58-question single choice +20-question multiple choice (legal questions, please ask legal experts for help)

I spent a lot of time on the following topics this afternoon, hoping to help you.

I write the answer to each question under the four options of each question. Because the layout will automatically adjust after submission, the theme options may look untidy. I revised it several times, and now the layout looks much better.

In addition, for some important knowledge points and common test sites in the civil law exam, I attached an analysis or marked the source of relevant laws and regulations to the answer. I hope it will be helpful to your study.

The following topics, the main examination directions are: 1, copyright law; 2. Patent Law; 3. Trademark Law; 4. Property Law; 5. Urban real estate management law. You can find some related reference books for study and review.

About the learning method of civil law, I will say a few words briefly, which will be helpful to your usual study:

The content of civil law is too much and complicated. In my opinion, when studying at ordinary times, the most important thing is to understand and remember more important rules. I believe I will succeed! !

Finally, I wish you progress in your study and smooth sailing on the hard legal road! !

1, Party A bought a painting from a certain place in Party B, and Party A enjoys the property right of the painting and its (). A, copy right b, lease right c, adaptation right d, exhibition right

D

With the permission of Party B, Party A adapted Party B's novel into a screenplay. After obtaining the script manuscript, Party C adapted the script into a TV script and published it without the consent of both parties. Which of the following statements about Party C's behavior is correct? ( )

A. Party A's copyright is infringed, but Party B's copyright is not infringed; Infringed the copyright of Party B, but did not infringe the copyright of Party A; Does not constitute infringement D, the copyright of Party A and the copyright of Party B have been infringed.

D

3. The background music played by the store involves the music copyright owner ().

A, distribution right b, performance right c, projection right d, broadcasting right

D

One year after retirement, employee B of Company A made a work-related invention in the original unit. Do you think the invention of employee B belongs to ()?

A, service invention b, non-service invention c, cooperative invention d, commissioned invention

B

5. In our country, we can put forward () the manufacturing method of new TV sets.

A. application for patent for invention and utility model B. application for patent for invention and design C. application for patent for invention, utility model and design D. application for patent for invention cannot apply for patent for utility model or design.

D

6. In our country, when judging the novelty of the invention, the publication and use of the public adopt () respectively.

A, world standard, domestic standard b, domestic standard, world standard c, world standard d, domestic standard, domestic standard.

A

7, publications adopt world standards; Publicly adopt domestic standards through use or other non-publishing methods.

The registered trademark "Apple" of a company was approved for use in washing machines. In order to effectively protect the trademark, the company applied for the registration of three trademarks: "Red Apple", "Green Apple" and "Yellow Apple" on the washing machine, and these three trademarks are ().

A, joint trademark b, defensive trade mark c, collective trademark d, certification trademark.

A

"Joint trademark" refers to the use of several registered similar trademarks by the same trademark holder on the same or similar goods.

8. The graphics, fonts and colors on the front and both sides of the "Tianxiajing" brand wine packaging produced by a winery are similar to those of Marlboro brand cigarette packaging boxes registered in China, and the logo printed on the seal is similar to Marlboro cigarettes. After finding out, the industrial and commercial bureau where the factory is located ordered the factory to stop selling this wine, collect all its outer packaging and impose a fine. Which of the following views is correct about this case? ( )

A, the factory use commodity decoration, does not constitute an infringement of the exclusive right to use trademarks of others. B, wine and cigarettes are not similar products, so there is no infringement in this case. C Marlboro is a well-known trademark, and the scope of protection should be expanded according to the Paris Convention for the Protection of Industrial Property. D. In this case, the administrative department for industry and commerce has no right to investigate and deal with the Marlboro manufacturer without making a complaint.

C see "well-known trademarks" related laws and regulations.

9, intellectual property is a kind of ().

A, intangible property right b, ownership c, creditor's rights d, and litigation right

A

10, architectural works refer to ().

A, building itself b, architectural design c, architectural model d, building itself and architectural design.

D

1 1, master of Chinese painting Li wanted to record his legendary life, so he asked writer Wang to write and assistant Zhang to sort out the materials. Wang completed the autobiographical novel My Artistic Life based on Li's life experience. Li Xiangwang paid 50,000 yuan, but no agreement was reached on the ownership of the copyright. Who should own the copyright of this novel? () a copy, owned by the king; B, owned by Li; C, owned by Wang and Zhang; D is owned by Wang, Zhang and Li.

A

If the contract does not stipulate the ownership of copyright, the copyright belongs to the trustee, that is, to the creator. Therefore, the copyright of the novel belongs to the king.

12, according to China's copyright acquisition system, which of the following options is in line with the situation of Chinese citizens' copyright? () A and B are automatically generated with the publication of the work, C is automatically generated with the completion of the creation of the work, and D is automatically generated after the copyright mark is added to the work, which is generated after the work is fixed in a certain material form.

B

13, display right refers to technical equipment (). A. Public performance of works B. Public play of works C. Public copy of works D. Public play of works

C

On 14, Company A assigned its researchers B and C to research and develop a technology. After this technology was developed, Company A decided to apply for a patent for this technology. When filling in the patent application documents, the column "Inventor" should be filled in (). A. company name A B, company name b or c, company name a and company names b and C D, b and c.

D

According to the Copyright Law, the authors of professional works have the right of signature, so the names of researchers B and C should be filled in.

15. Party A entrusts Party B to develop a new product, but there is no clear agreement on the ownership of the patent application right for this product. At the time of product development, its patent application right in China should belong to () A, A B, A and B * * * C, B D and the country.

C

According to the copyright law, if there is no agreement on the ownership of the patent right, it belongs to the trustee. So the patent right belongs to B.

16. If two applicants apply for a patent for the same invention and creation on the same day, they shall (). A, determine the applicant B in sequence, determine the applicant C through self-negotiation, determine the applicant D by the applicant acceptance unit, and determine the application according to the principle of first invention.

A

17, Party A started to use the "Jianhua" brand trademark on 1 0999, and Party B started to use the same trademark on April 1 of the same year. On May 1 2000, Party A and Party B delivered the application documents for registering the "Jianhua" trademark to the Trademark Office, but the application documents of Party A were delivered on May 8 and the documents of Party B were delivered on May 5. Whose application was initially approved and announced by the Trademark Office?

A. Announce at the same time. Since both parties have the same application date, announce Party B's application, and announce that Party B's application precedes Party C and Party A's application. Although both parties apply at the same time, Party A's application takes precedence over D, and the Trademark Office is free to decide.

C

18. According to relevant regulations, the following trademarks are generally not transferable (). A, graphic trademark b, sales trademark c, collective trademark d, fictional trademark

D

19. Among the following rights, the one that does not belong to the scope of China's usufructuary right is (). A. Land contractual management right B. Construction land use right C. Mortgage D. Easement

C

"Mortgage" is a kind of security interest.

20. The following statement about the maximum period of land use right transfer is correct (). A. 70 years of residential land B. 40 years of industrial land C. 30 years of recreational land D. 70 years of educational and cultural land.

A

2 1. The institution exercising the ownership of state-owned land on behalf of the state is () A. the State Council B. Ministry of Land and Resources C. Chairman of the National People's Congress D.

A

22. The specific way of paid use of state-owned land does not include (). A. Transfer of ownership of state-owned land B. Transfer of state-owned land use right C. Lease of state-owned land D. Contribution or shareholding of state-owned land use right at a fixed price.

choose one

Remember: in our country, land ownership cannot be transferred, only land use right can be transferred.

23. According to the provisions of the Property Law, the disposal of all real estate owned by * * * shall be subject to the consent of the owner (). A. All B. One third C. Two thirds D. Half

C please refer to article 97 of the property law.

24. The Urban Real Estate Management Law stipulates that when real estate is mortgaged, the ownership of the house and the land use right within the occupied area of the house are mortgaged together.

A. to separate B. must be at the same time C. can be D. banned.

B

25. The following does not belong to the legal form of urban housing demolition in China is (). A. Self-demolition B. Entrusted demolition C. Social demolition D. Unified demolition

A

26. The following circumstances that do not belong to the pre-sale permit of commercial housing are (). A. obtain the certificate of land use right. B. The investment accounts for more than 25% of the total investment of the project construction. Hold a construction project planning permit. D. entrust an agent to sell commercial housing.

D

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3 1. The main body of hiring a professional property management company to implement property management is (). A. residents' committees B. housing management departments C. owners' committees D. owners' assembly

C

32. The Law on Urban Real Estate Management stipulates that when real estate is mortgaged, the ownership of the house and the land use right within the occupied area of the house are mortgaged together. A. to separate B. must be at the same time C. D can be banned successively.

B

33. The object of real estate transactions does not include (). A. Real estate agency service B. Land use right C. Ownership of above-ground buildings D. Ownership of above-ground buildings

A

34. The following does not belong to the scope of farmers' collective land is (). A. Homestead B. Plot C. Plot D. Urban and suburban land

D

35. The institution that exercises the ownership of state-owned land on behalf of the state is () A. the State Council B. Ministry of Land and Resources C. Chairman of the National People's Congress D.

A

36. Regarding the restrictions on the pre-sale of commercial housing in the Urban Real Estate Management Law, the following statements are incorrect: (1) All the land use right transfer fees have been paid and the land use right certificate has been obtained; (two) has held a construction project planning permit; The invested development and construction funds reach 20% of the total investment of the construction project; (four) has been registered with the real estate management department of the people's government at or above the county level, and obtained the pre-sale permit for commercial housing.

D

37. Party A and Party B jointly contribute to buy a house and rent it to Party C. During the lease period, Party B wants to transfer its share of * * *, and now both parties have expressed their willingness to buy it, then Party A has the preemptive right. B. Under the same conditions, Party C has the preemptive right. C. Under the same conditions, who does Party B decide to sell it to? D.

choose one

Analysis: A is related to B; Party B has a lease relationship with Party C; Both Party A and Party C have the preemptive right, but China's Property Law stipulates that under the same conditions, the owner's preemptive right has priority over the lessee. Therefore, under the same conditions, Party A has the preemptive right.

38. Wanmou sold the rented house, and then informed the lessee Qi to ask him to withdraw the rent. Qi refused to return the rent and didn't mean to buy it. So Wanmou refused to pay the rent and was deadlocked for half a year. After the house was bought by Qiu, Qiu asked Qi to move out and Qi ignored it. Qiu also asked Wan to drive Qi away. Wan thinks that the house is no longer his own, and he has no obligation to drive Qi away. How to deal with this case () A Wan's house sales contract with Qiu is invalid; The house sales contract between B Wanmou and Qiu should be terminated; Whether the house sales contract between C Wanmou and Qiu is valid; Qi should withdraw the rent from Ding Wanmou and Qiu's house sales contract is valid; Qiu was succeeded by the lessor of Wan.

Choose D.

According to the principle of "sale does not break the lease", that is, the lessee sells the house to others during the lease period, which does not affect the validity of the lease contract. The new buyer shall not deny the existence of the lease relationship.

39. Among the following rights, the one that does not belong to the scope of usufructuary right in China's real right is (). A. Right to use homestead B. Right to use construction land C. Lien D. Easement

This is a legal security interest.

40. The following statement about the maximum period of land use right transfer is correct (). A. 40 years of recreational land B. 40 years of industrial land C. 50 years of residential land D. 70 years of educational and cultural land.

A

(a) residential land for seventy years; (two) fifty years of industrial land;

(three) fifty years of land for education, science and technology, culture, health and sports;

(four) forty years of commercial, tourism and entertainment land;

(five) comprehensive or other land for fifty years.

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4 1. The institution exercising the ownership of state-owned land on behalf of the state is () A. the State Council B. Ministry of Land and Resources C. People's governments at all levels D. president.

A

42. The specific way of paid use of state-owned land does not include (). A. Transfer of ownership of state-owned land B. Transfer of state-owned land use right C. Lease of state-owned land D. Contribution or shareholding of state-owned land use right at a fixed price.

A

43. According to the provisions of the Property Law, the following changes in property rights take effect when the factual act is realized (). A. Transferring the house B. Inheriting the house C. Demolishing the house D. Rebuilding the house

Choose B.

Inheritance belongs to the original way of obtaining real right, and the heir obtains real right directly from the time of inheritance.

44. The Property Law stipulates that if the building and the right to use the construction land occupied by it are not mortgaged together, then (). A.only the building is mortgaged. B. as a mortgage. C. mortgage only the right to use construction land. D. no mortgage has been set.

B

45. The following demolition does not belong to the "urban housing demolition management measures" adjustment is (). A. residence on state-owned land in urban planning area B. non-residence on state-owned land in urban planning area C. peasant residence on homestead D. ancillary buildings on state-owned land in urban planning area

C

46. The following circumstances that do not belong to the pre-sale permit of commercial housing are (). A. obtain the certificate of land use right. B. The investment accounts for more than 25% of the total investment of the project construction. Hold a construction project planning permit. D. entrust an agent to sell commercial housing.

D

47. The main body of hiring a professional property management company to implement property management is (). A. residents' committees B. housing management departments C. owners' committees D. owners' assembly

C

The "owners' congress" is the management organization, and the "owners' committee" is the executive organization of the owners' congress to implement the decisions made by the owners' congress.

48. Before going abroad, Party A gave the house managed by his younger brother B to his friend C, and Party A gave the house ownership certificate to C. After learning about it, Party B proposed that the house had not gone through the house transfer registration procedures, so the ownership of the house should be owned by him. The ownership of the current house should be owned by () according to law. A. A, b, b, c, c, d, a and B * * * Yes.

A

49. The following land not acquired by transferring the right to use state-owned land is () a commercial residential land, b entertainment land, c commercial land and d urban infrastructure land.

D

"Urban infrastructure land" is obtained by allocation. See Article 137 of the Property Law.

50. House demolition must be carried out according to certain procedures. The following are not included in this procedure: (1) Apply for a planned land use permit; B) Prepare the demolition plan and scheme; C) Apply for house demolition permit; D) issue a demolition notice.

A

5 1. The maintenance fund of the building and its ancillary facilities belongs to the owner * * * for (). A. Pay the property management fee B. Maintain the indoor equipment of the owner C. Maintain the greening of the community D. Maintain the elevator in the building.

D

Please refer to Article 79 of the Property Law.

52. The Law on Urban Real Estate Management stipulates that when real estate is mortgaged, the ownership of the house and the land use right within the occupied area of the house are mortgaged together. A. to separate B. must be at the same time C. D can be banned successively.

B

53. The object of real estate transactions does not include (). A. Real estate agency service B. Land use right C. Ownership of above-ground buildings D. Ownership of above-ground buildings

A

54. The following does not belong to the scope of state-owned land is (). A. land in urban areas B. it cannot be proved that the disputed land belongs to farmers' collective ownership C. berm land outside the river bank D. homestead

D

"Homestead" is collectively owned.

55. The institution that exercises the ownership of state-owned land on behalf of the state is () A. the State Council B. Ministry of Land and Resources C. Chairman of the National People's Congress D.

A

56. Regarding the restrictions on the pre-sale of commercial housing in the Urban Real Estate Management Law, the following statements are incorrect: (1) All the land use right transfer fees have been paid and the land use right certificate has been obtained; (two) has held a construction project planning permit; (c) The investment in development and construction has reached 20% of the total investment of the construction project; (4) It has gone through the pre-sale registration with the real estate management department of the people's government at or above the county level and obtained the pre-sale permit for commercial housing.

D

57. Party A and Party B jointly contribute to buy a house and lease it to Party C. During the lease period, Party B wants to transfer its share of * * *, and now both parties express their willingness to buy the house. () A. Under the same conditions, Party A has the preemptive right. B. Under the same conditions, Party C has the preemptive right. C. Under the same conditions, Party B decides who to sell it to.

choose one

A and b are related; Party B has a lease relationship with Party C; Both Party A and Party C have the preemptive right, but China's Property Law stipulates that under the same conditions, the owner's preemptive right has priority over the lessee. Therefore, under the same conditions, Party A has the preemptive right.

58. Wanmou sold the rented house, and then informed the lessee Qi Mou to ask him to withdraw the rent. Qi refused to return the rent and didn't mean to buy it. So Wanmou refused to pay the rent and was deadlocked for half a year. After the house was bought by Qiu, Qiu asked Qi to move out and Qi ignored it. Qiu also asked Wan to drive Qi away. Wan thinks that the house is no longer his own, and he has no obligation to drive Qi away. How to deal with this situation ()

The house sales contract between A Wanmou and Qiu Mou is invalid. The house sales contract between B Wanmou and Qiu Mou should be cancelled. The house sales contract between C Wanmou and Qiu Mou is valid. Qimou should withdraw the lease, and the house sales contract between D Wanmou and Qiu Mou is valid, and Qiu Mou continues to be the lessor of Wan Mou.

Choose D.

According to the principle of "sale does not break the lease", that is, the lessee sells the house to others during the lease period, which does not affect the validity of the lease contract. The new buyer shall not deny the existence of the lease relationship.

Multiple choice questions ***20 questions

1 According to the provisions of the Property Law, the following items are the basis for dealing with neighboring relations () A. Laws B. Regulations C. Local customs D. Local customs

Choose ABCD.

Among them, CD is based on the principle of "public order and good customs" in the property law.

2, the owner's building ownership is actually a kind of compound rights, it includes (). A. * * * has rights B. Proprietary part ownership C. * * * Part holds decentralized D. * * * and management's membership rights.

Choose ABCD.

For details, please refer to the relevant clauses in Chapter VI "Distinguished Ownership of Buildings" of the Property Law.

3. According to the provisions of the Property Law, the scope of the right to use construction land can be established. On the ground B. On the ground C. On the ground D. Underground

Alkaline catalytic decomposition.

Please refer to Article 136 of the Property Law.

4. The following belong to the scope of "one book and two certificates" issued by the planning administrative department according to law (). A. Construction land planning permit B. Land planning permit C. Real estate development opinions D. Construction project planning permit

Automatic call distribution system

5. The necessary procedures for real estate transfer include (). A. Sign the contract B. Pay taxes C. Publish the announcement of property right transfer D. Announcement

American Broadcasting Company Inc (ABC)

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6. According to the provisions of the Real Estate Management Law, the prohibited conditions for real estate transfer include (). A. the administrative organ decides to restrict the real estate rights. B. recover land ownership according to law. C. * * * There are cases where the transfer of real estate is prohibited by local legislation without the written consent of others.

Accelerated business collection and delivery system (adopted by the United States post office)

7. The "Urban Real Estate Management Law" stipulates that the state implements the () system. A. real estate transaction price declaration B. deed tax registration C. citizenship certification D. real estate price evaluation

Bachelor of science

8. If the land is not developed according to the agreed commencement date, the following measures can be taken according to national laws and regulations (). A. recover the land use right free of charge B. forcibly recover the land use right, but give appropriate compensation C. land idle fee equivalent to less than 20% of the land use right transfer fee D. land idle fee equivalent to more than 20% of the land use right transfer fee can be collected.

Alternating current

9, the following about the project construction procedure is correct (). You should apply to the municipal construction administrative department for a construction land planning permit. You should apply to the municipal planning administrative department for a construction project planning permit. You should apply to the municipal administrative department of construction for a building permit. You should apply to the municipal planning administration department for a demolition permit first.

American Broadcasting Company Inc (ABC)

10, in the management of house demolition, the following statement is incorrect (). Developers must apply for a house demolition permit. B. A professional demolition unit must be entrusted for demolition. C. The developer must sign a house demolition agreement with the demolished person before the demolition. D. Forced demolition can only be carried out through legal procedures.

Automatic call distribution system

1 1. According to the Property Law, the following property ownership can only belong to the state: () A. Mineral resources B. Water flow C. Sea area D. Land.

ABC .

Land can be owned by the collective.

12. The Urban Real Estate Management Law stipulates that the state shall implement the () system. A. real estate transaction price declaration B. deed tax registration C. citizenship certification D. real estate price evaluation

Bachelor of science

13. According to the provisions of the Property Law, the scope of the right to use construction land can be set in the land (). On the ground B. On the ground C. On the ground D. Underground

BCD

14, the following belong to the scope of "one book and two certificates" issued by the planning administrative department according to law (). A. Construction land planning permit B. Land planning permit C. Real estate development opinions D. Construction project planning permit

Automatic call distribution system

15. According to the Regulations on the Administration of Urban Real Estate Transfer, the following are other legal real estate transfer methods (). A. fixed-price real estate stocks. B. One party pays for the land, and the other party pays for the cooperative housing. C.d. real estate gift to pay off debts with real estate.

Automatic call distribution system

16, according to the provisions of the property law, the following as mortgaged property is (). A. Buildings and other land attachments B. Construction land use rights C. Buildings under construction D. Land ownership

American Broadcasting Company Inc (ABC)

For specific provisions on the scope of mortgaged property, please refer to Article 180 of the Property Law. In addition, it should be noted that land ownership belongs to the state and cannot be mortgaged.

17. The owner's condominium ownership is actually a compound right, including (). A. * * * has rights B. Proprietary part ownership C. * * * Part holds decentralized D. * * * and management's membership rights.

Accelerated business collection and delivery system (adopted by the United States post office)

18. If the land is not developed during the agreed construction period, the following treatment can be made according to national laws and regulations (). A. recover the land use right free of charge B. forcibly recover the land use right, but give appropriate compensation C. land idle fee equivalent to less than 20% of the land use right transfer fee D. land idle fee equivalent to more than 20% of the land use right transfer fee can be collected.

Alternating current

19, the following project construction application procedure is correct (). You should apply to the municipal construction administrative department for a construction land planning permit. You should apply to the municipal planning administrative department for a construction project planning permit. You should apply to the municipal administrative department of construction for a building permit. You should apply to the municipal planning administration department for a demolition permit first.

Accelerated business collection and delivery system (adopted by the United States post office)

20. In the management of house demolition, the following statement is incorrect (). Developers must apply for a house demolition permit. B. A professional demolition unit must be entrusted for demolition. C. The developer must sign a house demolition agreement with the demolished person before the demolition. D. Forced demolition can only be carried out through legal procedures.

Automatic call distribution system