Practice the Law on Tax-related Services -202 1 Tax Agent Examination once a day.
multiple-choice
1. In a civil lawsuit, the plaintiff provided the court with the testimony of four witnesses, Zhou, Song and Yang, among whom Zhou was a middle school student aged 15, and his father refused to let him testify in court; Wu Mou is Wu Yongjun's younger brother; Song is a lawyer's wife; Yang is the president of the Intermediate People's Court. Song, and Yang all testified in person. Then in the above-mentioned witness testimony, the testimony that can be used as the basis for determining the facts of the case alone is ().
A. Zhou
the Song Dynasty; a surname
C. Wu Mou
Yang Dan
2. On February 4, 2008+2065438, he filed a lawsuit with the court, requesting to dissolve the marriage relationship with Zhang. After mediation by the court, he filed an application for withdrawal with the permission of the court. On July 20, 2008, 20 1, he filed a lawsuit to dissolve the marriage relationship with the court again without any new circumstances or new reasons, and the court should ().
A. Dismiss the indictment
B. Hard to admit
C. it is impossible to re-prosecute, because this matter is no longer handled.
D. Reject the claim
3. Regarding the time limit for adducing evidence in civil proceedings, the following statement is wrong ().
The time limit for adducing evidence may be agreed upon by the parties through consultation and approved by the people's court.
B if a party applies for extending the time limit for adducing evidence, it shall submit a written application to the people's court before the end of the court debate.
C if the people's court stipulates the time limit for adducing evidence, the ordinary case of first instance shall not be less than 15 days.
D. If the reasons for applying for extending the time limit for adducing evidence are established, the people's court shall allow and appropriately extend the time limit for adducing evidence, and notify other parties.
4. A's domicile is in place A, and B's domicile is in place B. One day, A was injured by B in place C, and A wanted to file an infringement lawsuit. The following statement about the jurisdiction of the case is correct ().
A. jurisdiction of the local people's court.
B under the jurisdiction of the people's court where party b is located.
C. under the jurisdiction of the people's court in place C.
D. under the jurisdiction of the people's court in place B or C.
In order to kill his wife, the husband put poison in her rice bowl. Knowing that their children may be poisoned by sharing food, they are eager to kill their wives and ignore their children's life and death. Husband's psychological attitude towards his wife and children is () respectively.
A. it's all direct and intentional.
B. Direct intention and indirect intention
C. direct intent and negligence
D. Direct intentional and overconfident negligence
Reference answer and analysis
1. Answer D. The examination of this question cannot be used as evidence to independently determine the factual basis of the case. On the one hand, Zhou is a minor, on the other hand, he does not testify in court without justifiable reasons. Therefore, his testimony cannot be used as the basis for separately determining the facts of the case. So option a is wrong. Song is the wife of the plaintiff's attorney and belongs to a person who has an interest in one of the agents. Therefore, his testimony cannot be used as the basis for determining the facts of the case alone. So option b is wrong. Wu Mou, the younger brother of the plaintiff, is an interested party. Therefore, his testimony cannot be used as the basis for determining the facts of the case alone. So option c is wrong. Although Yang is the president of the court, it does not prevent him from testifying as a witness. At the same time, the title does not give him an interest in the case. Therefore, his testimony can be used as the basis for determining the facts of the case alone. So option d is correct.
2. Answer B. This question examines the issues of civil litigation and prosecution. A divorce case in which the plaintiff withdraws the lawsuit or is handled according to the withdrawal of the lawsuit, if there is no new situation or new reason, and the lawsuit is filed within 6 months, it will not be accepted.
3. Answer B. This question examines the time limit for adducing evidence in civil proceedings. Where a party applies for extending the time limit for adducing evidence, it shall submit a written application to the people's court before the time limit for adducing evidence expires.
4. Answer D. This question examines the courts under the jurisdiction of civil litigation. A lawsuit brought for infringement shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.
5. Answer B. This question examines the subjective aspect of crime. In this topic, the husband put poison in his wife's rice bowl in order to kill her. The husband's psychological attitude towards his wife is that he knows that his poisoning behavior will lead to his wife's death, but he hopes this result will happen. Therefore, the husband's subjective psychological attitude towards his wife is direct and intentional. In order to kill his wife, the husband knew that the child might be poisoned by sharing food. Because he was eager to kill his wife, regardless of the child's life and death, he let this harmful consequence happen. A's subjective psychological attitude towards children is indirect and intentional.
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