Final test of "Fundamentals of Economic Law" subject
1. Fill-in-the-blank questions (0.5 points for each question, ***11 points)
1. Law is the sum of the behavioral norms of a country or and by .
2. The objects of economic legal relations include things, and.
3. The general procedure for entering into a contract includes two stages: and .
4. When the party who paid the deposit fails to perform the contract, he has no right to claim. If the party receiving the deposit fails to perform the contract, the deposit must be paid.
5. When using a registered trademark, it should be marked with the words or the registered mark or .
6. The term "products" in the Product Quality Act refers to products that have been processed, manufactured, and used for.
7. Operators must give or accept discounts and commissions.
8. The forms of arbitration agreement include , , and .
9. There are two main forms of restrictive competition behavior of government agencies, namely and .
10. Consumers who need to purchase and use goods or receive services have their rights and interests protected by the Consumer Rights Protection Law.
2. True or False Questions (1 point each, ***13 points)
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1. Both void and voidable economic acts are void acts and therefore void from the outset. ( )
2. If the principal dies and the agent continues to exercise the power of agency, the legal consequences shall be borne by the principal. ( )
3. A limited liability company can be established through fundraising. ( )
4. A small limited liability company may not have a board of directors, and the executive director shall serve as the legal representative of the company. ( )
5. The contract should be in writing and is invalid if it is in oral form. ( )
6. In a contract, the debtor's transfer of contractual obligations to a third party requires the consent of the creditor. ( )
7. The guarantor can only be a third party considered by the parties to the contract. ( )
8. Factory A uses the "Tiandi" registered trademark to sell the watches it produces. Later, Factory B uses the "Tiandi" trademark on the mineral water it produces. Factory B's behavior does not constitute infringement. ( )
9. The name of an administrative division shall not be used as a trademark on a trademark. ( )
10. If the seller cannot identify the manufacturer or supplier of the defective product, the seller shall be liable for compensation. ( )
11. Sports lottery tickets sold by the sports department, if the maximum prize amount exceeds 5,000 yuan, is an act of unfair competition. ( )
12. Operators are not allowed to search the bodies of consumers, but they can search items carried by consumers as necessary. ( )
13. If a consumer believes that a product is substandard and requires a return, the operator shall be responsible for the return. ( )
3. Multiple choice questions (1 point each, ***18 points)
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< p>13 14 15 16 17 18 19 20 21 22 23 241. In economic legal relations, the most extensive and common subject is ( ).
A. National economic management agency
B. Legal person
C. Natural person
D. Country
2. Economic rights are realized through ( ).
A. The subject of economic rights has certain behaviors
B. The subject of economic rights does not perform certain behaviors
C. Requiring others to perform certain behaviors
D. The subject of economic rights does or does not perform certain behaviors and requires others to perform or not perform certain behaviors
3. Legal facts refer to ( ).
A. An objectively existing phenomenon B. Objectively existing facts 6 people
C. Objective circumstances that cause the creation, change and elimination of economic legal relations
D. Events and actions
4. Invalid contract ( ).
A. It has no legal binding force since its conclusion
B. No legal binding from the date of confirmation
C. It is not legally binding from the date of cessation of behavior
D. The court and the parties determine the date of invalidity
5. A contract is an agreement for establishment, change, and termination ( ) between natural persons, legal persons, and other organizations who are equal subjects.
A. Identity relationship
B. Property relationship
C. Civil rights and obligations relationship
D. Economic relationship
< p>6. If the offeree makes substantial changes to the contents of the offer, it shall be ( ).A. New offer B. Commitment C. Negation of original offer D. Old offer
7. If the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the clause ( ).
A. Liquidated damages or deposit B. Liquidated damages C. Deposit D. Liquidated damages and deposit
8. If the trademarks of the following commodities are registered with the my country Trademark Office, they will be What will be approved is ( )
A. "New York" brand blanket B. "Wild Boar" brand toothbrush
C. "Pain" brand beer D. "Crown" brand chalk
9. Products with limited use period should be marked with the production date and safe use period or ( ).
A. Shelf life
B. Shelf life
C. Shelf life
D. Expiration date
10. The operator secretly gives rebates to the other party outside the accounts and shall be punished with ( ).
A. Friendship
B. Unfair competition crime
C. Bribery
D. Introduction to Bribery
11. Which of the following are unfair competition behaviors ( ).
A. A shopping mall sells winter leather jackets at low prices in late spring
B. A certain aquatic products department sells shrimp at a price 50% lower than the cost price
C. A store is selling wall calendars accumulated at the beginning of the year at crazy price cuts
D. An electrical appliance company sells VCD machines at a price lower than cost price for promotion
12. "Sold goods cannot be returned or exchanged" violates consumers' rights ( ).
A. The right to choose independently
B. The right to fair trading
C. The right to know the truth
D. Right to claim compensation according to law
13. my country’s arbitration implements the principle of ( ) sub-award.
A.One
B.Two
C.Three
D.Four
14. Arbitration The basis for the agency to accept arbitration cases is ( ).
A. Party’s application
B. Prosecution
C. Arbitration agreement
D. Party’s representation
15. The following disputes can be arbitrated ( ).
A. Marital disputes
B. Guardianship disputes
C. Inheritance disputes
D. Contract disputes
16.The arbitration institution is ( ).
A. Judicial agencies
B. Administrative agencies
C. Economic organizations
D. Civil self-government organizations
< p>17. When consumers find quality problems when purchasing goods, they should first go to ( ) to negotiate.A. Sales stores
B. Industrial and commercial administration agencies
C. Consumer associations
D. Manufacturers
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18. When a customer asks about a certain product, the salesperson refuses to answer. This behavior violates the consumer's ( ).
A.Right of reputation
B.Right to be respected
C.Right to know
D.Right to choose
< p>4. Noun explanation (3 points for each question, ***18 points)1. Agent
2. Contract
3. Unfair competition
4. Product quality
5. Two final trials
6. Arbitration
5. Case analysis (10 points for each question, ***40 points)
1. A certain county education bureau issued a document to the county-affiliated middle schools, requiring them to purchase the cultural and educational supplies they need from its subordinate cultural and educational supplies companies. Is this behavior an act of unfair competition? And please provide a brief analysis of this behavior.
2. The bowling alley is a for-profit bowling alley. During the Spring Festival of 2002, a prize-giving event was held. It was stipulated that customers who had to play 3 rounds and score a total of 688 points would receive a special prize of a commercial house. This regulation caused a sharp increase in the number of customers. Later, the prize was won by Ding, a staff member of the museum. Ding returned the commercial house and received a reward of 5,000 yuan from the unit. Try to analyze the nature of the behavior at the bowling alley.
3. In the process of producing Longfeng nutritional noodles, a certain group company did not conduct comprehensive scientific research and inspection on the ingredients and eating effects of various instant noodles produced and sold on the market, and then produced them in its own company. The following content is stated on the packaging bag of Longfeng Nutritional Noodles: "According to relevant data, long-term consumption of traditional instant noodles will lead to imbalanced nutritional intake in the human body. Long-term consumption of Longfeng Nutritional Strengthened Series instant noodles will increase the nutritional intake of the human body." Balance across the board." Q: Analyze the nature of the group's behavior.
4. In August 2003, Zhao, a resident of a certain city, bought 30 boxes of ice cream from a cold drink shop in front of his home, priced at 2 yuan per box. The ice cream packaging label states "net weight 250 grams" and "manufactured by XX Food Factory in a certain city". When Zhao opened the box and saw that only half of the box was filled with ice cream, he immediately showed the opened ice cream to the salesperson and asked what was going on. The salesperson thought it was not that there was less ice cream, but that the box was too big and there was too little ice cream. Zhao didn't believe it, so he took the ice cream to a scale in a nearby store and weighed it. He found that each ice cream, including the packaging box, was only 180 grams. So he returned to the cold drink shop to find a salesperson to return the goods. The salesperson said, "Imported goods cannot be returned after they are sold." "Refuse to return the product on the grounds of ". Zhao had no choice but to find the manager. The manager believed that this was a problem with the manufacturer and had nothing to do with the store, so he ignored it.
Q: Who is responsible for Zhao’s problem? How should this be handled? Give reasons.