"Civil Procedure Law" test questions and answers (A) Author: Cai Quanyi*Xianfeng
1. Multiple-choice questions (a total of 10 questions, each with 4 options, only one of which is correct, please fill in the sequence number of the correct answer in brackets. 2 points for each question, 20 points in total.) 1
. During the execution of an effective judgment, if the person subject to execution provides a guarantee to the people's court, and with the consent of the person applying for execution, the people's court may (B).
A．Order to suspend execution B. Decided to suspend implementation
C. Order to suspend execution D. Decision to suspend execution
2. If a foreign court restricts the civil procedure rights of citizens, legal persons and other organizations of the People's Republic of China, the People's Republic of China shall implement (B) the civil procedure rights of citizens, enterprises and organizations of that country.
A．The principle of equality b. The principle of reciprocity c. The principle of reciprocity d. The principle of mutual benefit
3. Person A filed a lawsuit in the People's Court requesting to terminate the adoption relationship with Party B, but the court of first instance ruled that the termination was not allowed. A refused to accept the judgment of the court of first instance and appealed to the higher court. On the fifth day after the appeal, A died in a car accident. How should the case be handled? (C)
A．The litigation is terminated by the people's court of first instance B. The people's court of first instance rejects the appeal
C. The lawsuit is terminated by the people's court of second instance D. The appeal was rejected by the people's court of second instance.
4. Li received the judgment on June 10. On June 15, a flood occurred in the place where the party was located, and the traffic was cut off. The obstacles were removed on June 23. On June 24, the party concerned applied to the People's Court for an extension of the appeal period, which was approved by the court's review, and the extended appeal period should expire at (C).
A．July 1 b. July 2 c. July 3 D．July 4th
5. The party concerned applies to the people's court for evidence preservation, no later than before the expiration of the time limit for producing evidence (A).
A．seven days b. Six days c. five days D．6.
If the party provides new evidence in the retrial procedure, it shall be submitted in (A).
A．When applying for retrial B. At the time of retrial
C. Before retrial D. 7. For
which of the following effective judgments or rulings, can the parties apply for retrial? (A)
A．Ruling on inadmissibility and dismissal of the complaint
B. Judgment of dissolution of marriage
C. Cases in which the original judgment was upheld after being tried in accordance with the retrial procedure
D.
8. The parties and their legal representatives may entrust (B) as their litigation representatives for cases tried in accordance with the public notice procedure .
A．One to three people b. One or two people C. Two to three people D. Three persons
9. In the case of determining that the property has no owner, if someone makes a claim on the property during the announcement period, the people's court shall (C).
A．Ruling to suspend the original special procedure B. Tried according to the retrial procedure
C. Ruling to terminate the special procedure and informing the applicant to sue separately
D. Re-file the case and try it together with the original case.
10. The trial period for the summary procedure is (B).
A．Three months, which can be extended B. Three months, not to be extended
C. Six months, not to be extended D. Six months, can be extended for
two or multiple-choice questions (a total of 10 small questions, each with 4 options, of which only two or more options are correct answers, please fill in the sequence number of the correct answer in the back of the question In brackets. 2 points for each sub-question, 20 points in total.)
1. For the following compulsory measures against obstruction of civil litigation, the decision letter should be used (CD).
A．admonition b. Arrest C．Fine D．detention
2. In the dispute over the payment of goods between Company A and Company B, the people's court presided over the mediation, and the two parties reached a mediation agreement. Company B shall pay the outstanding payment of 2.1 million yuan to Company A within 7 days after the mediation agreement becomes effective, and the remaining responsibilities shall be terminated. pursue. After the mediation agreement is signed by both parties, it will produce the following legal effects (ACD).
A．The payment dispute between Company A and Company B is eliminated.
B．The business relationship between Company A and Company B is eliminated
C. Either party shall not go back on his word, and sue again on the payment dispute
.
When Company B refuses to pay the payment of 2.1 million yuan, Company A has the right to apply to the court for compulsory enforcement . Litigation and acceptance of litigation documents. During the litigation process, the district court can apply the (AD) method to serve litigation documents on Wang Li.
A．Served to Wang Li's attorney, lawyer Jiang
B．Serve it on Zhao Ya's attorney, Lawyer Chen, and hand it over to Wang Li
C. Delivered to Zhao Ya and forwarded to Wang Li
D. Served by the Chinese embassy or consulate in Germany on its behalf
4. The initiation of the trial supervision procedure cannot be based on (BD).
A．The parties apply for retrial B. The presidents of the people's courts at all levels directly decide to retrial
C. The Supreme People's Procuratorate lodges a protest against the effective judgment of the people's courts at all levels
D．The local people's procuratorate at all levels protests against the effective judgment of the people's court at the same level.
5. The creditor should not apply to (ABD) to declare the debtor bankrupt and repay the debt.
A．The court where the estate is located B. The court of the place where the debtor's competent authority is located
C. The court where the debtor is located D. The court agreed upon by the creditors' meeting and the liquidation group in accordance with the law
6. The industrial wastewater discharged from a factory in County A in Shaoyang area flows into County B and pollutes the farmland and fishponds contracted by farmer A in County B, causing the death of crops and fish. A can sue in the (BC) court.
A．Designated by the Intermediate People's Court B. The People's Court of A County
C. B County People's Court D. Shaoyang District Intermediate People's Court
7. If a party has objection to the appraisal conclusion made by the appraisal department entrusted by the people's court and applies for re-appraisal, and submits evidence to prove that there is one of the following circumstances, the people's court shall grant permission: (ABCD).
A．The appraisal agency or appraisal personnel do not have relevant appraisal qualifications
B. The appraisal procedure seriously violates
the C. The appraisal conclusion proves to be obviously insufficient
D. Other circumstances that cannot be used as evidence after cross-examination
8. The people's court can determine the probative force of several pieces of evidence on the same fact in accordance with the following principles: (BC).
A．Physical evidence is generally stronger than verbal evidence
B. The probative force of original evidence is generally greater than that of anecdotal evidence
C. Direct evidence is generally stronger than indirect evidence
D. The probative force of this certificate is generally greater than that of counter-evidence
9. The parties do not need to produce evidence to prove the following facts: (BCD).
A．Facts about avoidance B. Laws and theorems of nature
C. Well known facts d. Facts that have been proved by valid notarized documents
10. According to the provisions of the "Civil Procedure Law", the people's court shall conclude the case within 6 months from the date of filing the case, and the calculation of these 6 months does not include ( BC ).
A．The period for serving the mediation documents and judgments B. During the announcement period
C. The period for hearing the objection to jurisdiction raised by the parties
D. The period during which the court actively investigates and collects evidence
Three, judgment analysis questions. (Judge right or wrong, and explain the reasons.
5 points for each sub-question, 10 points in total.)
1. People’s courts should not accept a lawsuit filed by a party beyond the statute of limitations.
mistake. According to the Supreme People's Court's Opinions on Several Issues Concerning the Application of the "Civil Procedure Law of the People's Republic of China", if a party files a lawsuit beyond the limitation period, the people's court shall accept it. If it is found after acceptance that there is no reason for suspension, interruption, or extension, the judgment shall dismiss the claim.
2. Mental patients cannot be parties to civil litigation.
mistake. Litigation capacity is the legal qualification to become a civil litigant, and the litigation capacity of a natural person begins at birth and ends at death. Mental patients also have the capacity to sue, and can also become parties to civil litigation. Their incapacity for litigation does not affect their qualifications to become parties to civil litigation, and they can be represented by legal representatives in litigation activities.
4. Short answer questions. (5 points for each question, 15 points in total.)
1. What are the characteristics of civil disputes?
Civil disputes have the following characteristics:
(1) It occurs between equal subjects;
(2) It takes civil rights and obligations as the content of the dispute;
(3) It takes the violation of civil substantive laws as the cause;
(4) Its settlement Disposable. That is, when resolving civil disputes, the parties can make concessions to each other and give up their rights.
2. According to the "Several Provisions Concerning Evidence in Civil Procedures", under what circumstances can a party and its agent ad litem apply to the people's court for investigation and collection of evidence?
(1) The evidence collected by the application for investigation belongs to the archival materials preserved by the relevant state departments and required to be obtained by the people's courts ex officio; (2 )
The materials involving state secrets, commercial secrets, and personal privacy;
Other materials that cannot be collected by ourselves due to objective reasons.
3. According to the provisions of the Civil Procedure Law, in ordinary procedures, what are the preparations before trial?
(1) Serve a copy of the statement of complaint to the defendant, and submit a statement of defense within a time limit;
(2) Send the notice of accepting the case, the notice of responding to the lawsuit, and the notice of producing evidence to inform the parties of their rights and obligations;
(3) Notify the members of the collegial panel and determine the case Whether to open the trial;
(4) Review litigation materials, investigate and collect necessary evidence, and preside over pre-trial evidence exchange;
(5) Replace and add parties;
(6) Trial mediation.
5. Essay questions (15 points).
Discuss the basic value goal of civil litigation.
Answer points: There are two basic value goals of civil litigation: justice and efficiency.
First, justice refers to the value standard recognized as reasonable by the mainstream of society for the distribution of interests. The justice of litigation includes the justice of litigation process and the justice of litigation results.
The criteria for measuring substantive justice are:
①Whether the content of the law reflects the objective laws in the field it regulates; ②Whether it reflects the reality of the object to be adjusted; ③Whether the legitimate rights and interests of law- abiding persons are equally protected; According to the nature and circumstances, corresponding sanction measures shall be taken. The criteria for measuring procedural fairness are: ①Scientific procedural rules; ②Neutrality of judges; ③Equality of both parties; ④Transparency of litigation procedures ; In civil litigation, better results can be obtained with less manpower, material resources and time.
Litigation costs include the expenses of the court and the parties, as well as the reputation loss of the parties caused by litigation; the benefits of litigation procedures include both the economic benefits of the parties realized through the adjudication, the recovered economic losses, and the impact of the court on legal social relations through litigation. protection, maintenance of legal order and prevention and restraint of disputes.
To evaluate the effectiveness of litigation, it is necessary to specifically analyze the litigation costs and benefits of the conflict subject, the country's litigation costs and benefits, and their impact on the behavior of the subject.
Six, case analysis questions. (Please read the given text carefully, and then briefly answer the questions raised in each case. There are 2 small questions in total, each with 10 points. Total 20 points.) 1. The decedent Wang has 4 daughters, namely
Wang Fei, Wang Run, Wang Li and Wang Rong. Wang Fei and Wang Run had a dispute over inheritance, so Wang Fei sued the court and demanded the division of Wang's estate according to law. After the court accepted Wang Fei's lawsuit, Wang Run raised an objection to jurisdiction within the statutory time limit, which was rejected by the court. Wang Run appealed, but the court of second instance rejected the appeal and upheld the original ruling. Later, the case was judged by the court of first instance, and Wang Run appealed against it. During the trial, the court of second instance found that there were indeed errors in the rejection of the objection to jurisdiction in the first and second instances, and that the judgment of the first instance was also erroneous. Questions:
(1) How should the statutory time limit for Wang Run to file an objection to jurisdiction be calculated?
(2) If Wang Li is neither willing to participate in the lawsuit nor waives her substantive rights, how should the court of first instance handle it?
(3) After Wang Rong learned of the case, she made it clear that she would waive the right of inheritance. How should the court of first instance handle it?
(4) How should the court of second instance handle the case after discovering the error?
Answer:
(1) During the period of submitting the statement of defense;
(2) Adding Wang Li as the plaintiff;
(3) Treating Wang Rong as an outsider;
(4) The court of second instance should revoke the judgment of first instance and send it back to the court of first instance for retrial.
2. A company applied to the court for a public notice, claiming that the company lost a bill of exchange with a denomination of 50,000 yuan that could be endorsed and transferred. The court immediately reviewed and decided to accept the case and issued an announcement. During the period of announcement and declaration of rights, no one declared. According to the application of a certain company, the court made a judgment of ex-rights and made an announcement. Questions:
(1) To which court should a company apply for public notice?
(2) In the public notice procedure, how should the court make an announcement?
(3) What circumstances in this case will terminate the public notice procedure?
(4) From this case, can we see the characteristics of cases that are tried under the public notice procedure?
(5) What remedial measures can be taken if there are legitimate reasons for not reporting rights to the court before the judgment?
Answer:
(1) The grassroots people's court where the bill is paid;
(2) The court shall publish an announcement on the relevant newspaper within three days after deciding to accept the application, urging the interested parties to declare
their rights ; Withdrawal of the application; ②The interested party declares his rights before the judgment is made during the public notice period or after the declaration period expires; ③The applicant fails to apply for a judgment within the time limit;
(4) ①There is no clear defendant; ②It is non-litigation;
( 5) Within one year from the day when the judgment is known or should have been known, the person may bring a lawsuit to the people's court that made the judgment.