2007 National Judicial Examination Paper III www.cnsikao.com date: 2007-9-17 medium and small】 【font size Click to view the answer Note: This paper is multiple choice, read by the computer. Please mark your selected answers on the answer card, do not directly answer the questions on the paper. Section One: Single Choice Questions, each question has only one correct answer among the given options. This section includes questions 1-50, with a total of 50 points.
1. A hotel room provides snacks and drinks for guests to choose from at prices significantly higher than similar goods in the market. The renter, lacking experience, failed to pay attention to the price and mistakenly believed that the hotel offered these items free of charge. After drinking a bottle of wine, the renter protested when charged at checkout. Which of the following options is correct? A. The relationship should be... B. Payment should be market-related... C. No payment should be made... D. Half payment should be made...
2. A was seriously injured by B and had to pay medical expenses of 50,000 yuan. They agreed as follows: "B will compensate A with 50,000 yuan for medical expenses, and A cannot denounce B." After receiving the compensation, A reported B to the public security organs, resulting in B's conviction. Which of the following options is correct? A. The agreement between A and B is effective... B. B has the right to revoke the agreement... C. The agreement between A and B is... D. B has no right to demand the return of the 50,000 yuan compensation...
3. A business manager B signed a long-term service contract with Restaurant C, where meals were settled by the company monthly. Due to some reasons, B resigned and at the end of the month went to check out at the restaurant. The company claimed that B served several personal friends during the month and thus refused to pay for B’s meals. Which of the following options is correct? A. The company should pay... B. The company should pay, jointly and severally liable... C. The company has the right to refuse payment... D. The company should bear additional responsibility...
4. Company A consulted with Company B about purchasing some parts they manufactured. Due to the demanding process, only Company B could produce samples meeting the requirements before bulk purchase could be considered. Upon completing the sample, Company A adjusted its business strategy significantly and then notified Company B: "Our company does not need such parts anymore, ending negotiations." Which of the following options is correct? A. Company A breached the contract... B. Company A's actions constitute negligence... C. Company A's actions constitute infringement... D. Company B should compensate for any loss...
5. Wang, who had been childless for many years, went to a hospital. The hospital introduced two artificial reproductive technologies, A and B. Wang chose technology A and paid the corresponding fees, but the hospital actually used technology B for treatment. After the treatment failed, Wang requested the return of all medical expenses. Which of the following options is correct? A. The hospital should return all medical expenses... B. The hospital should return the medical fee charged... C. Wang has the right to request the return of medical expenses or compensation for losses... D. Wang has the right to request the return of medical expenses but not damages...
6. B bought a set of housing and had already paid one-third of the price. Both parties agreed to complete the transfer procedures after full payment. Later, A revoked the agreement and required termination of the contract. B disagreed and sued A to continue the contract and transfer ownership of the housing. Which of the following options is correct? A. The contract is not yet effective... B. Avoidance of the contract... C. The contract is effective... D. The court should terminate the contract and order compensation for B's loss...
7. Zhang found that his wages exceeded 20,000 yuan due to an error by the financial staff. He lent 10,000 yuan of it to Mr. Kwak for interest at 500 yuan; another 10,000 yuan was invested in the stock market. Upon discovering the error, the unit asked Zhang to return the money. Investigations revealed that the 10,000 yuan lent to Mr. Kwak was overdue, and the 10,000 yuan invested in the stock market had yielded a profit of 2,000 yuan. Which of the following options is correct? A. Zhang should return 20,000 yuan to the unit... B. Zhang should return 22,000 yuan to the unit... C. Zhang should return 22,500 yuan to the unit... D. Zhang should return 20,000 yuan and its interest to the unit...
8. A company advertised on television, stating there were 100 cars available, each priced at 15 million, with the advertising period lasting 10 days. Company B came to buy cars on the fifth day after the advertisement was published, but the cars had already been sold out. Which of the following options is correct? A. A... B. A should bear fault liability for breach of contract... C. A... D. A should not bear civil liability...
9. Zhao gave a skittish horse to Lee but did not inform him of the horse's behavior. While transporting goods with the horse-drawn cart, a thunderstorm occurred, startling the horse, which bolted and hit pedestrian Wang. Which of the following options is correct? A. Zhao should take full responsibility... B. Lee should be held responsible... C. Zhao and Lee should be jointly and severally liable... D. Lee should bear primary responsibility, and Zhao should also bear some responsibility...
10. In which of the following cases can a bona fide third party not acquire the corresponding property based on the good faith system? A. In real estate transactions with retention of title, the buyer sells the subject matter in its possession without the knowledge of the third party... B. The lessee pledges the leased computer to the creditor without the knowledge of the creditor... C. The quality of material transferred without the knowledge of the third party... D. The trustee gifts specific items on behalf of the people referred to without the knowledge of the third party...
(Note: Due to the length and complexity of the original text, only the first ten questions have been translated here. If you require further translation, please let me know!)