Seek exam questions!

First, give a definition of a concept for each question, and then list four situations respectively, asking you to choose an answer that fits or doesn't fit the definition strictly according to the definition. Note: Assuming this definition is correct, there is no doubt.

1. agency: it is a civil legal act carried out by an agent in the name of the principal in accordance with the entrustment of the principal or the designation of the people's court or relevant units. The legal consequences arising from this behavior shall be borne by the principal.

according to the above definition, which of the following situations does not belong to agency behavior?

a. Zhang and Wang were neighbors, but they went to court because of a civil dispute. Considering that he doesn't know much about legal common sense, Wang invited a lawyer to represent him in court to fight this lawsuit. Wang finally won the lawsuit.

B. Chen Ming, a sixth-grade pupil, was influenced and instigated by unemployed people in society, making troubles all day, stealing chickens and dogs, and doing nothing. Once he was found stealing, and the owner laid hands on him too hard, and Chen Ming's legs were broken. His parents were very angry and immediately sued the court, demanding compensation from the other party.

C. A social gangster defrauded a lot of tuition fees in Wuhan in the name of enrolling students at a famous university branch in China, and then he rolled up his wallet and ran away?

D. Zhang is a prisoner, and his family has no other relatives except his wife. It never rains but it pours. His wife hanged herself because she was insulted by hooligans in the same village. Zhang is very angry and wants to file a lawsuit with the court. As he was serving his sentence and there was no one else in his family to represent him, the local court appointed a lawyer to represent him in this lawsuit?

2. chattel pledge: refers to the debtor or a third party handing over his chattel to the creditor for possession, and taking the chattel as the guarantee of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to receive compensation in priority with the price of the chattel's discount or sale or auction. Among them, the debtor or the third party pledgor, the creditor is the pledgee, and the transferred movable property is the pledge. According to the above definition, the following behaviors belong to chattel pledge:

a. The boss of a private enterprise hired a general manager with a high salary because of his limited management ability, and handed over the company to his management, drawing a certain profit every year and making the rest by himself?

B. A company is seriously short of working capital, which affects its normal production, so it borrows a large loan from the bank, and takes the company as collateral, stating that if it cannot be returned at maturity, the bank can auction its company?

C. Li Si owes a lot of money to others because of gambling. He is going to go out to do business and pay off his debts. Before he left, he used the real estate license as collateral in exchange for some capital?

D. Zhang× was unable to repay a large amount of medical expenses because of his long illness, and borrowed money from his fellow villagers with his real estate as collateral.

3. Deposit: refers to a certain amount of money paid by one party to the contract to the other party for the purpose of ensuring the performance of the contract. After the debtor performs the debt, the down payment shall be offset or recovered. If the party paying the deposit fails to perform the debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the debt, it shall double the deposit.

according to the above situation, the following are down payment:

a. Generally, college students have to pay off tuition and accommodation fees for one year before entering the school?

B. When signing a contract with another enterprise, an enterprise was worried that the other party would not be able to pay on time, so it asked the other party to specify in the contract that if the agreement could not be fulfilled, it would be guaranteed by all its industries.

C. A pharmaceutical factory was in short supply of a certain medicinal material, and after signing a contract with a medicinal material owner, it was worried that it would be sold to other pharmaceutical factories at a high price, so it paid him 3% of the total payment in advance?

D. At present, real estate developers always pay by installments when selling their houses. Generally, the down payment is 8, or 1,, and then several thousand every month?

4. Guardianship refers to a legal system in which specific citizens and organizations supervise, manage and protect persons, property and other legitimate rights and interests in order to protect the legitimate rights and interests of persons without civil capacity or persons with limited civil capacity.

according to the above definition, which of the following phenomena does not belong to guardianship?

a. Before Xiao Ming was under 1 years old, his parents always took care of his food, clothing, housing and transportation, and always paid attention to his health. For Xiaoming, his parents spend a lot of time and energy?

B. Xiaogang is a 15-year-old student who has not completed nine-year compulsory education but has to drop out of school. His parents said nothing, but insisted that he finish junior high school at least?

C. When Wang Fei was 24 years old, his father introduced him to an object. Despite Wang Fei's reluctance, both parents made concerted efforts to fix the marriage?

D. Zhao × suffers from severe schizophrenia because of being hit, and often does many unexpected things. During his stay in hospital, his wife kept watching him for fear of his accident, and prevented him from leaving the hospital

5. Administrative organ: a state organ set up in accordance with the provisions of the Constitution or the Administrative Organization Law to exercise state administrative functions. Its main features are: ① exercising state administrative authority and managing state administrative affairs; (2) the administrative organs implement the leadership-subordination system in the organizational system; (3) the administrative organs implement the head responsibility system in the decision-making system; (4) The functions of administrative organs are usually active, regular and uninterrupted. ?

according to the above definition, the following belong to the administrative organs:

a. the State Council B. China People's Political Consultative Conference?

C. National People's Congress D. the Supreme People's Court?

6. E-commerce refers to the sale of goods and services and the transfer of funds through digital communication. The following do not belong to e-commerce:

a. Microsoft set up its own home page to provide online computer software ordering service?

B. Transfer payment between enterprises through online banking?

C. Sina provides people with a lot of information for free every day?

D. Amazon Online Bookstore accepts orders online, but delivers products by mail

7. Limited liability company: also known as limited company, refers to an enterprise legal person established in accordance with the relevant provisions of the Company Law, in which shareholders are liable to the company to the extent of their capital contribution, and the company is liable to the company's debts with all its assets. The number of shareholders is limited by the maximum number, and shares cannot be publicly offered or issued, and there are strict restrictions on the transfer of shareholders.

which of the following units is not a limited liability company?

a. Beijing Electric Co., Ltd.?

B. 1 companies listed on the Beijing Stock Exchange?

C. Hebei food trade co., ltd?

D. After the company goes bankrupt, the shares of the company manager are all in deficit, but his personal property is not affected.

8. Right of subrogation: In property insurance, if the subject matter insured suffers losses within the scope of insurance liability due to the fault of a third party, after the insurer pays the insurance money according to the agreement in the insurance contract, the insurer may subrogate to exercise the right of the insured to claim compensation from the third party, that is, the right of subrogation

. ?

which of the following is not a necessary condition for exercising the right of subrogation?

a. in property insurance?

B. the subject matter insured exceeds 8, yuan?

C. the insured has the right to claim damages from the third party due to the insured accident?

D. has the insurer paid compensation to the insured?

9. challenge system: it refers to a litigation system in which judicial staff, including investigators, prosecutors, judges, clerks, appraisers, translators, etc., who have certain interests or other special relations with criminal cases cannot participate in the handling of the case

.

in a case, the following people can not avoid:

a. the client's mother, the forensic expert of the court?

B. the brother of the client, who is responsible for the simultaneous interpretation of the court?

C. The classmate of the client, the postman, lives next to the court?

D. the client's father, the deputy procurator-general of the county procuratorate, and the propaganda member of the party group?

1. Contract assignment: refers to the change of the subject of the contract, that is, the new contract party replaces the old contract party, but the object of the contract, that is, the object of the contract, has not changed. There are two situations of contract transfer; One is the transfer of creditor's rights, that is, the original creditor transfers its creditor's rights to the new creditor, so that the new creditor can replace the original creditor, and the other is the debt commitment, that is, the new debtor can replace the original debtor to bear the debt. In both cases, the creditor and the debtor have changed, but the nature and content of the debt have not changed. ?

which of the following does not belong to the contract transfer?

a. Xiao Wang owes Xiao Li 1 yuan money, but for other reasons, he asks Mr. Zhang to pay for Xiao Wang?

B. Xiao Wang lent Xiao Li 1 yuan money, and now Xiao Wang is not here, so he asked his neighbor to take it for him and give it to Xiao Wang when he came back.

C. Xiao Wang lent Xiao Li 1 yuan money, but Xiao Wang asked Xiao Li to return the money to Mr. Zhang?

D. Company A pays 1, yuan to help Company B pay its debts to Company C, and then Company B helps Company A recover its debts in Company D?

11. Labor remuneration: refers to the sum of all the remuneration received by workers for providing labor, which is equal to the sum of wages and benefits. ?

according to the above definition, which of the following combinations constitutes labor remuneration: ()?

a. Xiao Wang overfulfilled the piecework task by 5 pieces, and the company paid him RMB 5, according to the unit price of 1 yuan?

B. Xiao Wang overfulfilled the task, and the company gave him two weeks' paid vacation in addition to a certain amount of salary?

C. Xiao Wang used the 5, yuan issued by the company to buy stocks and gained 2, yuan?

D. Xiao Wang worked overtime for 4 hours after completing the task, and the company paid him 4 yuan's overtime pay

12. Technological innovation: in the theory of economic development, it refers to the first application of new technologies and inventions in production, which is to establish a new production function or supply function in the production system, resulting in a new combination of production factors and production conditions. Economics emphasizes that technological innovation has the characteristics of non-exclusivity, uncertainty, marketability and systematicness. ?

according to the above definition, which of the following behaviors belongs to technological innovation in economics: ()?

a. American space technology is extremely developed and advanced, and the space shuttle flies freely in space?

B. A Japanese food factory introduced advanced foreign production technology, which improved the product quality?

C. through continuous exploration, Haier group has produced household appliances that meet the needs of all kinds of people and achieved great market returns?

D. Microsoft technology can find the contents of any computer using Microsoft software?

13. Attempted crime: A crime has been committed and failed due to reasons other than the will of the criminals.

according to the above definition, which of the following situations is an attempted crime? ( )?

a. A hooligan followed a female classmate who came home from school with the intention of rape. When he pushed the girl to the ground and was about to commit rape, a man happened to pass by and heard the cry for help. Afraid of being caught, the hooligan got up and slipped away

B. An accountant of a bank took charge of the key to the safe. He opened the safe, took the cash and created a fake theft scene. When I got home, I was afraid that I would go to jail after I found out, so I went back to put the money back at night before anyone found it?

C. Because of long-term cruel treatment by the boss, three wage earners conspired to kill the boss at night. But at

night, none of the three people dared to start work, shirking each other, and finally had to dissolve?

D. There was a robbery on a bus, and the bus driver stepped forward to subdue these gangsters. Unfortunately, he was weak, and none of the passengers on the bus helped him, and he died unfortunately?

14. product positioning: in management science, product positioning refers to determining the function, quality, price, packaging, sales channels, service methods and so on of products (or services) in order to meet the target market. ?

according to the above definition, which of the following behaviors does not belong to the category of product positioning in management science: ()?

a. will our products serve the students at school?

B. Considering the income of consumers, our products will be priced around 1 yuan?

C. our service will be mainly achieved through on-site maintenance?

D. Our service will make you enjoy beauty

15. Education: Education is an activity to cultivate people, which can be divided into school education, social education and family education. However, there are differences between good and bad education, and there are also differences in the direction of training people. For example, some criminal gangs lure some minors to the road of crime. ?

according to the above statement, the following do not belong to the category of education: ()?

a. A group of children scramble to watch TV programs. B. Parents teach their children manners?

C. The school organizes students to visit the Revolution Museum D. Criminal gangs organize new members to carry out robbery experiments

16. Equal employment: it means that job seekers compete with each other as equals to achieve employment under the conditions of equal employment opportunities and the same employment standards. ?

according to the above definition, which of the following behaviors belongs to equal employment ()?

a. when a large company recruits, it gives priority to the children of its employees?

B. zhangyan is a female college student. In several job applications, she was dismissed because she is a woman?

C. Zhang Yonggong, the son of a company's deputy general manager, did not take the exam and went directly to work in the company's key departments?

D. The central state organs publish job advertisements for the whole country among college graduates this year, explaining the recruitment conditions, stipulating the written interview results and recruiting national civil servants?

17. State secrets: State secrets refer to matters related to national security and interests, which are determined according to legal procedures and only known to a certain range of people within a certain period of time. ?

according to the above definition, which of the following statements is not a state secret ()?

a. Wang works in a state organ, and some documents are related to national security and interests?

B. Some related contents of Zhang's unit are not allowed to be made public?

C. Li's unit stipulates that it is forbidden to contact with a certain range of people within a certain period of time?

D. Legal procedures of the court at trial?

18. counterclaim: refers to the request made by the defendant to the judicial organ in the civil litigation that has already started, aiming at making the original complaint revoked or ineffective. The defendant in the counterclaim is the plaintiff of this lawsuit, and the counterclaim should be filed before the judgment of this lawsuit at the latest. A counterclaim can only be filed with the judicial organ hearing this lawsuit, and it should be related to the object or reason of this lawsuit. ?

according to the above definition, which of the following situations is a counterclaim? ( )?

a. They went to court because of a civil dispute, and the court made a judgment of first instance. The defendant won the case, but the plaintiff refused to accept it, so they filed a lawsuit with a higher people's court?

B. An unemployed person once broke into someone else's house and was taken to court for burglary. But when he entered the master's room, he found that the master was suspected of murder, so he sued the master for seeking crime?

C. A factory manager was found by an accountant for misappropriating public funds, and for fear that he would report it, the wicked first complained and prosecuted the accountant for dereliction of duty and other charges?

D. An economic dispute occurred between two companies in Guangdong, and the seller sued the seller because the buyer refused to perform the contract and paid all the money. During the trial, the buyer thought that the quality of the goods was too poor because of the seller