issued a written statement to sever the relationship between father and son

24. A went to Hospital B for rhinoplasty The surgery worked very well. For publicity purposes, B took photos of A's nose before and after beauty treatment (only the nose and mouth were visible), and published the photos in an advertisement on C's website without A's consent, and used A's real name when introducing the photos. Website C immediately deleted it after receiving A’s objection.

Which of the following statements is correct?

A. Hospital B and website C infringe A’s right of name and shall bear joint and several liability for compensation

B. Hospital B and website C infringe A’s right of name and shall bear joint liability for compensation. Liability for compensation

C. Hospital B infringes A’s right of name

D. Hospital B and website C infringe A’s right of name and portrait, but website C is exempt Bear liability for compensation

25. When Baiyang Co., Ltd. was divided into Yangchun Co., Ltd. and Baixue Co., Ltd., which of the following statements is wrong regarding the relationship with the original creditor A?

A. Baiyang Company shall notify A within 10 days from the date of making the split-up resolution

B. A may require Baiyang Company to pay off its debts within 30 days after receiving the split-up notice Or provide corresponding guarantees

C. A can claim joint liability for repayment from Yangchun Company and Baixue Company after the split

D. Baiyang Company can repay debts with A before the split Issue signing a written agreement

26. After Wang Dawei, the leader of the real estate department of a certain city, retired, he and his friends Zhang San and Li Si** jointly invested in the establishment of a real estate agency company. Wang Dawei did not want his name to appear on the company's shareholder list, so without informing his brother Wang Xiaowei, he directly registered Wang Xiaowei as a shareholder of the company with Wang Xiaowei's ID card and other documents. Which of the following statements is correct?

A. The company’s shareholder should be Wang Dawei

B. The company’s shareholder should be Wang Xiaowei

C. Wang Dawei and Wang Xiaowei are both company shareholders

D. The company’s creditors have the right to request Wang Xiaowei to bear corresponding responsibilities for the company’s debts

27. In 2009, A, B, C, and D*** jointly established A limited liability company. For which of the following reasons should C file a lawsuit to dissolve a company and the court should accept it?

A. On the grounds that Chairman A of the company seriously infringed on his shareholder’s right to know, and that he was unable to cooperate with A

B. On the grounds that the company’s management seriously infringed on his right to claim for profit distribution, he On the grounds that shareholders' interests have suffered heavy losses

C. On the grounds that the company's business license as a corporate entity has been revoked and has not been liquidated

D. On the grounds that the company's operation and management have suffered serious difficulties, and the company's continued existence will be On the grounds of causing heavy losses to the interests of shareholders

28. Zhang Ping established the "Gemdale" meat products processing factory in the form of a sole proprietorship. In May 2011, due to the impact of the clenbuterol incident, Zhang Ping planned to transform the processing plant into a one-person limited company in order to reduce risks. In this regard, which of the following statements is incorrect?

A. Since both the original investor and the current shareholder are Zhang Ping, the processing plant can be registered as a one-person limited company without liquidation.

B. A newly established one-person limited company You can still continue to use the original business name "Gemdale"

C. In order to establish a one-person limited company, Zhang Ping must pay the entire capital contribution in full at once

D. If Zhang Ping does not transfer the one-person company to If the property of a limited company is independent of its own property, it shall be jointly and severally liable for the company's debts

29. A, B, C and D plan to establish a general partnership. Which of the following statements is correct about this?

A. Each partner shall not use labor services as capital contribution

B. If B only uses the right to use the house as capital contribution, there is no need to register the transfer of property rights

C. The name of the partnership shall not use the name of any partner as a trade name or trade name

D. The partnership agreement shall become effective after being signed, sealed and registered by all partners

30. Zhao, Qian, Sun and Li established a general partnership. After a meeting of all partners decided, Zhao Yuqian was entrusted to execute partnership affairs and represent the partnership to the outside world. In this regard, which of the following statements is incorrect?

A. Sun and Li still have the authority to execute partnership affairs

B. Sun and Li have the right to supervise the execution of partnership affairs by Zhao and Qian

C. If If Zhao executes certain partnership affairs alone, Qian can raise objections to the affairs executed by Zhao

D. If Zhao executes affairs in violation of the partnership agreement, Sun and Li have the right to decide to revoke their entrustment to Zhao

31.On August 1, 2010, a company filed for bankruptcy. On August 10, the court accepted the case and appointed an administrator.

Which of the following acts committed by the company is a fraudulent bankruptcy act in the Bankruptcy Law, and the administrator has the right to request the court to revoke it?

A. On July 5, 2009, the warehouse with a market price of 1 million yuan was sold to the parent company for 300,000 yuan.

B. On October 15, 2009, the company A car worth 300,000 yuan was donated to A

C. On May 5, 2010, the debt of 500,000 yuan and interest of 40,000 yuan was repaid to Bank B

D.2010 On June 10, 2018, the debt of 200,000 yuan was offset by agreement with Debtor C

32. Company A issued a draft in the amount of 500,000 yuan, with the payee being Company B and the payee being Bank C. . After receiving it, Company B endorsed and transferred the bill of exchange to Company D. Which of the following statements is correct?

A. Company B exits the bill relationship after transferring the bill endorsement to Company D

B. Company D’s bill debtors include Company B and Bank C, but do not include Company A

C. Company B shall not attach any conditions when endorsing the transfer

D. If Company A records the word "not transferable" on the bill when issuing the bill, then Company B's endorsement of the transfer The act is still valid, but the holder is not allowed to exercise recourse against A

33. Stocks and bonds are the main types of securities stipulated in my country's Securities Law. Which of the following statements is correct regarding stocks versus bonds?

A. Both limited liability companies and joint-stock companies can become issuers of stocks and bonds

B. Stocks and bonds have the same risk

C .The liquidity of bonds is stronger than that of stocks

D. Stocks represent equity and bonds represent claims

34. Zhang San purchased automobile loss insurance from an insurance company. One day, Zhang San's car was hit by Li Si, and the repair cost was 5,000 yuan. Zhang San made a claim to Li Si, and the two parties reached the following written agreement: Zhang San exempted Li Si from repair costs of 1,000 yuan, Li Si would provide Zhang San with three free consultation services, and Zhang San claimed the remaining 4,000 yuan from the insurance company. Later, Zhang San requested the insurance company to pay the insurance premium of 5,000 yuan according to the insurance contract. Which of the following statements is correct?

A. The insurance company shall pay the insurance premium of 5,000 yuan in full according to the insurance contract, and shall not seek compensation from Li Si

B. The insurance company shall only bear the liability for compensation of 4,000 yuan of insurance premium. And has the right to claim compensation from Li Si

C. Because Zhang San has forgiven Li Si’s debt of 1,000 yuan, the insurance company is no longer responsible for paying the insurance money

D. The insurance company should pay the full amount Pay an insurance premium of 5,000 yuan and seek compensation from Li Si

35. Regarding the nature of civil procedure law, which of the following statements is correct?

A. Based on the social relations it regulates, the Civil Procedure Law is a procedural law

B. Based on its status in the legal system, the Civil Procedure Law is a procedural law

C. According to the content of its provisions, the Civil Procedure Law is a procedural law

D. According to the criteria for dividing public law and private law, the Civil Procedure Law is a procedural law

36. About What is the difference between civil arbitration and civil litigation? Which of the following options is correct?

A. Effective judgments with payment content are enforceable, while effective awards with payment content are not enforceable

B. In litigation, the parties can apply for property preservation. In arbitration, It is not possible to apply for property preservation

C. Arbitration does not require a court hearing of the case. In principle, litigation requires a court hearing of the case

D. The arbitration institution is a private organization and the court is a state Agency

37. Because B has been late in paying rent for a long time, A sues the court and requires B to pay half a year’s rent of 6,000 yuan. Before the case was heard in court, A submitted written materials stating that one month had passed and B should increase the rent to 7,000 yuan.

Regarding the court's handling of A's request for a rent increase, which of the following options is correct? < /p>

D. Not accept the case and inform A that he can sue separately

38. Regarding the specific embodiment of the basic principles of the Civil Procedure Law in civil litigation, which of the following statements is correct?

A. The parties have the right to decide whether to entrust an agent to litigate on their behalf, which is a manifestation of the principle of equality of litigation rights

B. The parties have the right to entrust an agent to litigate on their behalf, which is a form of punishment An embodiment of the principle

C. The plaintiff and the defendant have some different but equal rights in litigation, which is an embodiment of the principle of equality

D. The parties must not only reach a mediation agreement voluntarily, but also have content It must not be illegal, and it is a manifestation of the principle of voluntary and legal mediation by the court

39. According to the "Civil Procedure Law" and relevant judicial interpretations, which of the following statements is correct regarding the intermediate court?

A. It can accept both first-instance foreign-related cases and first-instance non-foreign-related cases

B. When a collegial panel is formed to hear a case, no jurors can be invited to participate

C. All cases must be heard in court

D. All judgments made in the case are effective judgments

40. Wu sued after being injured by Wang To the court, Wang lost the case. When the first-instance judgment was delivered to Wang, he immediately appealed to the person who served it, Zheng. However, he did not submit an appeal petition because he was illiterate. Regarding the legal effect of Wang's behavior, which of the following options is correct?

A. Wang has expressed his appeal, which has the effect of appeal

B. After Zheng informed the court of Wang’s appeal request, it has the effect of appeal

C .Wang’s failure to submit an appeal will have no appeal effect

D. Wang’s oral appeal will have appeal effect after being approved by the court of second instance

41. According to the "Civil Procedure Law" and Civil litigation theory, which of the following is correct regarding period?

A. Legal periods are all immutable periods, and designated periods are all variable periods.

B. The start date of the statutory period and any holidays during the period shall be included in the calculation period It will be deducted at the time

C. The period during which the parties participate in the litigation is not included in the period

D. In case of special circumstances, the court may change the originally designated period according to its authority

42. According to the Civil Procedure Law and relevant judicial interpretations, regarding court mediation, which of the following options is wrong?

A. The court may entrust an individual with a specific relationship with the parties to conduct mediation. If an agreement is reached, the court shall confirm it in accordance with the law.

B. If the parties reach a settlement agreement on their own during litigation, You can apply to the court to confirm the settlement agreement in accordance with the law and prepare a mediation letter

C. The mediation letter produced by the court will be enforceable after it takes effect

D. The conditions for the guarantee terms determined in the court mediation letter are fulfilled When the party applies for execution, the court shall execute it in accordance with the law

43. Which of the following options is directly stipulated in the "Civil Procedure Law" and has the characteristics of simplified procedures?

A. When the plaintiff files a lawsuit or the defendant makes a defense, he must provide the court with a clear service address

B. Labor contract disputes that are subject to summary procedures should be mediated first during the court hearing

B. p>

C. In summary procedures, the court may specify a period of less than 30 days for the production of evidence

D. When applying simplified procedures to trial civil cases, the trial organization shall adopt a single-person system

< p>44. The court of second instance shall make corresponding rulings on appeal cases based on the appeals of the parties and the trial status of the case.

Which of the following options is correct?

A. The second-instance court believed that the original judgment clearly identified the relevant facts of the appeal request and applied the law correctly, and ruled to reject the appeal and uphold the original judgment.

B. The second-instance court believed that the original judgment was correct in the appeal. The relevant facts requested were clearly identified, but the application of the law was erroneous, so the court ruled that the case should be remanded for retrial

C. The second-instance court believed that the first-instance judgment was made before the case was heard in court, and ruled to revoke the original judgment and remand for retrial.

D. The plaintiff in the original trial added independent claims, and the court of second instance consolidated the hearing and made a judgment together.

45. In the contract dispute case of Sanhe Company v. Liangjiang Company, after the court heard The verdict was against Liangjiang Company. Afterwards, Liangjiang Company and Haid Company merged to form Dajiang Company. During the audit of Liangjiang Company's financial affairs, a piece of evidence that was extremely important for the determination of the facts of the aforementioned case was discovered. Which of the following statements is correct regarding the retrial of this case?

A. Liangjiang Company should apply for retrial and participate in the litigation

B. Haid Company should apply for retrial and participate in the litigation

C. Dajiang Company should Apply for retrial and participate in the litigation

D. Liangjiang Company should apply for retrial, but Dajiang Company must participate in the litigation

46. The participation allocation system for execution procedures stipulates the applicable conditions. Which of the following options is not a condition for participating in the distribution?

A. The property of the person subject to execution cannot pay off all the claims

B. The person subject to execution is a legal person or other organization rather than a natural person

C. There are multiple The applicant has claims against the same respondent

D. The claims participating in the distribution are limited to monetary claims

47. Regarding the comparison of objections to the execution act and objections to the subject matter of the litigation by outsiders, the following is Which option is incorrect?

A. Objections are raised during the execution process

B. Objections should be raised to the enforcement court

C. The parties applying for objections are partially the same

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D. If the applicant is dissatisfied with the court's ruling on the objection, the available remedies are the same

48. A company uses moldy flour to process steamed buns, and the potential victim cannot be identified. More than 20 victims, including A, B, C and D, filed a lawsuit for damages, but failed to elect a litigation representative. The court recommended that A and B serve as litigation representatives, but C, D and others objected. Which of the following options is correct regarding this case?

A. C, D and others participate in the litigation as litigation representatives

B. C, D and others elect representatives to participate in the litigation

C. Litigation representatives The person shall be appointed by the court

D. If C, D and others do not recognize the litigation representative, the judgment of this case will not be binding on C, D and others

49. A does not perform the arbitration After the ruling, B applies to the court for execution. A intends to file an application for non-enforcement and submits the following evidence to prove that the arbitral award should not be enforced. For which of the following options, the court can rule to reject A's application?

A. A and B did not enter into an arbitration clause or reach an arbitration agreement

B. The formation of the arbitral tribunal violated legal procedures

C. The matters adjudicated exceeded the authority of the arbitration institution Scope

D. The arbitral award does not establish facts based on evidence cross-examined by the parties

50. According to the Arbitration Law, after the award made by the arbitral tribunal takes effect, in which of the following circumstances? The arbitral tribunal cannot make corrections?

A. Factual errors ascertained in the award

B. Textual errors in the award

C. Calculation errors in the award

< p>D. The award omits matters that the arbitral tribunal has already decided as recorded in the arbitration review