《思想道德與法律基礎(chǔ)》考試真題

1、思想道德與法律基礎(chǔ)考試真題（ Ideological and moral and legal basis exam ）F89First, the individual choice (1 points per subject, 20 points each, only one correct answer to each question)?1, the following statements about the rule of virtue and the rule of law are correct: (C)A, the rule of law, as well as the rule

2、 of virtue, belong to political civilization;B, the rule of law and the rule of virtue, belong to the spiritual civilization;C, the ruleof law belongs to politicalcivilization,and ruleof virtue belongs to spiritual civilization;D, the rule of law belongs to the spiritual civilization, and the rule o

3、f virtue belongs to the political civilization2, a company often send business clerk B and C company signeda contract. B transfer, and a cover has entered into a contract a contract with the company seal, still do not know its havebeen removed from the third company, according to the usual practice

4、and go into hiding after payment. In this regard, a company did not know. C company requires a company to perform the contract, and a company considers that the contract has nothing to do with it and refuses to do so. Which of thefollowing options is correct? (D)A. a company is not liable;B. a compa

5、ny should share losses with C company;C. a company should bear the main responsibility;D. a company should bear the consequences of signing3. a natural stone pieces, accidentally lost. B think ownerless pick to go home, with the base, on display in the living room.It is found that the latter has rec

6、ourse to B. Which of the following options is correct? (A)A. stone is a lost object, B should be returned to a;B. stone is ownerless, B has its ownership;C. Bs ownership of strange stones due to processing;D. owns the ownership of strange stones together4. drugstore clerk Lee and Wang grudges. One d

7、ay, Wangs wife Wang to the pharmacy to buy medicine cure, Lee will be a pack of arsenic mixed to Wang wife in medicine. After Lee regret,on the second day to retrieve arsenic wang. Lees behavior belongs to: (A)Discontinuation of A. crime;Accomplished offense of B.;C. attempted crime;D. crime prepara

8、tion5., Mr. Wangdrove to a hotel to eat, the car parked in the hotel parking lot. Whenthe driver drove away, the parking lot said, Ive washed the car for you. Please pay 5 yuan for the car wash. Mr. Wang said, I didnt ask you to help me wash mycar. there was a dispute between the two sides. Howshoul

9、d the case be dealt with? (D)A. based on unjust enrichment, Mr. Wang must return 5 yuan;B. based on no cause management, Mr. Wang must pay 5 yuan;C. based on contractual relationship, Mr. Wang has to pay 5 yuan;There is no legal basis for D. Mr. Wang does not have to pay 5 yuan6. The circumstances o

10、r phenomena that can cause, alter and eliminate legal relations are (C)A, legal events;B, legal act;C, legal facts;D, legal norms7, according to the provisions of the general principles ofcivil law of China, the period of limitation of ordinary civil actions is (? B)A, 6 months;B, 1 years;C, 2 years

11、;D, 20 years8, the core content of the contract law is (B)A and the conclusion of the contract;B and performance of contract;C, contract guarantee;D and the validity of contract9. The additional penalty of penalty in China does not include (A)A, regulation;B and fine;C, deprivation of political righ

12、ts;D, confiscation of property10. Zhu because ofextramaritallovetokillhis wifeLi Mouzhiread. One morning,Zhu put thedeathintetraminetoLee friedcake at. Zhu in order toprevent his6 yearold son eatingcakepoisoning, send his son to kindergarten, and asked his sonwaiting for him to come. But Lee day off

13、 early after the childback, and hisson togethertoeat cake. Zhu afterthat,hurriedback home, hiswifeand son had diedofpoisoning.Which ofthefollowing statements is true about the case?A. Zhu for his wife, sons death has direct intention; (C)B. Zhu had indirect intention to his sons death;C.Zhu had a fa

14、ult in the death of his son;D. Zhu for his wife, sons death was an accident11. The situation that the party who performs the contract first can not exercise the right of uneasy defense is (D)A, the operation of the other side deteriorated seriously;B, the other party transfers the property and withd

15、raws the funds to escape the debt;C, the other side lose business reputation;D, the contract does not guarantee12. According to the provisions of the contract law of China, the period of validity of the right of revocation is (B)A, 6 months;B, 1 years;C, 2 years;D, 5 years13, the man can propose div

16、orce case has (D)A, the woman during pregnancy;B, within one year after delivery;C, 6 months after the termination of pregnancy;D, within one year after marriage14. The basic features of evidence do not include (A) A, authenticity;B, objectivity;C and relevance;D, legitimacy15 which of the following

17、 does not belong to the basic rights of citizens stipulated by the Constitution? (A)A. environmental rights;B. equal rights;C. freedom of publication;D. right to education16, inadministrativeproceedings,bear the burden ofproofis(B)A, the plaintiff;B, defendant;C, neutral third party;D, unit17, the t

18、erritorialjurisdictionin civillitigationreferstothe division of labor and jurisdiction between the peoples courts at the same level to accept the first instance civil cases. Territorial jurisdiction does not include? (? D)A, general territorial jurisdiction;B, special territorial jurisdiction;C, exc

19、lusive jurisdiction;D and transferred jurisdiction18. The inventor or designer referred to in the patent law of China does not include (D)A, non position inventor;B, Title inventor;C, Co inventor;D, the legal successor of invention19, according to the provisions of the patent law of China, the paten

20、t right can not be granted (D)A, a new method for the production of vitamin C;An improved design of B and an electric bicycle;Packaging composition of C and a fruit juice drink;D, a new method for the diagnosis of diabetes mellitusThe validity period of 20, renewal of trademark registration is (A)A,

21、 10 years;B, 20 years;CFC150 years, D, 5 yearsTwo, multiple choice (in the following questions given in the options, there are 2 or more than 2 correct options. More or less the election did not score. 1 points for each question, 10 points1, the subject of legal relationship must have certainqualifi

22、cations to participate in the legal relationship, these qualifications include (B C)A and ideographic ability,B, behavioral ability;C, right capability;D, obligation ability2. The contents of legal rights include: (A B C)A, the rightholdercan independentlydecide the rightto act;B the right of the ob

23、ligee to demand others to perform certain legal obligations;C, the right of the right holder to protect the state when he is infringed upon;D, the obligor agrees3, whether the legal act should be subject to the delivery of the subject matter, the legal act can be divided into: (A B)A and promissory

24、legal act;B, practice legal act;C and paid legal act;D and free legal act4. A B C D is the condition of assuming general tort liability A, the implementation of damage behavior;B, damage result,There is a causal relationship between C, damage behavior andthe result of injury;D, the actor is at fault

25、5. The basic characteristic of crime is (A B C?) A, it has social harmfulness;B has criminal illegality;C, punishable by punishment; D, the severity of sanctions6, according to the provisions of the law, which of the following individual income can be exempted from personal income tax? (B C)A. a dep

26、osit in state-owned commercial banks and interest income of 500 yuanB. B insurance company to obtain insurance claims 200 yuanC. 3000 yuan for occupational injuryD. Ding won the Education Award of 5000 yuan by the county peoples Government7, in our country,the mortgage can be established,including:(

27、A B)A, chattel;B, real estate;C and creditors rights;D, intellectual property rights8, the necessary elements of joint crime are: (A B C)A, the subject of crime must be more than two people who havereached the age of criminal responsibility and have the ability to bear criminal responsibility;B, obj

28、ective aspects must have common criminal behavior;C and subjective aspects must have common criminal intent;D must have joint negligence9. Participants in civil proceedings include: (A B C D) A, litigant participant;B, witness; C, appraiser; D, translator10, the principle of civil liability has (A B

29、 D)? the principle of fault liability; B principle of no fault liability;C, the principle of illegal behavior; D, the principle of fair liabilityThree, t (each of 5 points, a total of 20 points)1. Briefly describe the concept of legal relationship and its constituent elements;Answer: legal relations

30、hip is the relationship between peoples rights and obligations formed in the process of regulating social relations by legal norms. (2 points)Legal relationship consists of three elements:Legal relationship subjects (1 points),? the object of legal relationship (1 points)? and the content of legal r

31、elationship (1 points).2. Briefly describe the conditions of emergency avoidance; Answer: the prerequisite for emergency avoidance is:? There must be a risk (1 points),? must be the danger that is happening (1 points),? must be in order to protect the legitimate rights and interests (1 points),? mus

32、t be implemented under compelling circumstances (1 points),Risk aversion should not exceed the necessary limits and cause undue harm (1 points). ?3. Briefly describe the concept and content of property ownership;Answer: property ownership refers to the owners right topossess, use, benefit and dispos

33、e of his property in accordance with the law. (2 points)The ownership of property includes possession (1 points),? use (1 points),? revenue (1 points),Disposition? (1 points) four functions and powers. ?4. Briefly describe the conditions of marriageAnswer: the prerequisite for marriage is that both

34、menand women must be fully voluntary (1 points),? to reach the legal age for marriage (1 points),? must conform to monogamy (1 points);? the forbidden condition for marriage is:? no lineal and collateral blood relatives within three generations of marriage (1 points),? prohibits people who are medic

35、ally ill from marriage (1 points).Four, discussion (10 points, 20 points)1. The concept and conditions of offer and commitment;?Answer: offer is a declaration of intention to conclude a contract with another person (1 points). An offer must complywith the conditions that the offer is said to specifi

36、c contract parties (1 points), the offer must have a contract and thepurpose of others (1 points), the contents of the offer to determine the specific (1 points), the offeror to be offer or offeree constraints (1 points).Commitment is the intention of the offeree to agree to offer to establish the c

37、ontract (1 points).The necessary conditions are: commitment commitments must bemade by the offeree to the offeror (1 points), promises the content must be consistent with the content of the offer (1 points), the acceptance shall be made in an effective period (1 points), commitments under way shall

38、be the offer (1 points). ?2. Try to describe the concept and characteristics of intellectual property rights?A: intellectualpropertyrightsreferto the rightsenjoyed bythe owner of intellectual achievements and the marks ofindustrialand commercial productionand managementaccordingto law (4 points).The

39、 characteristicsof intellectualpropertyrightsis invisible(1 points),the dual nature of both personalrights and property rights (1), legal (1), specificity (1), regional (1 points) and time (1 minutes).?Five, case analysis (10 points, 30 points)1, B 200 thousand yuan for a friend to buy a house, have

40、 a witness. B want to buy a house, want to a?One thousand and thirty-sevenThe 4 mowabout drought withEurope,Zheng hitmoney also callsthe work of apparatus, graupel also the Xinsu ne. 5 essentialstaffYi Wei Lou Tuo instantaneous no matterspring N Shuo saidmilkend can be inconformitytabanid,Hao Du tag

41、 yarn holeverymediocre you willget stir like Jinghong long5 coins aboutdryant and centipede Zi Zhong? 200 thousand yuan, a recognitionof this debt, but claimed that no ability to repay.Question:in thiscase, can b achieve itsown creditorsrights?Why?Answer: B can achieve their own claims (2 points)The

42、 court can sue the court to cancel the act of giving a creditor to realize his claim (2 points)The act of endangering creditors rights (2 points)There is subjectivemalice (2 points)in the executionof a caseThe act of transferring property is free (2 points)?In 2 and 1987, a patient with appendicitis

43、 was operated on in a hospital. After operation, a patient often felt abdominal pain, but he couldnt find the reason. In July 2002, a doctor in another hospital, the doctors advice under the abdomenX-ray, it was found that there is a pair of surgical scissorsin the abdomen. Between July 2002 and Apr

44、il 2004, a number of hospitals and local health authorities were asked for compensation, but they failed. In this case, in May 2004, apaper petition to a hospital to court, asking them to take the liability for damages. But the hospital claims that a lawsuit has passed the limitation of action.Quest

45、ion:whether a lawsuithas passed the limitationof action?Why?Answer: a lawsuit has not had limitation of action (2 points)The period of claim for compensation for bodily injury is 1 years (2 points)During these 1 years, starting from knowing or knowing that his rights have been violated (2 points)Due

46、 to repeated visits to hospitals and health administrative departments, the limitation of action was interrupted (2 points)During the 1 year period from April 2004, no limitation of action (2 points) has been obtained?3, a born in May 1986; B, born in November 1987; C, born in April1989. Three peopl

47、e liveinthe same family courtyard,often goto theInternet barto playonlinegames. Inorder toraisethecost oftheInternet,threepeopleconspiredto kidnaphostagesand extortmoney. InJuly2002, three people will be inthesameinstitution 7 years old girl child abduction to their parentsto ask for 5000 yuan. In p

48、ayment, three people were arrested.Q: ABC should take the criminal responsibility? Why?Answer: a criminal liability (1 points)B assumes criminal responsibility, (1 points)C does not bear criminal responsibility (1 points)A violation of a certain object, the implementation of the kidnapping, the subj

49、ective aspect is intentional (1 points)In the main body, a full 16 is a period of full criminal responsibility. (2 points)B 15 years old, a kind of criminal responsibility, criminal responsibility of the crime of kidnapping (2 points).If he is dissatisfied with 14, he shall not bear criminal respons

50、ibility.(2 points)?First, individual choice:1, C; 2, D; 3, A; 4, A; 5, D; 6, C; 7, C; 8, B; 9, A; 10, C;11, D; 12, B; 13, D; 14, A; 15, A; 16, B; 17, D; 18, D; 19, D;20, ATwo, multiple choice:1, BC; 2, ABC; 3, AB; 4, ABCD; 5, ABC;6, BC; 7, AB; 8, ABC; 9, ABCD; 10, ABD;Three, use the;1, legal relatio

51、nship is the relationship between rights and obligations formed in the process of regulating social relations by legal norms. (2 points) the legal relationship consists of three elements: the subject of legal relationship(1 points), the object of legal relationship (1 points) and the content of legal relationship (1 points).2, the emergency should have the conditions: there mus