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题干选择题 Respondent: Binhai People's Hospital
Address: No 7, Binhai Road, Binhai City
The following answer is given to Zhang Hua's claim for personal-injury compensation by the Binhai People's Hospital:
1. The respondent does not have a direct contractual relationship with Zhang Hua. Zhang Hua had an oral contract to remove the high-voltage meter cabinet with Binhai No. 2 Construction Installation Company on June 10, 2008. He was assigned by Binhai No. 2 Construction and Installation Company and therefore has no direct contractual relationship with the respondent.
2. Binhai No. 2 Construction and Installation Company should be responsible for compensating Zhang Hua for the following reasons. Firstly, according to PRC laws and relevant judicial interpretations, Binhai No. 2 Construction and Installation Company shall be responsible for any injury employees suffered in the contract performance. Secondly, Zhang Hua seriously violated the operational procedure in removing the high-voltage meter cabinet and failed to pay due attention thereto.
3. The respondent shall not be responsible for compensating the injuries of Zhang Hua. According to the General Principles of the Civil Law, any person engaged in highly dangerous operations shall be responsible for compensation. In this case, the respondent entered into a contract with Binhai No. 2 Construction and Installation Company, whereby the source of high danger shifted to Binhai No. 2 Construction and Installation Company. Binhai No. 2 Construction and Installation Company became the subject of the dangerous operation, and therefore any damages caused in the contract performance by Binhai No. 2 Construction and Installation Company have no connection with the respondent.
Therefore, Binhai People's Hospital is not liable for compensating Zhang Hua. We hereby request the court to reject the plaintiff's action according to law.
To: Binhai City Intermediate People's Court Respondent: Binhai People's Court Date: May 10th, 2011
1. According to the plaintiff, 回答ABC未回答正确答案是:A获得2.00分中的0.00分 should be responsible for compensating Zhang Hua.
A. Binhai People's Hospital B. Binhai No. 2 Construction and Installation Company C. Binhai City Intermediate People's Court
2. Zhang Hua had an oral contract with 回答ABC未回答正确答案是:B获得2.00分中的0.00分.
A. 2 Construction and Installation Companies B. Binhai No. 2 Construction and Installation Company C. Binhai City Intermediate People's Court
3. The respondent stated 回答ABC未回答正确答案是:C获得2.00分中的0.00分 reasons to reject Zhang Hua's claim. A. 1 B. 2 C. 3
4. Zhang Hua himself 回答ABC未回答正确答案是:A获得2.00分中的0.00分 bear some responsibilities.
A. should B. shouldn't C. mustn't
5. 回答ABC未回答正确答案是:C获得2.00分中的0.00分 was quoted by the respondent.
A. the PRC General Civil Law B. the PRC Civil Procedural Law C. General Principles of the Civil Law反馈答案: 1. A 2. B 3. C 4. A 5. C
解析:
1. 这是一道细节题。因为这是一封“被告”回应“原告”的信,从正文第一句话可以看出,张华起诉Binhai People's Hospital,要求医院赔偿他因伤治疗的医疗费用,所以答案为A。
2. 这是一题细节题。正文第“1”点理由中的第二句话可以看出,张华跟滨海第二建筑公司有口头协议,所以答案为B。
3. 这是一题细节题。正文里滨海医院列了3点作为反驳张华赔偿要求的理由。所以答案为C。
4. 这是一题细节题。正文第“2”点理由中的最后一句表明,张华本人在操作过程中违规,是造成伤害的一个重要原因,所以张华本人应该负一定的责任。所以答案为A。
5. 这是一题细节题。在第“3”点理由的第一句话,就可以看到被告引用了the General Principles of the Civil Law来说明责任应在建筑公司而非被告。所以答案为C。
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2020-11-16 13:52:40
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2020-11-16 13:52:35
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2020-11-16 13:52:35
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2020-11-16 13:52:35
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2020-11-16 13:52:35
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题干选择题 When Bill de Blasio ran for New York City mayor last year, he promised to end a controversial (有争议的), citywide cell-phone ban(禁令)in public schools, which is not equally enforced in all schools. Now, under his leadership, the city is preparing to end the ban. It will be replaced by a policy that allows phones inside schools but tells students to keep them packed away during class.
Many schools have a rule about enforcing the ban that says, “If we don't see it, we don't know about it.” That means teachers are OK with students bringing in cell phones, as long as they stay out of sight and inside bags and pockets.
But at the 88 city schools with metal detectors, die ban has been strictly enforced. The detectors were installed to keep weapon out of schools,but the scanners(扫描器)can also detect cell phones. So students at these schools must leave their phones at home or pay someone to store it for them.
The ban was put into place in 2007 under mayor Michael Bloomberg. Ending the ban will also likely end an industry that has sprung up near dozens of the schools that enforce the ban. Workers in vans(厢式货车)that resemble food tracks store teens' cell phones and Other devices for a dollar a day,
Critics of the ban say cell phones are important safety devices for kids during an emergency. They also say that enforcement of the ban is uneven and discriminatory. Where the ban is enforced, it puts a disadvantage on students who can't afford to pay to store their phones.
Before putting an official end to the cell-phone ban, city education officials are working on creating a new policy. It will include rules about not using the phones during class or to cheat on tests.
1. Which of the following is the main idea of the passage?回答ABC正确正确答案是:C获得2.00分中的2.00分
A. New York City will give financial aid to poor students. B. New York City plans to restrict cell phone use in libraries. C. New York City will soon end a ban on cell phones in schools.
2. Students pay 回答ABC正确正确答案是:A获得2.00分中的2.00分 a day to leave their cell phones in a van parked near their school.
A. a dollar B. two dollars C. five dollars
3. Metal detectors were installed in 88 city schools, mainly to keep 回答ABC正确正确答案是:B获得2.00分中的2.00分 out of schools.
A. cell phones B. weapons C. drugs
4. The word discriminatory in Paragraph 5 probably means 回答ABC正确正确答案是:C获得2.00分中的2.00分.
A. necessary B. tough C. unfair
5. According to the passage, which of the following statements is TRUE?回答ABC正确正确答案是:C获得2.00分中的2.00分
A. After the cell-phone ban is ended, students can use their phones during class. B. The cell-phone ban is equally enforced in all public schools. C. A phone-storage industry has appeared outside the 88 metal-detector campuses.
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2020-11-16 13:17:57
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2020-11-16 13:17:56
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2020-11-16 13:16:23
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2020-11-16 13:16:21
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2020-11-16 13:16:20