1. Case analysis questions (10 points)

Company A and Company B signed a supply contract, agreeing that Company B will provide first-grade refined aluminum ingots to Company A within one month. 100 tons, worth 1.3 million yuan. The two parties agreed that if Company B cannot supply the goods on time, it must pay Company A a penalty of 0.1% of the purchase price for each day overdue. Due to the organization of supply, Company B only delivered 100 tons of refined aluminum ingots to Company A two months later. When Company A inspected the goods, it found that it was not a first-grade refined aluminum ingot, but a second-grade refined aluminum ingot, so it considered the other party to have breached the contract. Company B was required to pay a one-month penalty of 39,000 yuan for refusing to pay, and was required to provide another 100 tons of first-grade refined aluminum ingots. However, Company B claimed that the overdue supply was not its own fault, but was caused by the adjustment of the country's industrial policy, and it should not pay liquidated damages. Moreover, the refined aluminum ingots it provided were qualified products after being inspected by the quality inspection agency, and Company A should not make a fuss out of a molehill. , Now the supply of refined aluminum ingots is relatively tight, and it is impossible to re-supply refined aluminum ingots. Company A insisted that the company should pay liquidated damages and perform the contract in accordance with the quality standards agreed in the contract. A dispute arose between the two parties, and Company A filed a lawsuit in court, requiring Company B to pay liquidated damages and re-perform the contract. Company B stated in its defense that late supply was not its original intention and was beyond its control, so it should not pay liquidated damages. Even if it paid liquidated damages, it should not pay as much as 39,000 yuan. This request was unfair.

Trial analysis:

(1) Is the contract signed between Company A and Company B valid?

(2) Is Company B’s failure to deliver the goods within the agreed time due to objective reasons or market reasons?

(3) Is there any basis for Company A’s claim that Company B requires Company B to pay liquidated damages and re-provide first-class product standards?

(4) Is there any basis for Company B’s claim that it cannot supply goods on time?

(5) Is there any basis for Company B’s claim that the amount of liquidated damages is too high and that it should not bear such a large amount of liquidated damages?

2. Facts of the case: Zhang was traveling in a scenic spot. After climbing to the top of the mountain, he saw a woman standing alone on the edge of the cliff on the top of the mountain with a strange look in her eyes, which made her suspicious. Seeing someone coming, the woman jumped down the cliff. In desperation, Zhang grabbed the woman's clothes and rescued her. During the process of rescuing people, Zhang's camera worth 2,000 yuan was damaged and his arm was bruised; the woman's head was also bruised and her clothes were torn. Zhang sent the woman to Shanxia Hospital, paid 500 yuan for various expenses, and spent 20 yuan to bandage his own wounds. That night, Zhang stayed in the hospital guest house, but he was penniless, so he had to borrow 100 yuan from the waiter to pay for room and board. The next day, the family of the woman who committed suicide rushed to the hospital and expressed their gratitude to Zhang.

Questions:

1. What kind of civil legal relationship exists between Zhang and the woman who committed suicide?

2． Should the woman pay for the damage to Zhang’s camera and the cost of treating her wounds? Why?

3. Can Zhang ask the woman to reimburse her for the medical expenses and other expenses he paid for her? Why?

4． Who should repay the 100 yuan Zhang borrowed from the waiter? Why?

5. Can Zhang ask the woman to pay a certain amount of remuneration? Why?

6． Should Zhang compensate the woman for the loss of her clothes? Why?

3.1. A company wrote to the editorial department of "China Trademark" for consultation. The content is as follows:

Comrade Editor:

We are from a county in Xiangfan City, Hubei Province A township enterprise newly established this year that produces ice cream is preparing to apply for a registered trademark. We began to plan to apply for registration of the "Wuhan" trademark on ice cubes, ice cream, ice cream and other products. But when we entrusted a trademark firm to apply for registration, the firm said that the "Wuhan" trademark did not comply with the provisions of the Trademark Law and could not be applied for registration as a trademark. So, we studied and decided to change "Wuhan" to "Bingliang" to apply for registration, but the office still said it was not possible.

I would like to ask: Why can’t our company apply for registration of “Wuhan” and “Bingliang” as trademarks?

A township enterprise

December 16, 2004

(1) If you were an editor, how should you answer the questions raised by the enterprise? (3 points)

(2) If the company uses the "Wuhan" trademark and "Bingliang" trademark without registration, is this behavior legal (3 points)

4. Famous writers Liu was tortured to death on August 6, 1971. Before his death, he gave the manuscript of one of his works to his friend Wang. The title page of the manuscript reads, "I will pass away soon, and I would like to give this final writing to my dear friend, hoping to keep it in the secret room so that it will never be seen." Wang kept it secret according to his will. Wang died of illness in 1995, and his heir Wang Zi obtained the manuscript. In 1998, the prince lent the manuscript to scholar Sun for reference in his research on Liu's life. When the prince lent it, he stated that "according to the author's last wish, the manuscript must not be made public", and Sun agreed. However, in 1999, Sun made some changes to the manuscript and published it under his own name without anyone's consent. Subsequently, Liu Zi, the heir of the writer Liu, learned about the situation and took Sun to the court. According to the relevant provisions of the Copyright Law, he answered the following questions:

(1) Liu’s inscription on the title page of the manuscript fell under the copyright law. What is the nature of the behavior (1 point)

(2) Analyze the copyright ownership and protection period of the manuscript in this case (4 points)

(3) Analyze Sun Whose copyright has been infringed by the behavior (4 points)

5. Zhang and Qi each invested 10,000 yuan to run a wood processing factory in partnership. Later, due to poor management, they defaulted on debts of 30,000 yuan. Zhang ran away to avoid debt and his whereabouts are unknown. The creditor filed a lawsuit in the People's Court, demanding that Qi repay all the debts, but Qi was only willing to bear 15,000 yuan. How should this case be handled?

6． Between July and August 2001, Huang (born on July 14, 1968) used small favors to induce him to have sexual relations with his nanny Liu (female, born on October 31, 1987), and instigated Liu to commit theft. Liu followed Huang's instigation and stole many times and stole a lot of property. On February 19, 2002, he was caught stealing again. How to deal with the behavior of Huang and Liu?

7. During a routine inspection, the quality supervision and law enforcement team commissioned by the Municipal Industry and Commerce Bureau found that the electrical appliances produced by Factory A were seriously substandard and could cause personal injury. The team fined the factory 20,000 yuan in the name of the Industry and Commerce Bureau. It was ordered to suspend production and business. During the punishment process, Factory A requested a hearing, but was rejected. Factory A refused to accept the administrative penalty and filed an administrative lawsuit against the quality supervision and law enforcement team as the defendant. Question:

(1) Can the court accept this case? Why?

(2) How did the court handle this case?

8. A, B, and C were workers in the same factory. On March 5, 2003, A recruited B and C to conspire to steal the financial room of the factory. Under A's planning, the three separated to prepare for the crime. B is responsible for finding the factory cashier Ding and defrauding him of the financial room key, and steals one. After matching, B hands the key to A. At the same time, A and C were also prepared for other thefts. After the three met at the factory gate at 12 o'clock in the evening on March 20, they committed suicide together. However, after thinking about it, Y thought that there would be no good end for committing a crime, so he did not go as promised. That night, A and C did not wait for B, so C let him in. A successfully opened the financial room with the key he had assigned earlier and stole 20,000 yuan in cash. Afterwards, A received 10,000 yuan, and C received 7,000 yuan. They also gave B 3,000 yuan, but B did not refuse. A few months later, during a severe crackdown,

B was forced by the public security organ's powerful propaganda campaign to surrender to the public security organ, truthfully confessed all the crimes, and the case was solved. After investigation, it was found that in February 1999, A was involved in the crime of smuggling cars.

Question: (1) Are A, B, and C guilty of the same crime? Why?

(2) What kind of intentional crime does B’s behavior belong to, and why?

(3) What specific sentencing circumstances should be considered when sentencing A, B, and C?

9. On January 1, 2002, A left one of his cattle and a TV set to his neighbor B for safekeeping because he went out to work. On February 1, B wrote to A, hoping to Purchase A’s cattle for 1,500 yuan and pay the price of the cattle within three months. On February 15, A wrote back to B expressing his agreement. On February 20, B received a reply from A. On February 25, the cow accidentally fell off a cliff and died. During this period, B was in urgent need of money for medical treatment, so he pledged the TV set that A entrusted him to keep to C and borrowed 800 yuan from C. However, C did not know that the TV set was not owned by B.

Question: (1) When does the cattle sales contract between A and B take effect?

(2) When will the ownership of the cattle be transferred to B? Why?

(3) Who should bear the risk of accidental loss of cattle and why?

(4) Suppose B has overdue debt, does C have the right to sell the TV to realize its creditor's rights? Why?

(5) Who should bear the loss if A loses his TV set? Why?

10. In February 2005, A left his color TV set to neighbor B for safekeeping because he went out to work. After learning about this situation, neighbor C wanted to buy it, but was unwilling to do so. C paid more money, so C and B discussed and lied to A: "There is a problem with the picture tube of the color TV." A believed it to be true. As a result, C bought the color TV from B at a low price of 500 yuan. Later, the color TV was stolen by thief D. It was sold to Wu again, who did not know that it was stolen goods. Unfortunately, Wu died suddenly, and his wife was already in a stalemate with Zigeng over the inheritance of the color TV, so he asked C to mediate. Person C revealed that the color TV was lost by him not long ago. Immediately make a request to return the color TV.

Ask (1) Is the transaction between B and C valid? Why? (3 points)

(2) Is the transaction between D and E valid? Valid? Why? (4 points)

(3) Who should own the color TV? Why? (3 points)

11. On August 28, 2001, a steel pipe in Jiangsu The factory and Zhengzhou Company A signed a sales contract in Zhengzhou, agreeing that the steel pipe factory would supply a batch of steel pipes to Company A and be responsible for delivering them to Zhengzhou: Company A should pay a payment of 2 million yuan, which should be paid off within one month. Zhengzhou Company B As the guarantor of Company A, he promised that "if Company A cannot pay the payment on time, Company B will repay it on its behalf. The guarantee period is until the principal and interest of the payment are paid off." On October 30, 2001, the steel pipe factory shipped goods to Zhengzhou Company A for acceptance. Objection. Since then, Company A has been slow to pay the price according to the contract. Starting from April 2003, the steel pipe claimed that it began to demand payment from A and B. On September 15, the steel pipe factory submitted a complaint to the court of a city in Jiangsu Province, demanding that A and B bear liability for breach of contract. , to fulfill the repayment obligation.

Question (1) Does the court of a certain city in Jiangsu Province have jurisdiction over this case? Why? (2 points)

(2) The steel pipe factory wants to apply What conditions should be met for property preservation? (2 points)

(3) How should Company A bear the responsibility (1 point)

(4) Should Company B bear the responsibility for repayment? ?Why?

12. A, 15 years old, B, 17 years old, and C, 19 years old. The three of them went to Wang’s house to steal. A was in charge of inquiring at the gate, while B and C entered the house to steal. When B and C entered the house to look for money, they found the sleeping princess (13 years old). Then they became malicious and raped the princess. At this time, Wang returned. When the three of them saw this, they ran away, and Wang chased her. Reluctant to give up. During the chase, A took out the fruit knife he carried and stabbed Wang to death. Later, the three were captured by the Ministry of Public Security and explained the entire crime. The procuratorate launched a public prosecution in accordance with the law, and the court held a public trial. A verdict was made in the case. A's defense lawyer Ding filed an appeal within the statutory time limit. After the trial, the court of second instance upheld the original verdict.

Question (1) Analyze the nature of the behavior of A and B , and briefly explain the reasons. (9 points)

(2) Analyze the procedural errors that existed during the trial of the case. (3 points)

13. A, 15 years old. B, 17 years old. C, 19 years old. The three of them went to Wang's house to steal. A was responsible for inquiring at the gate, while B and C entered the house to steal. When B and C entered the house to look for money, they found the sleeping princess (13 1 year old); then he became malicious and raped the princess. At this time, Wang returned, and the three of them ran away. Wang chased after him. During the pursuit, A took out the fruit knife he carried Wang was assassinated and re-entered. Later, the three were captured by the Ministry of Public Security and explained the entire crime. The procuratorate initiated a public prosecution in accordance with the law, and the court publicly heard the case and made a verdict. A's defense lawyer, Lawyer Ding, within the statutory time limit An appeal was filed, and after hearing, the court of second instance ruled to uphold the original verdict.

Questions (1) Analyze the nature of the behavior of A, B and C, and briefly explain the reasons. (6 points)

(2) Analyze the procedural errors that existed during the trial of the case. (4 points)

14. Tian and Wen are neighbors and they often quarrel over trivial matters. One day, Tian's hens started clucking after laying eggs in the bushes. At this time, Tian was cooking at home.

After a while, the eggs were gone, and there was no one around. Only the ten-year-old child of the Wen family was playing with pieces of paper in front of the door. Tian suspected that the child had taken the egg, so he asked the child. The child glared at Tian and said, "I don't know." Tian slapped the child and called the child a thief. Coincidentally, the child's father, Wen, came home and encountered this situation. The two immediately started quarreling, but the neighbor persuaded them to stop. In the evening, Tian pointed at Sang and scolded Huai at the door again. Seeing that Wen did not come out to scold him, he thought that Wen was afraid, so Tian went to kick open the door of Wen's house, rushed in and punched Wen. Feeling anxious and angry, he grabbed the scissors on the table and stabbed Tian. The two struggled for a while and were pulled away by the neighbor. Tian was stabbed several times with scissors and was hospitalized for several days, which cost him more than 500 yuan in medical and hospitalization expenses. Tian sued the court and requested compensation from Wen. How should this case be handled? Why?

15. One morning, defendants Zhang San, Li Si and Wang went to play at a classmate's house. On the way home, they walked to the river behind the school office building and saw some classmates swimming in the pond opposite. At this time, Zhang suggested using stones to swim in the pond. They hit them, so the three of them took action. Suddenly, Liu, a student in the pond, saw a stone coming and wanted to take his shoe to get out of the way. Unexpectedly, he was hit in the left eye. Later, the hospital diagnosed him with a ruptured left eyeball. He was hospitalized for 30 days and spent the whole life. Medical expenses are 1909.52 yuan, transportation expenses are 288 yuan, and accommodation expenses are 430 yuan. For this reason, the plaintiff requested compensation from the defendant, but the guardians of the three defendants refused to compensate on the grounds that their children were not injured. Question: How to determine the infringement in this case?

16. A certain street is the most prosperous commercial street in the county. It has the largest stall market in the county. There are many individual restaurants and restaurants in the market. Wei is a clerk in the county industrial and commercial bureau that manages this market. He often goes to self-employed businesses to get free food. One day, Wei took two friends to have dinner at a restaurant that had recently opened in his management area. After the meal, the restaurant waiter brought the bill to Mr. Wei and asked him to pay. Mr. Wei paid because he was not easy to get angry around his friends. He had a grudge against the restaurant. The next day, Wei came to the restaurant on official business and asked the manager to take a look at the bill. Wei took the account book, flipped through it a few times, and then threw it into the stove. He said that the restaurant had unclear accounts and was operating illegally, so he took away the business license and asked for cooking utensils. The hotel sued.

Question: Does Wei’s behavior constitute an occupational infringement? How should this case be handled?

17. A construction team laid a gas pipeline for a company and dug a width of l meters on the road. Since the trench with a depth of 1.5 meters was not completed that day, the construction team set up a warning red light on both sides of the trench. However, at 21 o'clock that night, a power outage suddenly occurred in the area where a certain company was located. At this time, A happened to be riding his bicycle home from the night shift and passed by this place. A and the car fell into a ditch together, causing injuries.

Question: Who should compensate for X’s damage?

18. Plaintiff Liu Liping (7 years old) and defendant Liu Yonggang (9 years old) studied at Xingfu Bacun School together. The plaintiff is a preschool student, and the defendant is a second-grade student and serves as class monitor. On the afternoon of April 23, 1990, the temporary substitute teacher of the preschool class asked for leave, and the school handed over the preschool class to a second-grade teacher. At the end of the second period, the second-grade teacher finished setting up the preschool class and went to the toilet in the school courtyard. At this time, the plaintiff went to the second-grade classroom to find the teacher to report that some of his classmates were disobedient. Since the teacher was not there and the second-grade students were attending self-study classes, the defendant asked the plaintiff to leave. If the plaintiff refused to leave, the defendant kicked him out. After the plaintiff went out, he closed the classroom door and locked the door nose. The defendant opened the door and saw that the plaintiff was walking towards his classroom. He picked up a clod of soil on the ground and threw it towards the plaintiff, which happened to hit the plaintiff's right eye. The school immediately took the plaintiff to a nearby town hospital for treatment, and the town hospital recommended that he go to a city hospital for treatment. After treatment in multiple hospitals, the plaintiff's eye injury was not cured. The hospital finally concluded: "The eyeball has shrunk and the inflammation in the eye has been controlled." The plaintiff and the defendant had different opinions on the issue of compensation from the defendant, so the plaintiff filed a lawsuit in court. Question: How to handle this case

19. One day, A was driving four cows home when a car passed by and scared the cows away. On that day, A only recovered two of the cows, and the other two cows were lost. The next day, B found that the two cows were unattended, so he took them home to raise them, waiting for the owner to claim them. During the breeding period, a cow fell ill, and B spent 80 yuan on treatment. Later, A learned that his two cows had been picked up and fed by B, and went to B's house to ask for them. B asked to pay him 200 yuan for fodder and labor, 80 yuan for treatment, and a total of 280 yuan. A and B failed to reach an agreement, so A sued the court.

I would like to ask: Should A pay B 280 yuan? Should B return the cow to A? Why?

20. In the autumn of 1983, Qi, a single fisherman from a village in the coastal area, went out to sea to fish with others. One day, the weather station suddenly predicted that a strong typhoon was about to land. I hope everyone is prepared. After Qi's neighbor Xu Dashan did the windproof work for his house, he saw that Qi's house was in disrepair, so he took the initiative with his daughter-in-law and others to work and provide materials to strengthen Qi's house. After the typhoon, Qi's house was safe and sound. Ten days later, Qi returned from a trip to sea. He originally thought that his house would collapse, but unexpectedly, it was reinforced by Xu Dashan and others and remained intact. Qi came to express his gratitude. But Dashan said: "Brothers have to settle accounts openly. We are neighbors, and the accounts must be settled. I will help you strengthen the house. Not to mention the labor, the cost of materials is 200 yuan. Please pay it in full (prepare a list of materials and discount instructions) "Qi felt that Xu Dashan's price was high, and he didn't ask him to reinforce it. He was willing to do it himself, so he could give the money or not. For this reason, the two sides had a dispute.

I would like to ask: (1) What is the nature of Xu Dashan’s behavior of reinforcing Qi’s house? Why?

(2) Does Xu Dashan have the right to require Qi to pay for the reinforcement? What materials did Qi pay for the house? Does Qi have an obligation to pay? Why?