电大《英语II(1)》《开放英语3》期末必过小抄

电大《英语II(1)》《开放英语3》期末必过小抄
电大《英语II(1)》《开放英语3》期末必过小抄

英语II(1)(开放英语3)期末小抄

1. --I haven't seen Belly for 10 years.--B Neither have I

2. --What subjects are you studying?--C I'm studying philosophy

3.--I wonder if you could help me.--D Of course

4.--Hurry up. The lecture begins at 2:00.--A Don't worry

5. --David, you've been losing your temper over nothing lately.--C I‘m sorry. I shouldn‘t have blown up like that

6. --Excuse me, I didn't mean to bother you.--C That's quite all right

7. --Thanks a lot. You've gone to so much trouble.--A It's no trouble at all

8. --I've ordered pizza and salad. What else do you want?--C A beer is fine for me. I'm not hungry yet

9.--What would you like, tea or coffee?--B Coffee, please

10. --Hello, could I speak to Don please?--D Who's speaking

11. --May I help you, madam?--D Yes, I'd like 2 kilos of oranges

12.-- Nice weather, isn't it?--C Yes, it is

13. --Must I do the washing-up tonight?--B Leave it if you're exhausted

14.-- Could you tell me where Mr. Lake is?--B At the office

15. --Do you like watching football matches?--D Football? No. It's a waste of time

16.--Hello, may I talk to the headmaster no w? -C. sorry, he is busy at the moment 17. –What kind of TV program do you like best? --A It‘s hard to say, actually

18.-Oh, sorry to bother you. -C.

That‘s okay

19.-Can you turn down the radio, please? -A.

I‘m sorry, I didn‘t realize it was that loud 20. --Would you mind if I open the window for a better view? --C. Of course not

21. – Hello, could I speak to Don please? --

B Who‘s speaking

22. --May I know your address? -- A. Sure. Here you are 23. — How’s the movie? Interesting? — B

Far from. I should have stayed home watchi

ng TV 24. — What if my computer doesn

’t work? — B Ask Anne for help .

25. --Let’s take a walk. --A. Yes, let‘s

26. –What’s the problem, Harry? -- A.

I can‘t remember where I left my glasses

27. — Is this the motel you mentioned? —

A Yes, it‘s as quiet as we expected .

28. --Would you like to have dinner with us

this evening? -B.

Sorry, but this evening I have to go to the airp

ort to meet my parents29. – Well, Mary, how

are you? --C.I‘m fine

30. — Would you like to see the menu? —

A No, thanks. I already know what to order

.

31. -- I think the Internet is very helpful. --

A. Yes, so do I

32. — Hello, Sally. How’s everything? —D

Just so-so

33. — Excuse me, would you lend me your c

alculator? — A Certainly. Here you are

.

34. — I don’t like the spots programs on Su

ndays. — B Neither do I .

35. —What’s the problem, Harry? —

D I can‘t remember where I left my glasses

36. — What kind of TV program do you lik

e best? —C It‘s hard to say, actually

.

37. -- Could you tell me where Mr. Lake is

? -- B. At the office

38. -- May I help you, madam? - D.

Yes, I‘d like 2 kilos of oranges

39. -- Hello, could I speak to Don please?

-- D?Who‘s speaking?

40. --What would you like, tea or coffee?

-- B. Coffee, please

41. --What about going for a walk? -- A.

Why not? A good idea

42. — Nice weather, isn’t it? — C Yes, it

is .

43. — I think the Internet is very helpful.

— A Yes, so do I 44. — What subjects a

re you studying? — C I‘m studying philoso

phy .

45. — Which language do you speak at hom

e? — D English, most of the time

46. — Must we hand in our homework now

? - C No, you needn‘t47. —Let’s take a wal

k. — A Yes, let‘s .

48. — Hello, could I speak to Don please?

— D Who‘s speaking

49. — Do you think the exam will be put off

? — C Not likely 50. — In my opinion, y

ou’d better take a couple of days off. —A

I‘ll take your advice 51. — Would y

ou mind if I open the window for a better vi

ew? — D Of course not

52.--I think the Internet is very helpful.—A

Yes, so do I

53.--I have an appointment with Dr.

Johnson.—C Please wait for minute. He is

busy now

54.--Afternoon, sir. Where to?—A Please get

me to the airport

55.— Can I help you to get it

down? --C Thanks. It‘s so nice of you

56.—I’m trying to call Marie, but there’s

no answer.—D Really? Maybe she‘s out

57.— Are you sure about that?—D Oh, yes.

I‘m absolutely positive

58.— Would you like to see the menu?—A

No, thanks. I already know what to order

59.—What if my computer doesn’t

work?—B Ask Anne for help

60.—How’s the movie? Interesting?—C.

Far from. I should have stayed home watching

TV

61.— Is this the motel you mentioned?—B

Yes, it‘s as quiet as w e expected

62. —Hello, Sally. How’s everything?—

D. Just so-so

63. — Excuse me, would you lend me your

calculator? — A Certainly. Here you are

64. —I don’t like the spots programs on

Sundays. — B. Neither do I

65. —What’s the problem, Harry?— D.

I can‘t remember where I left my glasses

66. — What kind of TV program do you

like best? — C.It‘s hard to say, actually

67.-- Could you tell me where Mr. Lake

is?--B. At the office

68. -- May I help you, madam?--D.Yes, I‘d

like 2 kilos of oranges

69.-- Hello, could I speak to Don please?—D Who‘s speaking?

70.--What would you like, tea or coffee?—B . Coffee, please

71. --What about going for a walk?--A. Why not? A good idea

72. —Nice weather, isn’t it?— C Yes, it is

73. — I think the Internet is very helpful. — A. Yes, so do I

74. — What subjects are you

studying? —C.I‘m studying philosophy 75. — Which language do you speak at home? — D. English, most of the time 76. — Must we hand in our homework now? — C.No, you needn‘t

77. —Let’s take a walk.— A.Yes, let‘s

78. — Hello, could I speak to Don please? — D?Who‘s speaking

79. — Do you think the exam will be put off? — C. Not likely

80. —In my opinion, you’d better take a couple of days off. — A.I‘ll take your advice

81. — Would you mind if I open the window for a better view? — D. Of course not

1.--Not until most of the people had left the airport C .did he see his sister was there.

2.--They are B. such diligent students that they all performed well in the nationwide examinations.

3.--She paid the builder A. to repair the gate.

4.--We A. to repair every day when we were children.

5.--The work A. will have been done by the time you get there.

6.--It is assumed that students at an intermediate level will have a good A. command of the basic structures and vocabulary of English.

7.--More and more people in China now A. drive to work regularly.

8.--We D. have painted…to paint

the bathroom and plan D the bedroom this year.

9.--I regret B. to say that I'm unable to help you.

10--They all B. asked for the job.

11.--We have our office C. cleaned every day by a cleaner.

12.--Mother was busy. Although she was

not watching the basketball on TV, she A.

was listening to it on the radio.

13.--In the fifties last century, many new

cities C. grew up in the desert.

14.--He A. has been working in the

laboratory the whole morning.

15.--You like playing football, D. don't you?

16.--That's the C. very gentleman I've been

telling you about.

17.--Dr. Hoffman proposed that we A. put

off the meeting until next week.

18.--China is A. in the east of Asia.

19.--Parliament didn't think the Prime

Minister did enough in the improvement of

fair employment, B. therefore he was asked

to write to Parliament for further

explanation.

20.--He asked me where B. I came from.

21.—B. As a rule, we keep records on all the

experiments so that we may have enough

data.

22.--I thought that this would be a funny

trick A. to play on Jim.

23.--If the man B. is to succeed, he must

work as hard as he can.

24.--I prefer tea A. to coffee.

25.--The beef I ate at the restaurant

yesterday is delicious. I'd like to have it

again even if it costs D. twice as much

26.--I have B. already finished the report.

27.– Where B. have you put the recorder? I

can't see it anywhere.– I B.put it right here,

but now it's gone.

28.--You look D. tired . What D.have you

D.been doing ?

29.--We are B. confident in the future of

our motherland.

30.--Frank plays C. a lot better than Alex.

31.-- I broke my leg when I B. was skiing in

America.

32.-- She was convicted C. of murder.

33. --A new hotel D. is being built

in the center of town at the moment.

34.-- It is very convenient A. living here.

35.-- I have lived here B. since 1997.

36. --The bedroom needs A. decorating.

37. --He is the man D. whose dog bit me.

38. --I’m tired. I B. have been working very

hard.

39. --Before she left on the trip, she D. had

trained

hard.

40. --He keeps B. looking at himself in the

mirror.

41.-- The sun heats the earth, C. which is

very important to living things.

42. --If the man B. is to succeed, he must

work as hard as he can.

43. --Ancient Greece is the A. origin of

western civilization.

44. --Please stop B. shouting. It cannot help

the situation.

45. --The big man has always been eating

on the go, A. so he has got stomachache.

46. --Let me B. look into the case carefully

before I draw a conclusion.

47. --He, as well as I, D. is a student.

48. --She C. owes her success to hard word

and strong will.

49. --Mr. Smith C. played a most important

part in the development of our city.

50. --I’d rather stay at home than C. take a

walk.

51. --Mother was busy. Although she was

not watching the basketball on TV, she A.

was listening to it on the radio.

52. --Hardly A. had I got home when it

began to rain.

53. --I prefer classic music D. to pop music.

54. --All the team members tried their best.

We lost the game, A. however.

55. --When we were having a meeting, the

director B. was told the bad news by

telephone.

56. --Silk B. has been used by Chinese for

thousands of years now.

57. --You B. ought to lock the door at night.

58. --Before I got to the cinema, the film A.

to shout.

59. --The patient acted on the doctor’s B.

advice and finally recovered.

60. --A lecture hall is C. one where students

attend lectures.

61. --Don’t worry, your watch D. is being

repaired and you can have it in no time.

62.-- The definition leaves B. much room for

disagreement.

63. --Not always B. can people do what they

want (to).

64.-- Sadam B. was married for 25 years.

65.-- I don’t want you to make any trouble,

C. on the contrary , I urge you to solve the problem.

66.-- Why B. is…being the old block of flats

B demolished next month?

67. --In the fifties last century many new cities C. grew up in the desert.

68. --More and more people in China now A. drive to work regularly.

69. --At present, the most important thing is that Britain needs A. to do

more to improve the relationship with the USA.

70. --We have our house B. cleaned every week by a cleaner.

71---Can I get you a couple of tea? A.

That‘s very nice of you

72.--After C. checking

the shopping list, I found that I forgot to buy salt.

73.--Ann is studying B. politics at university.

74.--After C. winning the bid, major construction began in Beijing.

75.--A lecture hall is C. one where students attend lectures.

76.--Be sure to A. bring your wife when you come here this evening.

77.--Before she left on the trip, she D. had trained hard.

78.--Don’t worry. There is D. had trained room for all your books here.

79.-- C. Bidding for the Olympic Games begin about ten years in advance.

80.--Everything D. would have been destroyed if Albert ha dn’t called the fire brigade.

81.--Her parents died when she was very young, so she was A. brought up by her aunt.

82.-- B. What he said is quite right.

83.--He kept the light in his room B. burning the whole night.

84.--He keeps B. looking at himself in the mirror.

85.--He was A. over the moon about his new job.

86.--He has been B. in danger in hospital for

a month.

87.--He spends a quarter of the day B. sleeping.

88.--He is the man D. whose dog bit me.

89.--It happened D. on a winter night.

90.--If you A. won‘t stop smoking, you can only expect to have a bad cough.

91.--It’s not safe C, playing in the street.

92.-- D. Leave it with me and I’ll see what I can do. D

93.--I don’t suppose he will attend the meeting, B. will he?

94.--I think all these are main points B. worthy of much attention.

95.--I have given C. up eating meat.

96.--I know it isn’t important but I can’t help B. thinking about it.

97.--I’m tired. I B. have been working very hard. 98.--Linda offered him her congratulations

D. on his passing the college entrance

exams. D

99.--Mr. White has a wife and three

children to A. raise.

100.--Mary forgot B. to write a letter to her

mother, so she wrote to her just now.

101.--Not only I but also Jane and Mary B.

are tired of having one examination after

another.

102.--Our plane A. took off from London at

7:00 yesterday evening.

103.--On his first sea D. voyage, he was still

quite young but showed great courage to

face the storm. D

104.--She’s unlucky, and she’s always

suffering D. ill luck one after another.

105.--She has lived here B. for three years.

106.--Time is money! We should B. make

good use of our time.

107.--They B. watched the train until it

disappeared in the distance.

108.--That’s all settled. It D. needn‘t be

talked about.

109.--The bedroom needs A. decorating.

110.-- What’s happened to Tom? D. He‘s

been taken to hospital.

111.---Which do you like better, real movies

D. or, cartoons?

-- I prefer cartoons D.to real movies.

112.--What a fool I have been! Why B.

didn‘t I think of that before?

113.--We must make a difference between A.

spoken language and A.written language.

114.--We A. used to swim every day when

we were children.

115.--You must explain C. to us how they

succeeded C.in the experiment.

116.--You look D. tired. What D.have you D.

been doing?

117-- A. What fine weather it is!

Although international travel is usually an

(1)B. exciting and pleasant experience,

travellers should take steps to ensure that their

health does not suffer either (2)D.

from…in…from their time the air or their

time abroad.

Before you go, check with your doctor or local

travel clinic (3)C. which injections are

necessary for the areas you are travelling (4)C.

to . Allow sufficient time to have these

injections before you (5)C. leave because they

may take time to become effective. Be sure

that the information on health is up-to-date.

Check on the Internet if you are not sure.

Don't go to bed late the day (6)D. before you

fly.

Your body has a natural daily sleep pattern. It

takes time to adjust to a new time zone. There

are many different (7) A. effects of jet lag:

you may not be able to sleep, you may not

want to eat or you may feel sick and tired.

You may not be able to concentrate for some

days after you arrive.

There are several things you can do to (8) D.

lessen the effects of jet lag:

-Do your (9) C. best to relax during the

flight;

-Sleep as much as you can on the flight.

Use a mild sleeping pill if necessary;

-Drink as much water as you can;

-Don't drink alcohol and caffeine;

-Take mild sleeping pills (10) B. for the

first few days in the new time zone if you need

them.

完形填空 2

Frank knew he was very ill. He spent days

walking, (1) as far as thirty miles (2) a day,

trying to reason with the pain, and strange

thoughts in his mind. Then, one night, he

made up his (3) that he would go to the

hospital and ask them to admit him. He

reported to out-patients and asked to see a

psychiatrist.

A junior doctor eventually examined him and

(4) to Frank's confused account of having been

in hospital before, of how he thought he ought

to (5) again because he was so confused and

knew something was very wrong with him.

The doctor did not admit him. Frank cannot (6)

whether he was told that the hospital was full

or that they simply did not believe him. "I felt

I was completely alone. I thought there was (7)

there to help."

So Frank went back on to the streets to find a

future of sleeping outside, the occasional

shelter in hospitals, and sometimes prison (8)

he was picked up for being drunk: drunk

because it was the (9) way he could forget his

condition. Frank had sought help and been

turned away. Thousands of others (10) him

can find no help either. They are the sufferers

from long-term mental illness that confuse the

minds of their victims.

1). A

A. sometimes

B. sometime

C. some time

D. time

2). D

A. for

B. at

C. on

D. in

3). C

A. head

B. brain

C. mind

D. heart

4). A

A. listened

B. heard

C. talked

D. took

5). A

A. be admitted

B. admit

C. be admitting

D. have been admitted

6). B

A. remind

B. remember

C. recall

D. forget

7). C

A. somebody

B. anybody

C. nobody

D. everybody

8). A

A. whenever

B. where

C. that

D. why

9). A

A. only

B. one

C. bad

D. first

10). D

A. as

B. some

C. alike

D. like

完形填空 3

Jules Verne's most famous book is "Twenty Thousand Leagues under the Sea". (A "league" is an old word (1) about three miles.) In those days submarines had not been (2) , but he describes an underwater ship very like a modern submarine. The captain of the submarine, called Captain Nemo, and his men have many strange adventures and find many strange things (3) the bottom of the ocean. He was a very good (4) . His characters often did surprising and sometimes impossible things, but they always seemed (5) real people.

In another book, "Around the World in Eighty Days", Jules Verne creates Mr. Fogg, the hero, (6) made a bet that he would travel around the world in eighty days. Nowadays this may seem (7) to you, but in those days there were no planes or even cars. Mr. Fogg and his servant traveled in many different (8) , even on an elephant at one time! If you want to know their result, you should read the book.

In all his books Jules Verne used his scientific knowledge (9) his imagination in describing future inventions. (10) he was wrong, of course, but often the accuracy of his descriptions is very clever.

1). A

A. meaning

B. including

C. means

D. speaks

2). D

A. made

B. discovered

C. producing

D. invented

3). C

A. in

B. beneath

C. at

D. under

4).A

A. story-teller

B. sailor

C. captain

D. pilot

5). B

A. are

B. to be

C. that

D. as if

6). D

A. that

B. which

C. what

D. who

7). A

A. easy

B. difficult

C. comfortable

D. hard

8). C

A. roads

B. paths

C. ways

D. countries

9). C

A. except

B. as well

C. as well as

D. or

10). D

A. Always

B. Seldom

C. Some times

D. Sometimes

完形填空 4

Traffic in India means a mixture of all kinds

of vehicles on the road. About 700,000 new

cars (1) in India in the last twelve months, and

about twice that many used cars have been

traded.

The country's 35 million motorcycles and

scooters make it the world's largest two-wheel

market. But because there are still big

differences (2) people's incomes, the roads are

full of a whole variety of (3) , lots of them not

motorized.

A ride (4) a taxi driver in New Delhi gives a

flavour of a typical Indian-style traffic with all

kinds of vehicle held up in city streets or in

long lines (5) narrow country lanes. Cars,

lorries and buses back up behind a cart (6) by

one animal or another. "India has everything

on the roads," the taxi driver says. "You have

to (7) for pedestrians, bicycles, carts, cows,

donkeys and even elephants. Three things (8)

to drive here, a horn, brakes and good luck."

Just then we were stopped (9) a young boy

and his cow.

Given the hazards, it's not surprising

(10)special ceremonies are held for new car

owners in which the steering wheel and the

driver are both blessed.

1).A

A. have been sold

B. have sold

C. have been selling

D. had been sold

2). D

A. of

B. over

C. between

D. in

3). B

A. cars

B. vehicles

C. bikes

D. motorcycles

4). C

A. within

B. after

C. with

D. in

5). B

A. in

B. on

C. at

D. above

6).A

A. pulled

B. pulling

C. to pull

D. pull

7). C

A. wait

B. search

C. watch out

D. listen out

8). D

A. were recommended

B. to be recommended

C. to recommend

D. are recommended

9). B

A. with

B. by

C. to

D. after

10). D

A. what

B. why

C. when

D. that

完形填空5

Molly Wilson (1) a dancer and a mother for

many years when she (2) to sail round the

world to raise money for charity.

As a child she (3) as a ballet dancer, but at 15

she had grown too tall for classical ballet, so

she (4) a member of a pop dance team.

She (5) , and (6) she had children she retired

from show business to bring them (7) . They

grew up, and when they were 18 they left

home.

She says, "When I decided to do the

round-the-world race, my husband thought I was bored because the children had left home. He was also worried (8) I had never sailed (9) .

I was not bored, but I (10) some people who told me about the race. They had taken part in it, but they had only done one section, say, from New Zealand to Australia. I wanted to do the whole ten-month journey."

1). C

A. is

B. was

C. had been

D. has been

2). B

A. decides

B. decided

C. had decided

D. has decided

3). A

A. had trained

B. had been trained

C. was trained

D. trained

4). D

A. become

B. had become

C. has become

D. became

5). B

A. gets married

B. got married

C. was marrying

D. had married

6). C

A. before

B. when

C. after

D. - (不填)

7). D

A. down

B. in

C. out

D. up

8). D

A. although

B. however

C. so

D. because

9). A

A. before

B. ago

C. since

D. after

10). B

A. met

B. had met

C. meet

D. has meet

完形填空 6

More and more people (31) ____ to install burglar alarms in their houses if they want to get insurance. Insurance companies (32) ____ people in certain areas to install the alarms before they will give them insurance for the fast year. This is (33) ____ to increasing crime in some parts of the country. This can be a problem for people (34) ____ are struggling to make (35) ____ ends meet. The alarms, (36) ____ can be very expensive, need to be

installed by an electrician. It is (37) _____ that

20% of homes have alarms installed, and that

another 20% of people plan (38) _____ but

have not installed them (39) _____. The

insurance companies told people (40) _____

the alarms on all doors and windows.

31. A. must B. have

C. had

D. has B

32. A. have been asked

B. asked

C. will ask

D. have been asking D

33. A. due B. caused

C. because

D. because of A

34. A. which B. what

C. who

D. –C

35. A. the B. all

C. -

D. those C

36. A. that B. which

C. who

D. it B

37. A. estimate

B. estimating

C. estimates

D. estimated D

38. A. to have them installed

B. to have them installing

C. to have been installing them

D. to install them A

39. A. still B. already

C. yet

D. too C

40. A. install B. installed

C. installing

D. to install D

完形填空7

Traffic in India means a mixture of all kinds of

vehicles on the road. About 700,000 new cars

(31) in India in the last twelve

months, and about twice that many used cars

have been traded.

The country's 35 million motorcycles and

scooters make it the world's largest two-wheel

market. But because there are still big

differences (32)_____________ people's

incomes, the roads are full of a whole variety

of (33) , lots of them not motorised.

A ride (34) a taxi driver in New Delhi

gives a flavour of a typical Indian-style traffic

with all kinds of vehicle held up in city streets

or in long lines

(35)___________ narrow country

lanes. Cars, lorries and buses back up behind a

cart (36) by one animal or another.

"India has everything on the roads," the taxi

driver says. "You have to (37) for

pedestrians, bicycles, carts, cows, donkeys and

even elephants. Three things (38) to drive

here, a horn, brakes and good luck." Just then

we were stopped (39) a young boy and

his cow.

Given the hazards, it's not surprising

(40) special ceremonies are held for

new car owners in which the steering wheel

and the driver are both blessed.

31. A. have been sold

B. have sold

C. have been selling

D. had been sold A

32. A. of B. over C. between

D. in D

33. A. cars B. vehicles

C. bikes

D. motorcycles B

34. A. within B. after

C. with

D. in C

35. A. in B. on C. at

D. above B

36. A. pulled B. pulling

C. to pull

D. pull A

37. A. wait B. search

C. watch out

D. listen out C

38. A. were recommended

B. to be recommended

C. to recommend

D. are recommended D

39. A. with B. by

C. to

D. after B

40.A. what B. why

C. D. that D

完形填空8

Most workers spend eight hours on the job a

day on 31 . They work because they need

money for necessities. They spend about one

third of their lives at work, but hate it. By

contrast, some people actually 32 work.

They spend 33 hours on the job each week

and often take work home with them. They are

called ―workaholics(工作狂)‖ as they are

addicted to their job as other people

are 34 alcohol.

Workaholics would 35 work than do

anything else and this can be most important

to their life. Workaholics are often 36 stress.

They can‘t relax and feel tense. 37 they may easily lose temper. Their work therefore has serious impact on their relationships and family life. Typical workaholics pay little attention to families. They spend 38 time with their children and their marriages

may 39 in divorce. Their inability to relax may cause 40 problems, such as high blood pressure.

31. A. weekends B. workdays

C. each week

D. everyday B

32. A. hate B. enjoy

C. do

D. dislike B

33. A. extra B. rather

C. less

D. fewer A

34. A. for B. like

C. to

D. into C

35. A. better B. like to

C. do

D. rather D

36. A. on B. under

C. in

D. for B

37. A. As a matter of fact

B. As a result

C. As it is

D. As you can find B

38. A. more B. much

C. little

D. a little C

39. A. begin B. end

C. beginning

D. ending B

40. A. health B. blood

C. mental

D. family A

完形填空9

There are advantages and disadvantages

to 31 Asian and Western educational methods. For example, one

advantage 32 the education in Japan is that students there learn much more math and science 33 American students. They also study more hours each day than

Americans 34 . The study is difficult, but it 35 students for a society that values discipline and self-control. There is, however, a disadvantage. Memorization is an important learning method in Japanese

schools, 36 many students say that after an exam, they forget much of the information that they have memorized.

The advantage to the education in North America, 37 the other hand, is that students learn to think by themselves. The system prepares them for a society that values 38 ideas. There is, however, a

disadvantage. When students graduate from

high school, they haven‘t

memorized 39 many basic rules and facts as

students in other countries 40 .

31. A. not only B. all

C. both

D. only C

32. A. for B. to

C. in

D. as B

33. A. to B. for

C. than

D. in C

34. A. have B. studying

C. does

D. do D

35. A. provides B. gets

C. prepares

D. does C

36. A. and B. yet

C. not

D. just B

37. A. at B. to

C. on

D. under C

38. A. good B. poor

C. new

D. old C

39. A. more B. less

C. good

D. as D

40. A. have B. do

C. haven‘t

D. does A

完形填空10

Jules Verne‘s most famous book is ―Twenty

Thousand Leagues under the Sea‖. (A

―league‖ is an old word 16 about three

miles.) In those days submarines (潜水艇) had

not been 17 , but he describes an

underwater ship very like a modern submarine.

The captain of the submarine, called Captain

Nemo, and his men have many strange

adventures and find many strange

things 18 the bottom of the ocean. He was

a very good 19 . His characters often did

surprising and sometimes impossible things,

but they always seemed 20 real people.

In another book, ―Around the World in Eighty

Days‖, Jules Verne creates Mr. Fogg, the hero,

21 made a bet that he would travel around

the world in eighty days. Nowadays this may

seem 22 to you, but in those days there were

no planes or even cars. Mr. Fogg and his

servant traveled in many different 23 , even

on an elephant at one time! If you want to

know their result, you should read the book.

In all his books Jules Verne used his scientific

knowledge 24 his imagination in describing

future inventions. 25 he was wrong, of

course, but often the accuracy of his

descriptions is very clever.

16. A. meaning B. including

C. means

D. speaks A

17. A. made B. discovered

C. producing

D. invented D

18. A. in B. beneath

C. at

D. under C

19. A. story-teller B. sailor

C. captain

D. pilot A

20. A. are B. to be

C. that

D. as if B

21. A. that B. which

C. what

D. who D

22. A. easy B. difficult

C. comfortable

D. hard A

23. A. roads B. paths

C. ways

D. countries C

24 .A. except B. as well

C. as well as

D. or C

25. A. Always B. Seldom

C. Some times

D. Sometimes D

完形填空11

Peter Blake is a successful businessman, but

he (16)____________ to be very poor. He had

nowhere to live and (17) ____________

working in a pub when he (18) ____________

to start his own business. Peter had always (19)

____________ interested in plants and flowers,

(20) ____________he decided to set up a

company (21) ____________ cared for the

plants in big offices. At first he worked on his

(22) ____________, but soon he took (23)

____________ two people to help him. The

company has been growing (24)

____________ for the last ten years. Peter is

now very rich, (25) ____________ he

complains that now he doesn‘t work with

plants but with a computer every day!

16. A. would B.--

C. used

D. use C

17. A. did B. was

C. been

D. has been B

18. A. had decided B. decided

C. was deciding

D. has decided B

19. A. was B. had

C. being

D. been D

20. A. so B. but

C. --

D. although A

21. A. who B. which

C. whose

D. -- B

22. A. own B. self

C. --

D. himself A

23. A. up B. over

C. on

D. in C

24. A.-- B. up

C. over

D. into A

25. A. therefore B. so

C. but

D. moreover C

完形填空12

Although international travel is usually an (21) __________ and pleasant experience, travellers should take steps to ensure that their health does not suffer either (22) ______ their time _____ the air or ______ their time abroad. Before you go, check with your doctor or local travel clinic (23) ______ injections are necessary for the areas you are travelling (24) _____. Allow sufficient time to have these injections before you (25) _______ because they may take time to become effective. Be sure that the information on health is

up-to-date. Check on the Internet if you are not sure.

Don‘t go to bed late the day (26) _______ you fly.

Your body has a natural daily sleep pattern. It takes time to adjust to a new time zone. There are many different (27) __________ of jet lag: you may not be able to sleep, you may not want to eat or you may feel sick and tired. You may not be able to concentrate for some days after you arrive.

There are several things you can do to (28)

________ the effects of jet lag:

-Do your (29) ______ to relax during the flight;

-Sleep as much as you can on the flight. Use a mild sleeping pill if necessary;

-Drink as much water as you can;

-Don‘t drink alcohol and caffeine;

-Take mild sleeping pills (30) ______ the first few days in the new time zone if you need them.

21. A) excited B) exciting

C) excitted D) exciting B

22. A) of…on…of

B) of…in…of C) from…on…from

D) from…in…from D

23. A) where B) - (不填)

C) which D) that C

24. A) - (不填)B) in

C) to D) at C

25. A) will leave

B) is leaving

C) leave D) have left C

26. A) after B) in

C) on D) before D

27. A) effects B) effect

C) affect D) affects A

28. A) short B) shorten

C) less D) lessen D

29) A) good B) better

C) best D) most C

30. A) at B) for

C) of D) on B

完形填空13

A study (21) _____________ that fitness is the

key (22) ______ long life, irrespective of body

shape or even smoking habits. Researchers

discovered that people (23) _________

exercise live longer than those who do not, (24)

__________ they are overweight and smoke.

The study found that the least fit of the 6,000

middle-aged men in the study were five times

(25) _____________ to die within six years of

the start of the research than the fittest. This

was true whether or not the men had heart

problems, smoked or (26) ______ overweight.

Scientists concluded that it was better to be fat

and active than skinny and sedentary. Dr Ken

Cooper, a fitness expert, said, "You are better

off smoking a packet of cigarettes a day and

(27) __________ regularly than being a

non-smoker and sedentary." Although he adds,

" But don't misunderstand me. I am not

endorsing smoking. I am trying to tell you

how dangerous it is to be sedentary."

(28) ________, the study appears to fly in the

face of research last year which concluded that

more than 30,000 people die prematurely

every year in Britain from illnesses caused by

being overweight.

The British Government is putting pressure on

manufacturers (29) ____________ high levels

of sugar in food and to restrict the hard-sell of

junk food to children in order to improve the

nation's health. But the new study suggests the

Government (30) __________ more people to

exercise.

21. A) showing B) show C) has

shown D) had shown C

22. A) to B) for

C) of D) in A

23. A) –(不填) B) which

C) whom D) who D

24. A) if B) unless

C) even if D) because C

25. A) like B) likely

C) less likely D) more likely D

26. A) was B) were

C) is D) are B

27. A) to exercise B) exercising

C) exercise D) exercised B

28. A) However B) So

C) Although D) Furthermore A

29. A) reduce B) reducing

C) to reduce D) reduced C

30. A) encouraged

B) encouraging

C) to encourage

D) encourage D

完形填空14

More and more people (21) ____ to install

burglar alarms in their houses if they want to

get insurance. Insurance companies (22) ____

people in certain areas to install the alarms

before they will give them insurance for the

fast year. This is (23) ____ to increasing crime

in some parts of the country. This can be a

problem for people (24) ____ are struggling to

make (25) ____ ends meet. The alarms, (26)

____ can be very expensive, need to be

installed by an electrician. It is (27) _____ that

20% of homes have alarms installed, and that

another 20% of people plan (28) _____ but

have not installed them (29) _____. The

insurance companies told people (30) _____

the alarms on all doors and windows.

21. A. must B. have

C. had

D. has B

22. A. have been asked

B. asked

C. will ask

D. have been asking D

23. A. due B. caused

C. because

D. because of A

24. A. which B. what

C. who

D. – C

25. A. the B. all

C. -

D. those C

26. A. that B. which

C. who

D. it B

27. A. estimate B. estimating

C. estimates

D. estimated D

28. A. to have them installed

B. to have them installing

C. to have been installing them

D. to install them A

29. A. still B. already

C. yet

D. too C

30. A. install B. installed

C. installing

D. to install D

完形填空15

A study has shown that fitness is the key (21) _____ long life, irrespective of body shape (22) _____ even smoking habits. Researchers discovered that people who exercise live longer than (23)______, even if they are overweight and smoke.

The study found that (24) ______ fit of the

6,000 middle-aged men in the study were five times more likely to die within six years of the start of the research than the fittest. This was true (25)_______the men had heart problems, smoked or were overweight. Scientists concluded that it was better (26)_______and active than skinny and sedentary. Dr Ken cooper, a fitness expert, said, ― You are better off smoking a packet of cigarettes a day and exercising regularly than (27)_______ a non

–smoker and sedentary.‖ Although he adds,

―But don‘t misunderstand me. I am not endorsing (28)_____, I am trying to tell you how dangerous it is to be sedentary.‖

The British Government is putting pressure (29)_____ manufacturers to reduce high levels of sugar in food and to restrict the hard-sell of junk food to children in order to improve the nation‘s health. B ut the new study suggests the Government should encourage more people (30)_____.

21. A. for B. of

C. to

D. in C

22. A. or B. and

C. but

D. either A

23. A. those who does not

B. these who do not

C. these that do not

D. those who do not D

24. A. the little B. less

C. least

D. the least D

25. A. that B. whether or not

C. if or not

D. when B

26. A. being fat B. to be fat

C. to do

D. doing B

27. A. being B. be

C. to be

D. is A

28. A. smoke B. to smoke

C. smoking

D. smoked C

29. A. on B. in

C. to

D. for A

30. A. exercise B. exercising

C. to exercise

D. exercised C

阅读理解1

When I was a little girl, my brothers and I

collected stamps for many years. My mother

didn't use to work during the week, but she

worked in the post office near our house on

Saturdays, and she used to bring home all the

new stamps as soon as they were issued.

On the day of the World Cup football final in

London in 1966, we were very excited

because England were playing West Germany

in the final. When we were having lunch, my

mother told us to go to the post office

straightaway after the match if England won,

but she didn't tell us why. At 2 o'clock my

mother went back to work as usual, while the

rest of the family were watching the football

on TV at home. Although she wasn't watching

the match, she was listening to it on the radio.

England won 4:2 and so my brothers and I ran

to the post office. As we burst in, my mother

was standing behind the counter. She was

waiting to sell us a very special limited edition

with ENGLAND WINNERS on each stamp.

We were over the moon.

We still have it today, and perhaps it is worth

a lot of money.

1). This passage mainly tells us C. the author

and her brother had an unforgettable

experience in collecting stamps.

2). According to the passage, her mother

worked in the post office B. on Saturdays.

3). Their mother told them to go to the post

office straightaway after the match if

England won, but she didn't tell them why.

Why do you think she did that? A. She

wanted to give them a surprise.

4). What does the sentence "We were over

the moon." mean? B. We were extremely

happy about it.

5). What is the best title for this passage? D.

A Memorable Experience in Collecting

Stamps

阅读理解2

"Listen, that's not right." "Look, you don't

understand!" "Sorry, I don't follow."

Are these three speakers, who are just chatting

naturally, actually revealing what many people

believe is their dominant thinking and learning

style? Many educators, who research in this

field say that everybody has one of three basic

ways of processing the world: visual, auditory

or kinaesthetic. Students who find their

dominant learning style can make their

learning more efficient.

The Visual Learner:"Look, you don't

understand!"

The visual learner tends to learn by watching

and copying what others do; they usually draw

diagrams, maps and pictures rather than taking

notes in words. They have a rich imagination,

they tend to see pictures in their head and

daydream in colour; they notice changes in

people and places quickly; they remember

faces not names; they write neatly and need a

tidy environment to work in, but they like to

surround themselves with colour, art and

pictures; they doodle a lot.

The Auditory Learner:"Listen, that's not

right."

The auditory learner prefers to listen to

explanations, enjoys conversations, usually

talks very well, with a wide vocabulary. They

tend to move their lips when they read and

often talk to themselves; they usually

remember names rather than faces; they prefer

listening to music to looking at art and

pictures, but when they are studying, music

distracts them; they hum a lot.

The Kinaesthetic Learner:"Sorry, I don't

follow you."

Kinaesthetic learners are used to doing things

physically, not listening to explanations or watching demonstrations. They like to move around when they are reading or walk up and down while trying to memorise things; they tend to touch and hug people a lot.

They often prefer sports to cinemas and concerts and may lose concentration quickly if they don't study in the right way.

Do you recognise yourself in one of the descriptions above? Three students took the tests and this is what they said.

The visual learner:

My teacher always used to tell me off for doodling - now I realise it helped me concentrate.

The auditory learner:

The coursebooks, which my colleagues found very interesting, were useless for me. I didn't want to read and take notes. I just wanted to discuss the ideas.

The kinaesthetic learner:

A teacher, who knows about learning styles suggested that I tape the lectures and listen to them when I am jogging.

1). Which of the following learners is NOT mentioned in the passage? D

A. Visual learner.

B. Auditory leaner.

C. Kinaesthetic leaner.

D. Sensory learner.

2). Which of the following is NOT true about the visual learners? D

A. They usually learn by watching and copying what others do.

B. They prefer drawing pictures to taking notes in words.

C. They are full of imagination.

D. They remember people's names quickly.

3). Which of the following describes best the auditory learners? B

A. They like to watch and listen to what others do.

B. They prefer to listen rather than watch.

C. They like both music and pictures.

D. They usually talk less.

4). From the fourth paragraph, the kinaesthetic learner tends to C .

A. listen to explanations and enjoy conversations

B. memorise things via pictures

C. do more physical exercises

D. be forgetful

5). According to the passage, the drawback

of being a visual learner is __A________.

A. he cannot concentrate on things

B. he dislikes music

C. he always daydreams

D. none of them

阅读理解3

I had two jobs growing up and they all helped

shape my life.

When I was about 12, I started caddying (当球

童) at a nearby country club. All the kids in

the neighborhood did it, and I liked it a lot. I

got to watch people who were generally pretty

wealthy.

They were businessmen and doctors. I would

listen to them talking about things and see

how they behaved with each other. It was like

a fly on the wall at a meeting.

The second job was at a shoe store. I

constantly met people from all walks of life

and the challenge was exciting. I'd start

bringing them different kinds of shoes and get

right down there and put them on their feet. If

they didn't like a certain shoe, I always tried to

be thinking ahead to a pair they might like

better. It was like stepping up to the plate in a

baseball game. Every time someone walked

into that store, I was going to bat and taking a

swing. I never wanted to let a customer get out

of that store without buying a pair of shoes to

his satisfaction.

This job helped teach me an important

business lesson: You have to take risks in

business. If you take a risk and fail, get up to

bat and swing again.

1). The author thinks what he has learned

from his first job is ___B_________.

A. how to learn to like a job

B. how to talk and behave properly

C. how to become wealthy

D. how to listen to people

2). The phrase "people from all walks of

life" in the third paragraph means people

__D__________.

A. walking in different ways

B. having different interests in life

C. coming from different parts of the city

D. working in different occupations

3). The author thinks his second job is

___A_________.

A. challenging

B. important

C. different

D. satisfying

4). The author compares his second job to

___C_________.

A. a fly on the wall at a meeting

B. stepping into a golf course

C. joining a baseball game

D. taking a bat to swing

5). The business lesson the author gets from

selling shoes is ___C_________.

A. thinking ahead of the customers

B. trying every possible way to satisfy a

customer

C. never be afraid of taking risks

D. never let go anyone walking into the shop

阅读理解4

Every day, the news of the world is relayed to

people by over 300 million copies of daily

papers, over 400 million radio sets, and over

150 million television sets. Additional news is

shown by motion pictures, in theatres and

cinemas all over the world. As more people

learn what the important events of the day are,

fewer are still concerned exclusively with the

events of their own household. As the English

writer John Donne put it, nearly four hundred

years ago, ―no man is an island.‖ This idea is

more appropriate today than it was when

Donne lived. In short, wherever he lives, a

man belongs to some society; and we are

becoming more and more aware that whatever

happens in one particular society affects,

somehow, the life and destiny(命运) of all

humanity.

Newspapers have been published in the

modern world for about four hundred years.

Most of the newspapers printed today are read

in Europe and North America. However, soon

they may be read in all parts of the world,

thanks to the new inventions that are changing

the techniques of newspaper publishing.

Electronics and automation(电子和自动

化)have made it possible to produce pictures

and text far more quickly than before.

Therefore, the publishing of newspapers and

magazines becomes more economical.

Furthermore, photo-copies can be sent over great distances now by means of television channels and satellites such as Telstar. Thus, pictures can be brought to the public more quickly than previously.

1). People learn about what happens in the world through ___D_________.

A. newspapers and magazines

B. radio and television sets

C. electronics and automation

D. both A and B

2). According to the passage, the expression "no man is an island" means that

___D_________.

A. no man lives on an island surrounded by water

B. every man is in some way alone

C. every man can live an independent life

D. every man belongs to some society

3). The passage suggests that newspapers have been published for about

__D__________.

A. 100 years

B. 200 years

C. 300 years

D. 400 years

4). According to the author, people in today's world __B__________.

A. have become more isolated than people in Donne's times

B. are affected more by whatever happens in the other parts of the world

C. are concerned only with the events of their own household

D. only read newspapers in Europe and North America

5). Today the publishing of newspapers and magazines is more economical because

__B__________.

A. more people are engaged in newspaper publishing

B. new inventions are changing the techniques of newspaper publishing

C. Telstar can send pictures to any part of the world

D. the competition in newspaper publishing is getting severe

阅读理解5

Hello, new students! This is a message from the Students Union Committee.

We've been at the university for at least a year now, so we can give you some good tips. Don't worry – we remember being new and

making a lot of mistakes! And we haven't

forgotten feeling a little bit scared.

First, as you know, there are no longer any

grants. If you borrow money from the

government, remember that like all loans, you

have to pay it back. Spending all your money

in the first week is not a sensible strategy. Try

to make a budget for each term and stick to it.

But if you are struggling to make ends meet,

you can get a part-time job–restaurants and

bars in the town take lots of students on in the

evenings and at weekends. Come and see us

for advice.

Stop worrying about making new friends.

Start to join the sports and hobbies societies –

they're cheap and you can begin meeting a lot

of people that way. It's a great chance to take

up a completely new hobby.

Living in a new city a long way from home

can be very stressful. One tip, don't forget

your parents. After all, they are paying your

tuition fees here. You will be very busy

working and enjoying yourself, but stop to

phone your parents sometimes and don't forget

to go home for the weekend from time to time.

And remember to take your dirty washing!

Finally, remember to work hard and play hard.

Go on working steadily towards your first

degree (BA or BSc) throughout your three

years here – try to keep things in perspective.

You'll always find someone in the Student

Union office if you need to talk.

1). What does the word "scared" mean in

the second paragraph? B

A. excited

B. frightened

C. worried

D. new

2). What does the word "grants" mean in

the third paragraph? A

A. money given by the government to support

the students' study, which they needn't pay

back

B. money from the government which the

students need to pay back

C. money from the school which is similar to

scholarship

D. a kind of loan from the government with

low interests

3). The sentence "But if you are struggling

to make ends meet, …at weekends" in the

third paragraph implies___A______.

A. if you are short of money, you can find a

part-time job in the restaurants and bars in

your spare time

B. if you want to have a better life than others,

you can find a part-time job in your spare time

C. restaurants and bars need more hands in the

evenings and at weekends

D. restaurants and bars don't need more hands

in the evenings and at weekends

4). From the fifth paragraph, we can infer

that in order to overcome the stress of

living faraway from home, _A_.

A. it's better for new students to talk to their

parents over the phone from time to time

B. new students need to do their washing

themselves

C. new students should keep themselves as

busy as possible so that they will not miss

home

D. new students should stop phoning their

parents

5). This passage is written for the purpose

of __C_.

A. telling new students the problems facing

them in the university

B. telling new students how to budget their

money

C. offering new students some advice about

their university life

D. talking new students into joining them

阅读理解6

PALO ALTO, California –―Switching off the

television may help prevent children from

getting fatter – even if they do not change

their diet or increase the amount they

exercise,‖ US researchers said last week.

A study of 192 third and fourth graders,

generally aged eight and nine, found that

children who cut the number of hours spent

watching television gained nearly two pounds

(0.9kg) less over a one-year period than those

who did not change their television diet.

―The findings are important because they

show that weight loss can only be the result of

a reduction in television viewing and not any

other activity,‖ said Thomas Robinson, a

pediatrician(儿科专家) at Stanford University.

―American children spend an average of more

than four hours per day watching television

and videos or playing video games, and rates of childhood being very fat have doubled over the past 20 years,‖ Robinson said.

In the study, presented this week to the Pediatric Academic Societies' annual meeting in San Francisco, the researchers persuaded about 100 of the students to reduce their television viewing by one-quarter to one-third. Children watching fewer hours of television showed a significantly smaller increase in waist size and had less body fat than other students who continued their normal television viewing, even though neither group ate a special diet or took part in any extra exercise. ―One explanation for the weight loss could be the children unstuck to the television may simply have been moving around more and burning off calories,‖ Robinson said. ―Another reason might be due to eating fewer meals in front of the television. Some studies have suggested that eating in front of the TV encourages people to eat more,‖ Robinson said.

1). The author tries to tell us in the first two paragraphs that __D_.

A. children will get fatter if they eat too much

B. children will get thinner if they eat less

C. children will get fatter if they spend less time watching TV

D. children will get fatter if they spend more time watching TV

2). According to the passage, the time American children usually spend on watching TV ___A___.

A. is more than four hours a day

B. is less than four hours a day

C. doubled in the last twenty years

D. is more than on any other activities

3). The time the group of children in the study spend on TV viewing every day is suggested to be about __C__.

A. six hours

B. eight hours

C. three hours

D. one hour

4). Which one of the following is right?

B

A. Children usually eat less while watching TV.

B. Children usually eat more while watching TV.

C. Children eat the same amount of meals while watching TV.

D. Children usually eat nothing while

watching TV.

5). Why can watching TV increase kids'

weight according to the passage? D

A. They usually eat more while watching TV.

B. They burn off fewer calories.

C. They change their diet while watching TV.

D. Both A and B.

阅读理解7

People travel a lot with Heaven Air because

they know they will get what they want. They

want to go quickly and safely across the land,

across the sea or right across the world, and

they know Heaven Air will take them where

they want to go whenever they want to go.

Heaven Air flies all the newest and fastest

planes to more towns and cities of the world

than any other airlines.

Do you want to go to Paris, Washington,

Tokyo? Heaven Air will take you there, at all

times of the day or night, right through the

week. But Heaven Air flies not only to the

biggest cities, we also fly two or three times a

week to towns and cities in the very center of

Asia, Africa and South America.

People fly with Heaven Air because they

know they will leave on time and arrive on

time. They know that they will receive the

best food and watch the best films.

Heaven Air is second to none.

1). Heaven Air is the name of

____B________.

A. a plane

B. an airline

C. a travel service

D. an advertising program

2). Travelling with Heaven Air is

___D_________.

A. comfortable but expensive

B. cheap and pleasant

C. exciting but tiring

D. quick and safe

3). Heaven Air can take you to Paris

__C__________.

A. on weekends only

B. just on weekdays

C. any time in a week

D. two or three times a week

4). Most flights of Heaven Air go to

_____C_______.

A. big cities

B. small towns

C. both big and small cities

D. the very center of Asia

5). According to the advertisement, Heaven

Air believes it is __D__________.

A. the second biggest in the world

B. the second best in the world

C. the biggest in the world

D. the best in the world

阅读理解8

John Preston lives in a flat in north London.

He moved there after his wife died four years

ago to be closer to his daughter's family, and

because his big detached house and garden

were too much work for him as he got older.

It's easier in the flat because the letting agent

does everything that needs doing.

The agent has had the roof repaired and got

the gutter replaced, but at the moment John is

not satisfied because the window frames need

painting and the garden looks neglected. The

agent had the windows painted two years ago,

but the painters didn't do it very well, so they

need doing again. John pays over £1,500 a

year for service and maintenance, and he

thinks that it's not good enough because the

flats look shabby and a lot of things need

repairing.

His daughter, June, and her husband, Pete, on

the other hand, have to do everything

themselves or find builders to do it. They live

in a large semi-detached house further out

from the centre of London than John, but they

are still near enough to see him often. They

live in the suburbs with a nice garden where

their children play. They moved there four

years ago to have more space. The only

drawback is that June's husband has to

commute into the centre of London every day,

but, overall, they are happy with their decision.

When they bought the house, a lot needed

doing to it and it still does. June says, "We

have a list of things to do as long as your arm

— the roof needs repairing and the chimney

needs mending. The bedrooms need

decorating and we haven't had the broken

windowpanes replaced yet in the conservatory.

We need to fix the gate and repair the path —

it looks dreadful when you arrive."

1). What does the word "replaced" mean in the sixth line in paragraph 1 ___A______.

A. renewed

B. refilled

C. put back

D. recovered

2). The word "shabby" in the last line of paragraph 1 means __C_______.

A. satisfactory

B. in good condition

C. in bad condition

D. attractive

3). The word "drawback" most likely means ___B______.

A. advantage

B. disadvantage

C. return

D. feature

4). The sentence "we have a list of things to do as long as your arm" means _C________.

A. we have to use our arms to do a lot of things

B. we have few things to do

C. we have quite a few things to do

D. we have nothing to do

5). Which of the following is TRUE about June and Pete's house? D

A. It's detached one with a large garden.

B. It's a located near the centre of London.

C. It was in a good state when they bought it.

D. It generally please them.

阅读理解9

Crime Prevention Initiatives

The chances that you will be a victim of violent crime are low. But you can avoid risk in the following ways.

AT HOME

- You should make sure your house or flat is secure. Always lock the door from the inside at night, but you must keep the key nearby, so that you can use it to get out quickly if there is a fire.

- You must never give keys to workmen as they can easily make copies.

- If you wake up and hear a burglar, stay quietly in bed. Pretend you are asleep. If you feel more confident, switch on the light and make a lot of noise; even if you are on your own you should call out loudly to an imaginary companion, so that the burglar

thinks you are not alone and runs away. You

should have a phone or a mobile in your

bedroom to alert the police immediately.

- If you come home and think you see signs of

a break-in, you shouldn't go in, the burglar

may be inside.

You should go to a neighbour and call the

police.

ON THE STREET

At night:

- Always walk facing the traffic, so that a car

cannot pull up behind you.

- You mustn't go through parks or woods.

- If you think someone is following you, cross

the road one or two times. If he or she

continues to follow you, go to a pub or other

public place.

- Always carry your bag close to you, but

carry your house keys in your pocket so that

you can open the door quickly. If someone

attacks you - remember your safety is more

important than your property.

1). This passage mainly focuses on

__A______.

A. how to avoid crimes both at home and in

the street

B. where to stay if you want to be safe

C. what you should do at home if there is a

burglary

D. how to avoid crime at night in the street

2). If you want to guarantee your safety at

home, you should __B_______.

A. always lock the door and put the key in a

secret place far away from the door

B. never leave the keys with workmen since

they can easily make copies

C. keep silent all the time even if you are on

your own when a burglar steals into your

house

D. go in immediately when you suspect

someone is breaking into your house

3). Based on the passage, if you notice

someone following you, it's better for you to

_D________.

A. shout loudly

B. run quickly

C. stop, turn around and look at him

D. go to public places

4). Why should you have a telephone in the

bedroom? C

A. Because we might use it to alert the burglar.

B. Because it's convenient for us to talk to our

friends while lying in bed.

C. Because it's convenient for us to report to

the police in case there is a burglary.

D. Because it we might use it to make a phone

call at midnight.

5). From the passage, we can infer that we

might be victims if __A_______.

A. we cannot part with the money when being

attacked

B. we always walk facing the traffic

C. we don't walk in the empty street

D. we carry too much cash

阅读理解10

Once the king of India fell ill and sent for his

doctor. The doctor came, examined him and

said, ―You will be well again in a few days if

you take bull‘s milk.‖ The king was very

surprised, for he had never heard of a bull that

gave milk. ―How is it possible?‖ he asked.

―Order Gulbo, the scholar, to get it for you. He

can do anything.‖ The doctor was an enemy to

Gulbo, and thought this would be a way of

making him suffer. When the king told Gulbo

what the doctor had said and ordered him to

get bull‘s milk, Gulbo immediately understood

what the doctor was trying to do.

When he got home he sat thinking how to get

out of the difficulties. His daughter, seeing

him worried, asked what was the matter. On

hearing what the king had asked for, she said,

―Don‘t worry, father, I‘ll help you.‖

The next day she took some old clothes, went

to the bank of the river near the palace, and

chose a place below the king‘s bedroom

window. In the middle of the night, when

everyone was in bed, she started to do her

washing. She made so much noise that the

king could not sleep. The king got very angry

and set a guard to find out what was the matter.

The soldier found the girl, and led her to the

king. ―Why do you wash your clothes here at

night?‖ asked the king.

The girl prete nded to be afraid and said, ―I had

to wash clothes at night. This afternoon my

father had a baby. I was busy all day because

of that. Then I found there were no clean

clothes for the baby, so I had to come and

wash them now.‖

―What!‖ cried the king, ―Are you trying to make a fool of me? Who ever heard of a man having a baby?‖

―Well, if the king himself orders someone to get bull‘s milk for him, why can‘t a man have a baby?‖

The king smiled and said, ―You must be Gulbo‘s daughter. Go and tell your father t hat he may keep the bull‘s milk for his baby.

1. According to the doctor in the story, the king’s illness can be cured by __B____.

A. making Gulbo suffer

B. drinking bull‘s milk

C. seeing another doctor

D. feeding him with c ow‘s

milk

2. The doctor told the king to ask Gulbo to find bull’s milk because he __B____.

A. admired Gulbo greatly

B. hated Gulbo very much

C. thought Gulbo was a scholar

D. tried to make Gulbo another

doctor

3. How did Gulbo feel after getting the king’s order? A

A. He was upset.

B. He was excited.

C. He was surprised.

D. He was

disappointed.

4. Why did Gulbo’s daughter wash clothes below the king’s bedroom window at night? D

A. Because she was forced to do it.

B. Because she often washed clothes there.

C. Because she enjoyed washing clothes there.

D. Because she wanted the king to notice her.

5. From the dialogue between the king and the girl, we know that after hearing the girl’s story, the king _D___.

A. wanted to see the baby

B. became angry with her

C. thought the girl was a fool

D. understood the girl‘s

meaning 阅读理解11

People all over the world today are beginning

to hear and learn more and more about the

problem of pollution. Pollution is caused

either by man‘s release of completely new and

often artificial (人造的) substances into the

environment, or by releasing greatly increased

amounts of a natural substance (物质),such as

oil from oil tankers into the sea.

Whatever its underlying reasons, there is no

doubt that much of the pollution caused could

be controlled if only companies, individuals

and governments would make more efforts. In

the home there is an obvious need to control

litter and waste. Food comes wrapped up

three of four times in packages that all have to

be disposed of; drinks are increasingly sold in

bottles or tins which can‘t be reused. This not

only causes a litter problem, but also is a great

waste of resources, in terms of glass, metal

and paper. Advertising has helped this process

by persuading many of us not only to buy

things we neither want nor need, but also to

throw away much of what we do buy.

Pollution and waste combine to be a problem

everyone can help to solve by cutting out

unnecessary buying, excess use and careless

disposal (处理) of the products we use in our

daily lives.

1. The main cause of pollution is

___A_______.

A. the release of artificial or natural

substances into the environment

B. the production of new industrial

goods

C. increased amounts of a natural

substance

D. our ever-increasing population

2. Much of the pollution could be controlled

if only __C________.

A. people would pay more attention to

the problem

B. governments would take effective

measures

C. all sides concerned would make more

efforts

D. farmers would use less artificial

fertilizers

3. Food packages, bottles and tins for

drinks can cause __B________.

A. air and water pollution

B. both a litter problem and a waster of

resources

C. to pay for the service

D. to produce the receipt

4. Which of the following can not help

solving the problem of pollution? B

A. Cutting out unnecessary buying.

B. Eating.

C. Reduce excess use.

D. Carefully dispose our daily products.

5. What does the underlined word ―litter‖

mean in paragraph 2? C

A. not many

B. serious problem

C. bits of waste things

D. industrial pollution

阅读理解12

Thousands of years ago, in the middle of an

ocean, miles from the nearest island, an

undersea volcano broke out. The hot liquid

piled higher and higher and spread wider and

wider. In this way, an island rose up in the sea.

As time went on, hot sun and cool rains made

the rock split and break to pieces. Sea waves

dashed against the rock. In this way, soil and

sand came into being.

Nothing lived on the naked soil. And then the

wind and birds brought plant seeds, spiders

and other little creatures there. Only plants

could grow first. Only they, in sunlight, could

produce food from the minerals of the soil,

water and air. While many animals landed on

the island, they could find no food. A spider

spun its web in vain, because there were no

insects for its web to catch. Insects couldn‘t

stay until there were plants for them to eat. So

plants had to be the pioneer life on this new

island.

1. The passage centers on ____D______.

A. how an undersea volcano broke

out

B. how an island rose up in the sea

C. how soil was formed on a new island

D. how life began on a

volcano-produced island

2.According to the passage, the island got

its first soil from ___C_______.

A. sea waves

B. the sand brought by the wind

C. its own rock

D. cool rains

3.The word ―naked‖ (in para. 3) could be replaced by which of the following? D

A. hidden

B. new

C. mysterious

D. bare

4.The order of coming into being on the island is ____A______.

A. soil, plants and animals

B. soil, little creatures and plants

C. soil, birds and plants

D. soil, human beings and animals

5. According to the passage, which of the following is TRUE ? C

A. Spiders were the first life that could live on the island.

B. The island is far away from any piece of land.

C. Insects could not live on the island without plants.

D. Plants were brought to the island by human being.

阅读理解13

In the last 500 years, nothing about people –not their clothes, ideas, or languages – has changed as much as what they eat. The original chocolate drink was made from the seeds of the cocoa tree by South American Indians. The Spanish introduced it to the rest of the world during the 1500‘s. And although it was very expensive, it quickly became fashionable. In London shops where chocolate drinks were served became important meeting places. Some still exist today.

The potato is also from the New World. Around 1600, the Spanish brought it from Peru to Europe, where it soon was widely grown. Ireland became so dependent on it that thousands of Irish people starved when the crop failed during the―Potato Famine‖of

1845-6, and thousands more were forced to emigrate to America.

There are many other foods that have traveled from South America to the Old World. But some others went in the opposite direction. Brazil is now the World‘s largest grower of

coffee, and coffee is an important crop in

Colombia and other South American countries.

But it is native to Ethiopia. It was first made

into a drink by Arabs during the 1400‘s.

According to an Arabic legend, coffee was

discovered when a goatherd name Kaldi

noticed that his goats were attracted to the red

berries on a coffee bush. He tried one and

experienced the ―wide-awake‖ feeling that

one-third of the world‘s population now starts

the day with.

1. According to the passage, which of the

following has changed the most in the last

500 years? A

A. Food C. Potato

B. Chocolate D. Coffee

2. ―Some‖ in ―Some still exist today‖

means ___C______.

A. some cocoa trees

B. some chocolate drinks

C. some shops

D. some South American Indians

3. Thousands of Irish people starved

during the ―Potato Famine‖ because

___D______.

A. they were so dependent on the potato that

they refused to eat anything else

B. they were forced to emigrate to America

C. the weather conditions in Ireland were

not suitable for growing the potato

D. the potato harvest was bad

4. Coffee originally came

from__C_______.

A. Brazil

B. Colombia

C. Ethiopia

D. Arabia

5. The Arabic legend is used to prove that

____D_____.

A. coffee was first discovered by Kaldi

B. coffee was first discovered by Kaldi‘s

goats

C. coffee was first discovered in south

American countries

D. coffee drinks were first made by Arabs

阅读理解14

Crime Prevention Initiatives

The chances that you will be a victim of

violent crime are low. But you can avoid risk

in the following ways.

AT HOME

·You should make sure your house or

flat is secure. Always lock the door from the

inside at night, but you must keep the key

nearby, so that you can use it to get out

quickly if there is a fire.

·You must never give keys to workmen

as they can easily make copies.

·If you wake up and hear a burglar, stay

quietly in bed. Pretend you are asleep. If you

feel more confident, switch on the light and

make a lot of noise; even if you are on your

own you should call out loudly to an

imaginary companion, so that the burglar

thinks you are not alone and runs away. You

should have a phone or a mobile in your

bedroom to alert the police immediately.

·If you come home and think you see

signs of a break-in, you shouldn‘t go in, the

burglar may be inside. You should go to a

neighbour and call the police.

ON THE STREET

At night:

·Always walk facing the traffic, so that a

car cannot pull up behind you.

·You mustn‘t go through parks or woods.

·If you think someone is following you,

cross the road one or two times. If he or she

continues to follow you, go to a pub or other

public place.

·Always carry your bag close to you, but

carry your house keys in your pocket so that

you can open the door quickly. If someone

attacks you - remember your safety is more

important than your property.

1. This passage mainly focuses on

_A_______.

A. how to avoid the crimes both at home and

in the street

B. where to stay if you want to be safe

C. what you should do at home if there is a

burglary

D. how to avoid the crime at night in the street

2. If you want to guarantee you are secure

at home, you should ___B______.

A. always lock the door and put the key in a

secret place far away from the door

B. never leave the keys to workmen since they

can easily make copies

C. keep silent all the time even if you are on your own when a burglar steals into your house

D. go in immediately when you suspect (怀疑) someone is breaking into your house

3. Based on the passage, if you notice someone following you, it’s better for you to __B_______.

A. shout loudly

B. go to public places

C. stop, turn around and look at him

D. run quickly

4. Why should you have a telephone in the bedroom? C

A. Because we might use it to alert the burglary.

B. Because it‘s convenient for us to talk to our friends while lying on bed.

C. Because it‘s convenient for us to report to the police in case there is a burglary.

D. Because it we might use it to make a phone call at midnight.

5. From the passage, we can infer that we might be victims if ___A______.

A. we cannot part with the money when being attacked

B. we always walk facing the traffic

C. we don‘t walk in the empty street

D. we carry too much cash

阅读理解15

An Extraordinary Change of Direction

Molly Wilson had been a dancer and a mother for many years when she decided to sail round the world to raise money for charity.

As a child she had trained as a ballet dancer, but at 15 she had grown too tall for classical ballet, so she became a member of a pop dance team.

She got married, and after she had children she retired from show business to bring them up. They grew up, and when they were 18 they left home.

She says, ―When I decided to do the

round-the-world race, my husband thought I was bored because the children had left home. He was also worried because I had never sailed before. I was not bored, but I had met some people who told me about the race. They had taken part in it, but they had only done one section, say, from New Zealand to Australia. I wanted to do the whole ten-month

journey.‖

Before Molly left she did a lot of training, but

it hadn‘t prepared her for the worst weather

which they experienced. She tells one story.

―One night the sea was very rough and it was

very cold. I had gone downstairs when a huge

wave smashed into the boat and injured two

men on the deck. One of the men couldn‘t

move because he had broken his leg. They

were taken to hospital by helicopter. That was

the worst time.‖

By the end of October last year, she had raised

more than £50,000 for charity.

She says, ―Sometimes I ask myself, what did I

do? How did I do it? But then I think, it‘s the

same as being a dancer. Before I left on the

trip, I had trained hard. I had got very fit and

had prepared myself completely. Then on the

trip I was simply a good team member.‖

1. What does the word ―extraordinary‖

mean in the title? B

A. very ordinary

B. very unusual and surprising

C. not special

D. extreme

2. The sentence ―…my husband thought I

was bored …‖ in Para. 4 meant that my

husband thought I felt__A__.

A. dissatisfied because I had nothing better to

do at home

B. annoyed because I had to wait long for my

children to come back home

C. happy because I could do something I was

interested in instead of taking care of children

D. sad because all the children left me when

they grew up

3. The word ―section‖ in Para. 4 most

probably means here __C_______.

A. group of people

B. part of the training

C. part of the route of sail

D. part of the job

4. Which of the following is nearest (closest)

in meaning to ―rough‖ in the sentence ―One

night the sea was very rough …‖in Para. 5?

C

A. not exact

B. difficult

C. not smooth because of huge waves

D. pleasant

5. The last paragraph suggests that

__A_______.

A. the qualities she needed for the trip were

the same as those for a dancer

B. many years of dancing had already

prepared her for the sail completely, so she

needn‘t do anything before the journey

C. she should be kind to other team members

during the trip

D. she should not forget dancing during the

trip

阅读理解16

There have been changes in all sorts of

different areas of British society. In recent

years in the UK we have had a very large

increase in the number of couples who get

divorced.

After 1969 and the Divorce Law Reform Act

we had a very rapid increase in the number of

divorces. The rate increased steadily and in

recent years has increased much more rapidly.

But there are also quite a lot of people who do

actually get married. At present the marriage

rate in the UK is about 70 per cent, which has

gone down since the number of people who

marry has gone down quite a lot in the last 20

years, but more significantly in the last 10

years. Quite high proportions of people now

live together without marrying, and, for

example, 40 per cent of children born in the

UK are born to couples who aren't married or

are born to lone parents. There are quite a

large number of lone parent families, 90 per

cent of these are headed by a woman rather

than a man.

The average family size now in the UK is 1.8

children per couple, which means that there's

been quite a decline in the birth rate in the UK

along with other European countries.

1. What does the passage mainly discuss?

C

A. The declining divorce rate in the UK.

B. The declining marriage rate in the UK.

C. The increasing divorce rate in the UK.

D. Trends in marriage and divorce in the UK.

2. During the last ten years, _____A_____.

A. the marriage rate has gone down more

rapidly in the UK

B. the marriage rate has gone up a lot in the

UK

C. 40% of children were born to unwed couples in the UK

D. 40% of children were born to single parents in the UK

3. According to the passage, the cohabitation rate in the UK tends to

____B______.

A. decline

B. soar (急剧上升)

C. stay stable

D. not mentioned in the passage

4. According to the passage, which of the following statements is NOT true? A

A. The highest divorce rate was around 1969.

B. The marriage rate has gone down in recent years.

C. The marriage rate is currently 70 percent.

D. 90 percent of lone parent families are headed by women.

5. The last paragraph tells us ____D______.

A. the birth rate in the UK is increasing at the moment

B. at present any family in the UK is 2 children at most

C. the birth rate in other European countries keeps increasing

D. the birth rate in the UK is decreasing rapidly now

阅读理解17

Some people think they have an answer to the troubles of automobile crowding and dirty air in large cities. Their answer is the bicycle, or ―bike‖.

In a great many cities, hundreds of people ride bicycles to work every day. In New York City, some bike riders have even formed a group called Bike for a Better City. They claim that if more people rode bicycles to work there would be fewer automobiles in the downtown section of the city and therefore less dirty air from car engines.

For several years this group has been trying to get the city government to help bike riders. For example, they want the city to draw bicycle lanes on some of the main streets, because when bike riders have to use the same lanes as cars, there are accidents. Bike for a Better City feels that if there were special lanes more people would use bikes. But no bicycle lanes have been drawn. Not

everyone thinks it is a good idea - they say it

will slow traffic. Some store owners on the

main streets say that if there is less traffic,

they will have less business. And most people

live too far from downtown to travel by bike.

The city government has not yet decided what

to do. It wants to keep everyone happy. Only

on weekends, Central Park is closed to cars,

and the roads may be used by bicycles only.

But Bike for a Better City says that this is not

enough and keeps fighting to get bicycle lanes

downtown.

1. According to the passage, bicycles

____B________.

A. are more convenient than cars

B. are safer traffic tools than cars

C. are ridden by most people in the U.S

D. are the solution to some city problems

2. The idea of special bicycle lanes is

most favored by ____C________.

A. the city government

B. some bike riders

C. people living far from downtown

D. some store owners

3. ―Bicycle lanes‖ in the third

paragraph probably means ____C________.

A. narrow passages between buildings

for bicycles

B. roads full of bicycles

C. special parts of the road for bicycle

riders only

D. roads for bicycles only

4. Which of the following is not true

according to the passage? D

A. Bike for a Better City members ride

bicycles to work.

B. Sometimes accidents may occur when

cars and bikes are on the same lanes.

C. The Central Park is closed to cars on

weekends.

D. In New York City, many people use

bikes as they have special lanes.

5. The best title for this passage is

____D________.

A. Traffic Crowding in New York City

B. Air Pollution in New York City by

Cars

C. Special Lanes for Passengers

D. Solution to Traffic Problem in New

York

阅读理解18

I was 15 when I walked into McCarley

Bookstore and began to look over the titles of

the books on the shelves. The man behind the

counter, the owner of the bookstore, asked me

if I would like a job. I needed to start saving

for college, so I said yes.

I worked after school and during summers for

minimum wages and the job helped pay for

my freshman year of college. I worked at

many other jobs afterwards: I made coffee in

the student union during college. I made maps

for the U.S Forest Service. But selling books

was one of the most satisfying.

One day a woman asked me for books on

cancer. She seemed fearful. I showed her

everything we had and found other books we

could order. She left the shop less worried and

I‘ve always remembered the pride I felt i n

having helped her.

Years later, as a television reporter, I heard

about a poor child who was born with his

fingers of the left hand linked together. His

family could not afford the corrective surgery,

and the boy lived in shame, hiding his left

hand in his pocket.

I persuaded my boss to let me do the story on

TV. After my story was broadcast, a doctor

and a nurse called, offering to perform the

surgery for free.

I visited the boy in the recovery room after the

operation. The first thing he did was hold up

his repaired hand and say, ―Thank you.‖ I was

overjoyed and filled with a strong sense of

reward.

At McCarley Bookstore, I always felt I was

working for the customers, not just for the

store. Today it‘s the same. NBC news pays me

the salary. But I feel that I work for the

viewers, helping them make sense of the

world. My working experience in McCarley

Bookstore helped me find a good sense of the

world, and most importantly, it helped me find

a good sense of myself.

1. How did the author get the job in

McCarley Bookstore? A

A. He happened to walk into the shop and

got it by chance.

B. He had always wanted to have a job in

that bookstore and he succeeded.

C. He liked reading books, so tried to get a job there.

D. He did not go to school, so he looked for a job when he was 15.

2. According to the author, selling books was one of the most satisfying job experiences, because ___B__.

A. he only had to work after school and got good wages

B. it helped him understand the world and himself

C. it helped him pay for his freshman year of college

D. he did not feel that he was working for the store

3. After he helped the fearful lady looking for books on cancer, the author was

__D__________.

A. worried about her

B. less worried about her

C. unable to forget her

D. proud of himself

4. The author decided to help the poor boy by ___B_________.

A. persuading his boss to do the story on TV

B. persuading his boss to let him do the story on TV

C. asking a doctor to perform the operation for free

D. visiting the boy in the recovery room after the operation

5. The main reason that the author thinks his present job is the same as the one in the bookstore is __C_.

A. it gives him salary

B. it makes him feel excited

C. it helps people make sense of the world

D. it enables him to work

阅读理解19

Paper was invented by the Chinese in the first century AD. Paper was not made in southern Europe until about the year 1100. Scandinavia - which now makes a great deal of the world‘s paper - did not begin to make it until 1500. Most paper is made from wood. Paper-making is an important British industry and paper from Britain is sold to many countries such as Australia and South Africa. Some of the wood used in the British paper making industry

comes from trees grown in Britain, but wood

is also bought from other countries such as

Norway. One tree is needed for every four

hundred copies of a forty-page newspaper. If

half the adults in Britain buy one daily paper,

this uses up over a thousand trees a day. All

over the world, trees are being cut down faster

than they are being planted, so there may be a

serious need for paper at the beginning of next

century.

When we think of paper, we think of

newspaper, books, letters and writing paper.

But there are many other uses. Only half of

paper is used for books and newspaper, etc.

Paper is very good for keeping you warm.

Each year, more and more things are made of

paper. Now we hear that chairs, tables, and

even beds can be made of paper. But the latest

in paper making seems to be paper houses.

1. Where was paper invented? A

A. In China.

B. In southern Europe.

C.

In Scandinavia. D. In Britain.

2. Scandinavia began to make paper

____C________.

A. in 1100

B. in 1400

C. in

1500 D. in the first century

3. Every four hundred copies of a

forty-page newspaper will need

___B_________.

A. half a tree

B. one tree

C. two

trees D. more than one tree

4. All over the world, trees are being cut

down __D__________ than they are being

planted.

A. more slowly

B. much faster

C.

much more slowly D. faster

5. The latest things made of paper are

_____D_______.

A. chairs

B. tables

C.

clothes D. houses

阅读理解20

We often use gestures to express our feelings,

but the problem is that the gestures can be

understood in different ways.

It is true that a smile means the same thing in

any language. So does laughter or crying .

Fear is another emotion that is shown in much

the same way all over the world. In Chinese

and in En glish literature, a phrase like ?he

went pale and began to tremble‘ suggests that

the man is either very afraid or he has just got

a very big shock. However, ?he opened his

eyes wide‘ is used to suggest anger in Chinese

whereas in English it means surprise. In

Chinese, surprise can be described in a phrase

like ?they stretched out their tongues!‘

―Stretching out your tongue‖ in English is an

insulting gesture or expresses strong dislike.

Even in the same culture, people differ in their

ability to understand and express feelings.

Experiments in America have shown that

women are usually better than men at

recognizing fear, anger, love and happiness on

people‘s faces. Other studies show that older

people usually find it easier to recognize or

understand body language than younger

people do.

1. Which of the following is true according

to the passage? D

A. We can easily understand what

people‘s gestures mean.

B. Words can be better understood by

older people.

C. Gestures can be understood by most

people but words are not.

D. It is difficult to tell what people‘

gestures really mean sometimes.

2. People’s facial expressions may be

misunderstood in different cultures because

_D___.

A. people of different sexes may

understand a gesture differently

B. people speaking different languages

have different facial expressions

C. people of different ages may have

different interpretations

D. people from different cultures have

different meanings about some facial

expressions

3. From the passage, we can conclude that

__A__.

A. gestures can be used to express feelings

B. gestures can be more effectively used

than words to express feelings

C. words are often more difficult to

understand than gestures

D. gestures are used as frequently as words

to express feelings

4. In the same culture, people _D___.

A. hardly ever fail to understand each other‘s ideas and feelings

B. are equally intelligent even if they have different backgrounds

C. almost all have the same understanding of the same thing

D. may have different abilities to understand and express feelings

5. The best title for this passage can be

__C__.

A. Gestures

B. Feelings

C. Gestures and Feelings

D. Culture and Understanding

阅读理解21

A funny thing happened on the way to the communication revolution: we stopped talking to each other.

I was walking in the park with a friend recently, and his mobile phone rang, interrupting our conversation. There we were, walking and talking on a beautiful sunny day and – poof! – I was cut off as if I had become absent from the conversation.

The park was filled with people talking on their cell phones. They were passing people without looking at them, saying hello, noticing their babies or stopping to pat their dogs. It seems that the limitless electronic voice is preferred to human contact.

The telephone used to connect you to the absent. Now it makes people feel absent. Recently I was in a car with three friends. The driver hushed the rest of us because he could not hear the person on the other end of his cell phone. There we were, four friends driving down the highway, unable to talk to each other because of the small thing designed to make communication easier.

Why is it that the more connected we get, the more disconnected I feel? Every advance in communications technology is a setback (退步) to the closeness of human interaction. With e-mail and instant message over the Internet, we can now communicate without seeing or talking to one another. With voice mail, you can make entire conversations without ever reaching anyone. If my mom has a question, I just leave the answer on her machine.

As almost every contact between human

beings gets automatic, the emotional distance

index goes up. Pumping gas at the station?

Why say good-morning to the assistant when

you can swipe you credit card at the pump and

save yourself the bother of human contact?

Making a deposit at the bank? Why talk to the

clerk who lives in the neighborhood when you

can put your card into the A TM?

More and more, I find myself hiding

behind e-mail to do a job meant for

conversation or being relieved that voice mail

picked up because I didn‘t really have time to

talk. The technology devoted to helping me

keep in touch is making me lonelier.

I own a mobile phone, an A TM card, a

voice-mail telephone, and an e-mail account.

Giving them up isn‘t a choice. They are great

for what they are intended to do. It‘s their

unintended results that make me upset. What

good is all this gee-whiz technology if there is

no one in the room to hear you crying out

―Gee whiz‖?

1. T he author’s experience of walking in a

park with a friend recently made him feel

____A__.

A. unhappy

B. funny

C. sunny

D. wonderful

2. According to the author, human contact

in a park means ___D__.

A. looking at each other and saying hello

when passing

B. noticing their babies and stopping to pat

their dogs

C. talking on the mobile phone and getting

connected with the other people

D. both A and B

3. According to the author, the more

connected we get in communications

technology, the __C__ we are.

A. more automatic

B. easier

C.

more disconnected D. closer

4. What are the examples the author gives

to explain his idea that every advance in

communications technology is a setback to

the closeness of human interaction?

D

A. With e-mail and instant message over the

Internet, we can now communicate without

seeing or talking to one another.

B. With voice mail, you can make entire

conversations without ever reaching anyone.

C. If his mom has a question, he just leaves

the answer on her machine.

D. All of the above.

5. What is the unintended result of

communication technology, according to

the author? B

A. It makes communication easier and

conversation possible everywhere.

B. It actually creates a distance between

people instead of bringing them together.

C. It makes every contact between human

beings automatic and makes people feel

connected.

D. It makes human contacts limitless with

electronic voices everywhere.

阅读理解22

Who will stage the games?

Preparing for the Olympics Games is a huge

undertaking. Just like the athletes, the host city

spends years getting ready for the event.

Before deciding which city will host the

Olympic Games, the International Olympic

Committee (IOC) has to examine bids from all

over the world. Bidding for the games begins

about ten years in advance. Without preparing

a very strong bid1, a city will not win the

competition to host the games. Beijing was

chosen for the 2008 games from five bidders

— Osaka, Paris, Toronto and Istanbul.2

Why does it take so long to prepare?

Building the infrastructure costs huge amounts

of money. Holding the World Cup in 2002 in

Japan and South Korea, for example, meant

that ten new stadiums had to be built, as well

as many hotels and an improved transport

system. In Beijing, after winning the bid the

government began major construction projects

— the extension of the underground, the

improvement of the airport and the building of

new motorways3. Each host city must also

build an Olympic village for the athletes. By

planting trees and creating parks, the city

becomes more attractive for tourists.

Why do countries want to host the Olympic

Games?

Hosting the games has a major effect on the

economy and brings international prestige to

the country. Thousands and thousands of

visitors come to the games and the host cities are permanently improved.

1. Bidding for the Olympic Games usually starts __D__ before the games are really held.

A. two years

B. eight

years C. one year D. ten years

2. Beijing was one of the __B_____ bidders for the 2008games.

A. four

B. five

C.

ten D. three

3. The World Cup 2002 was held in

___D____.

A. Japan

B. South Korea

C. China

D. A and B

4. What construction projects did Beijing start after winning the bid? D

A. The extension of the

underground. B. The improvement of the airport.

C. The building of new

motorways D. All of the above 5. Why do countries want to host the Olympic Games? D

A. Because it has a major effect on the economy.

B. Because it brings international prestige to the country.

C. Because the host cities are permanently improved.

D. All of the above.

阅读理解23

We walked in so quietly that the nurse at the desk didn‘t even lift her eyes from the book. Mum pointed at a big chair by the door and I knew she wanted me to sit down. While I watched, mouth open in surprise, Mum took off her hat and coat and gave them to me to hold. She walked quietly to the small room by the lift and took out a wet mop. She pushed the mop past the desk and as the nurse looked up, Mum nodded and said, ―Very dirty floors.‖―Yes. I‘m glad they‘ve finally decided to clean them,‖ the nurse answered. She looked at Mum strangely and said, ―But aren‘t you working late?‖

Mum just pushed harder, each swipe of the mop taking her farther and farther down the hall. I watched until she was out of sight and the nurse had turned back to writing in the

big book.

After a long time Mum came back. Her

eyes were shining. She quickly put the mop

back and took my hand. As we turned to go

out of the door, Mum nodded politely to the

nurse and said, ―Thank you.‖

Outside, Mum told me, ―Kate is fine. No

fever.‖

―You saw her, Mum?‖

―Of course. I told her about the hospital

rules, and she will not expect us until

tomorrow. Dad will stop worrying as well. It‘s

a fine hospital. But such floors! A mop is no

good. You need a brush.‖

1. When she took a mop from the small

room what Mum really wanted to do was

___C_________.

A. to clean the floor

B. to

please the nurse

C. to see a patient

D. to

surprise the story-teller

2. When the nurse talked to Mum she

thought Mum was a ___D_________.

A. nurse

B. visitor

C. patient

D.

cleaner

3. After reading the story what can we infer

about the hospital? B

A. It is a children‘s hospital.

B. It has strict rules about visiting hours.

C. The nurses and doctors there don‘t work

hard.

D. A lot of patients come to this hospital

every day.

4. Why did Mum go to see Kate in the

hospital? D

E. To give her some message about Dad.

F. To make sure her room was clean.

G. To check that she was still there.

H. To find out how she was.

5. Which of the following words best

describes Mum? D

A. Polite.

B. Patient.

C.

Changeable. D. Clever.

阅读理解24

Did you know there are some very special

dogs doing good work in our hospital wards?

These are PA T 2 (Pets As Therapy) dogs.

Doctors and nurses are recognising the

benefits of pets more and more — particularly

for children, people with mental illnesses and

elderly people who are separated from their

own pets or have had to give up their pets.

Stroking and playing with a pet is a calming

experience and something to look forward to.

One hospital reported that a man with a mental

illness, who hadn't spoken for years, first

stroked and played with a visiting dog and

then started talking to it.

Today, around 4,500 dogs and 50 cats and

their volunteer owners are at work in the UK

bringing comfort and pleasure to over 100,000

people in hospital.

There are many other ?working

dogs‘5.There are guard dogs, police dogs,

hunting dogs and dogs for the blind. Disabled

people benefit greatly. Take the case of Alan

Smythe6, who has to visit hospital every

month. Some things7 are difficult for him

because he is in a wheelchair. But his life has

altered dramatically since he got a dog, Tess,

from the charity 'Dogs for the Disabled'. ?She

helps me to get dressed, and she brings me my

socks and shoes. She fetches the newspaper

from the shop, and she passes me the phone

when it rings. I feel so much better too. It's

like having a really good friend. She comes

with me to hospital. Once, she saved my life. I

am a diabetic and one day my blood sugar

level dropped, and when I was going into a

coma she went next door and she alerted my

neighbour. He gave me an insulin injection.‘

1. Doctors and nurses think pets are

particularly helpful for ___D__.

A) children

B) people with mental illnesses

C)old people who can‘t live with their pets

or have to give up their pets

D) all of the above people

2. Today ____C______ people in hospital

get the help of dogs and cats and their

owners.

A) 4,500 B) 50 C)

100,000 D) 10,000

3. Alan got the dog from ____B_______.

A) the hospital B) the charity C) a

shop D) his friend

4. Which of the following that Tess CAN

NOT help Alan do? D

A) Get dressed B) bring socks and

shoes

C) pass the phone when it rings D) buy newspaper from the shop

5. When Alan was going to a coma, Tess went to his ___A____’s home for help.

A) neighbour B) doctor C)

friend D) daughter

阅读理解25

10th August, 2004

Dear Sirs,

Headquartered in Chicago, Illinois, PMC Company is a major producer of technically advanced machinery and chemicals for industry and agriculture.

With a history dating back to 1884, PMC has grown to become one of the 100 largest industrial companies in the United States, with 2000‘s sales in excess(超过)of $2 billion. All over the world, PMC has about 41,600 employees at 129 factories in 32 states, such as New York state, North Carolina, Pennsylvania, Virginia, etc. and 15 foreign countries.

We believe PMC to be one of the leaders of the packaging industry both in the U.S. and abroad. Through our own research, development and engineering efforts, we believe we are able to exchange views on and discuss the latest technical aspects of the industry.

PMC‘s packaging expertise (专长) is mainly in the following areas:

— Packaging and paper box making machinery

— Wrapping machines for varying uses Faithfully yours,

General Manager

PMC Co. Ltd.

1. The company wants to sell

___D_________.

A. industrial products

B. agricultural products

C. technical services

D. machinery and chemicals

2. Where is the Head Office of the company? C

A. In New York state.

B. In North Carolina.

C. In Chicago, Illinois.

D. In Pennsylvania. 3. When did the company’s annual sales

exceed $2 billion? B

A. In the year of 1884.

B. In the year of 2000.

C. In the year of 2004.

D. In the year of 2002.

4. The company thinks _____C_______.

A. it is one of the 15 largest companies in

the world

B. it develops its relationship with China

only for its own benefit

C. it plays a leading role in the world‘s

packaging industry

D. it should open some new companies

abroad

5. The letter is written to ______A______.

A. its customers in the States and abroad

B. its headquarters

C. its customers abroad

D. its employees in the 32 states and 15

foreign countries

正误判断1

Lily is 70 years old and she takes care of her

91-year-old mother. She told us about caring

for her mother.

I wake up early every day, it‘s usually about

6.30 am, and wait until I hear Tilly, my mum,

moving about. Then I make her a cup of tea.

At about half past seven she gets up and we

have breakfast together. We normally just have

toast, but on Sundays we always have bacon

and eggs. After breakfast she reads the

newspaper, then she sits by the window and

waves to the neighbours as they walk by.

She hardly ever goes out but she is very proud

of her personal appearance, so she goes to the

hairdresser once a month.

She doesn‘t like being left on her own for very

long, so I always arrange for a neighbour to

come and sit with her when I go out. Now and

again, my friend and neighbour, Joan, comes

to spend the day with her, and I can go and

have lunch with another friend, May, who

lives in town.

I have a brother, Syd. He comes to stay two or

three times a year. He is very good and keeps

in touch, but he lives 300 miles away. Once a

year, he collects mum and takes her to stay

with h im in London for a week. She doesn‘t

really like going because it‘s a long journey,

but I need the rest.

Sally, the nurse, comes to see mum regularly.

My next-door neighbour, Jack, often calls

in. In the evening we usually watch TV and

we sometimes play cards. Mum is fantastic for

her age. But I can never decide to go

anywhere spontaneously. I always have to

plan it, so I feel a bit trapped. But what is the

alternative? An old people‘s home? I couldn‘t

do that to my mother.

1. Lily wakes before her mother.

2. Joan sometimes spends the day with Lily‘s

mother.

3. Tilly is satisfied with her hairdresser.

4. Lily‘s brother comes to visit every three

weeks.

5. Lily and her mother play cards more than

they watch TV.

(Key: 1. T 2. T 3. NG 4. F 5. F)

正误判断2

My grandfather was a very interesting man.

He died when I was 11, but I remember he

used to tell me stories about his early life. He

told me one about how he used to race dogs.

They raced greyhound, a very fast type of dog.

My grandfather had a dog that was very fast

and usually won the races. The men used to

bet on the dogs and try to win money. One day

before a race, a friend of my grandfather‘s

suggested that they bet on a different dog and

make my grandfather‘s dog lose the race. My

grandfather had no job, so this seemed an easy

way to make money. On the day of the race,

my grandfather and his friend fed the dog lots

of cakes so it wouldn‘t want to run. Then they

took it for a long walk so it was tired. They bet

on another dog, but when the race was run, my

grandfather‘s dog won anyway, so they lost all

their money and didn‘t win anything!

1. The author‘s grandfather doesn‘t tell stories

now.

2. His dog always won when it raced.

3. The author‘s grandfather usually won lots

of money.

4. The author‘s grandfather and his friend fed

the dog cakes to make it strong.

5. The author‘s grandfather and his friend bet

on a dog which didn‘t win.

电大本科土木工程《建设监理》题及答案()汇编

中央广播电视大学2009-2010 学年度第一学期“开放本科”期末考试建设监理试题 一、单项选择题(每小题 2 分,共40分。每题的备选项中,只有一个最符合题意) 1 .建设项目管理的服务主体是( ) 。 A. 施工单位B .总承包单 位 C.项目业主 D .监理单位2.工程项目建设能够在公平、合理、合法的建设环境下进行,要求监理必须具有 ( ) 。 A服务性B .公正性C.独立性D .科学性 3. 项目的最终决策文件和设计依据是( ) 。 A项目可行性研究报告 B ?监理大纲C.建设合同D ?招标文件 4. 报考全国监理工程师执业资格考试的条件中规定,取得工程技术或工程经济专业中级职务的人员,任职期限必须满( ) 。 A. 1 年B . 2 年C. 3 年D . 5 年 5. 监理企业的监理人员应具有较高的学历,一般应为 ( ) 以上学历。 A. 中专B .大专 C .本科 D .研究生 6. 管理跨度和管理层次的关系是( ) 。 A管理跨度加大,管理层次就减少 B. 管理跨度加大,管理层次也加大 C. 管理跨度加大,管理层次没影响 D. 管理跨度减小,管理层次没影响 7.合同法律的主体是( ) 。 A .参加合同法律关系,依法享有权利和承担义务的当事人 B .具有民事权利能力和民事行为能力,依法独立享有民事权利和承担民事义务的组织 C.基于出生而 成为民事法律关系主体有生命的人 D.以自己的名义参与民事活动的经济实体 8 下列关于要约与承诺说法不正确的是( ) 。 A.撤回要约的通知应当在要约到达受要约人之前或者与要约同时到达受要约人 B 撤销要约的通知应当在受要约人发出承诺通知之前到达受要约人 C 承诺的内容可以与要约的内容不一致 D 承诺须由受要约人向要约人作出 9 评标委员会由招标人的代表和有关技术、经济等方面的专家组成,成员人数为5人以上单数,其中 招标人以外的专家不得少于总成员的( ) 。 A. 1/2 B 1/3C 2/3 D 3/4 10. 因为购买、翻译和制定标准、规范或制定施工工艺的费用,应由( ) 承担。 A 发包人 B 承包人 C 发包人和承包人 D 不能确定 11. 下列那种措施不是承包人承担违约责任的方式( ) 。 A 赔偿损失 B 支付违约金 C 顺延工期 D 继续履行 12. 工程项目质量控制按照实施者的不同分为业主方面的质量控制、政府方面的质量控 制、承建商方面的质量控制,其中业主方面质量控制的特点是( ) 。 A 外部的、横向的控制 B 内部的、横向的控制 G外部的、纵向的控制 D .内部的、自身的控制 13. 关于质量体系描述不准确的一项是( ) 。 A 质量体系包括组织机构、程序、过程和资源四个部分 B 资源是质量体系的人事保证

2014年7月中央电大法学本科《证据学》期末考试试题及答案

2014年7月中央电大法学本科《证据学》 期末考试试题及答案(开卷) 一、单项选择题 1.根据诉讼证据与当事人主张的事实的关系,可将诉讼证据分为( )。D.本证和反证 2.证据所具有的内在事实对案件事实的证明价值和证明作用,即可信性、可靠性、可采性被称为( )。B.证明力 3.甲、乙二人共同犯有盗窃罪,在审理的过程中,甲在供述了盗窃罪行后,又揭发了乙还曾独自实施过强奸犯罪。甲对乙强奸犯罪的揭发属于( )。D.证人证言 4.凡是未经查证属实的物证、书证、证人证言等各种证据形式,统统称为()。A.证据材料 5.公安机关在侦查王某盗窃罪时,收集到下列证据,其中属于直接证据的有()。 D.王某承认盗窃的供述 6.人民法院在审理民事案件过程中,直接确认已为人民法院发生法律效力的裁判所确定的事实,这被称之为( )。D.司法认知 7.证据审查、判断的方法中,执法人员按照法定程序组织和指挥了解该事实的两个或两个以上的人,就特定的案件事实或者证据事实进行互相询问、反驳和辩论的方法称为( )。C.对质8.两大法系关于民事诉讼证明标准的表述是相同的,都使用( )。D.盖然性的优势 9.人类历史上最早出现的证明制度是( )。A.神示证明制度 10.下列关于证人和证人证言的表述中正确的是()。C.被依法剥夺政治权利的人可以作为证人二、多项选择题 11.下列选项中,属于我国司法认知的范围的有()。 A.众所周知的事实 B.生效裁判确认的事实C.国家机关公报的事实 12.大陆法系国家对民事诉讼证明标准的立法表述是()。 B.高度的盖然性 C.盖然性的优势 13.下列关于书证的表述中,正确的有( )。A.书证的载体可以是纸张、金属、石块、竹木、布帛等 B.书证记载的方式可以是手书、印刷、打印、雕刻等 D.书证记载的内容是可供人们认知和了解的14.关于言词证据的表述,正确的有( )。A.可能是直接证据,也可能是间接证据 B.与实物证据相对应 C.是指以人的陈述为存在和表现形式的证据 15.根据各国立法和司法实践,直接言词原则应当 具有如下内容( )。 A.法庭审判应贯彻“在场原则” B.在法庭审理中,所有提供言词证据的证人、鉴定人、必须出庭作证 C.法官对证据的调查和采纳必须亲自进行 16.下列有关刑事诉讼证明责任的表述中,正确的 有( )。 A.在公诉案件中,检察机关承担证明责任 B.在自诉案件中,自诉人承担证明责任 C.公安机关也要承担一定的证明责任 17.下列关于证据规则的法律属性,正确的是()。 C.证据规则是程序法中一个相对独立的组成部分D.证据规则具有强制的效力 18.法院在一起案件的审理过程中,根据原告提供 的借条原件确认了原告与被告之间的借贷关系,从而作出了支持原告诉讼请求的判决。该借条属于()。A.直接证据C.原始证据 D.实物证据 19.某公安机关通过小区内的闭路监视系统破获一 盗窃团伙,收缴赃款10万元,缴获大量金戒指、金项链、空白光盘等赃物。下列选项中正确的是()。 A.现金、金项链、金戒指等属于物证 B.空白光盘属于物证 C.小区内监视系统拍摄的录像带属于视听资料 20.下列各项证据中,属于实物证据的有( )。 A.杀人凶器 B.诈骗犯罪所得的赃款 C.盗窃现场留下的撬压痕迹 D.将犯罪过程详细记录下来的录像带 21.王某对公安机关讲了他亲眼目睹被告人打伤被 害人的经过,王某向公安机关所作的陈述属于()。 A.直接证据C.原始证据 22.下列选项中,不能够单独作为认定案件事实依 据的有( )。 A.原告陈某向法院提交的其采用偷录方法录下的用以证明被告刘某欠其5000元人民币的录音带,该录音带部分关键词的录音听不清楚 B.被告人杨某的妻子胡某向法院作出的有利于被告人杨某的证言 C.王某因重病住院未能出庭,而以书面形式向法庭提供的证言 D.原告提出的字迹清晰的合同文书复印件,但是该合同文本的原件已经丢失,且被告不承认其与原告存在有该合同关系 23.下列人员中,可以成为证人的有( )。 A.与案件有利害关系的非当事人 1

电大法律文书机考选择题按字母排版修订稿

电大法律文书机考选择题按字母排版 集团标准化工作小组 [Q8QX9QT-X8QQB8Q8-NQ8QJ8-M8QMN]

B 不起诉决定书中对当事人的称谓应该是(C)。C.被不起诉人 辩护词属于(D)。D.诉讼文书 北京市西城区人民法院2002年第35号第一审刑事判决书的编号应为(C)。C.(2002)京西刑初字第35号 辩护词的结构层次,一般分为前言、辩护意见和(C)。C.结束语 笔录忠实地记载了诉讼和非诉讼活动的实际情况,在写作上第一位的要求是(B)。B.内容真实、完整 C 从涵盖的内容来看,法律文书由(B)等几部分构成。B司法文书、公证文书、仲裁文书、律师实务文书 从(D)起,判决书就确定了统一的格式和写作内容。 D.清代 撤销案件通知书的送达对象是(B)。 B.人民检察院 撤销仲裁裁决申请书的送达对象是(A)。 A.上一级仲裁委员会 处理确认发明专利权的第一审行政判决书的制作主体是(B)。B.中级人民法院 呈请拘留报告书的性质和特点表现为:是公安机关内部使用的文书、是签发拘留证的依据、需经县级以上公安机关负责人批准方能发生法律效力、属于刑事诉讼文书 呈请拘传报告书的首部不仅要写明被拘传人的基本情况,还要写明被拘传人的(D)。 D.主要简历 呈请拘留报告书的性质和特点表现为(B)。 B.是签发拘留证的依据 呈请立案报告书的正文部分应写明的内容是(C)。 C.立案的理由 呈请拘留报告书应当送达(B)。 B.县级以上公安机关负责人 D 当庭宣判的民事判决书尾部注明的判决日期为(C)。C.当庭宣判日期 第一审刑事判决书的首部除制作机关名称、文书名称以及编号之外,应依次写明的项目是(C)。C公诉机关、被告人、辩护人、案件的由来和审判经过 第一审刑事判决书中交待上诉权事项的规范写法是(D)。 D.如不服本判决,可在接到判决书的第2日起10日内,通过本院或者直接向хх人民法院提出上诉。书面上诉的,应当提交上诉状正本一份,副本х份 第一审民事判决书的编号由(A)组成。A年度、制作法院、案件性质、审理程序、顺序号 第一审民事调解书在(D)后发生法律效力。D.双方当事人签收

最新国家开放大学电大本科《法律文书》期末标准题库及答案(试卷号:1073)

最新国家开放大学电大本科《法律文书》期末标准题库及答案(试卷号:1073) 考试说明:本人汇总了历年来该科所有的试题及答案,形成了一个完整的标准考试题库,对考生的复习和考试起着非常重要的作用,会给您节省大量的时间。内容包含:单项选择题、简答题、写作主题、写作辅题。做考题时,利用本文档中的查找工具(Ctrl+F),把考题中的关键字输到查找工具的查找内容框内,就可迅速查找到该题答案。本文库还有其他网核、机考及教学考一体化试题答案,敬请查看。 一、单项选择题 1.依不同的制作方式为划分标准,法律文书可以划分为叙述式文书、填空式文书和( ) A.宣告式文书 B.表格式文书 C.信函式文书 D.致送式文书 2.不起诉决定书中,对当事人使用的规范称呼是( )。 A.犯罪嫌疑人 B.人犯 C.被不起诉人 D.被告人 3.公安机关对案件侦查终结后,认为犯罪事实清楚,证据确实、充分,应当依法追究犯罪嫌疑人刑 事责任,向同级人民检察院移送审查起诉时制作的法律文书是( )。 A.起诉书 B.公诉意见书 C.抗诉书D.起诉意见书 4.第二审刑事判决书中,公诉案件的被告人提出上诉的,第一项写为( )。 A.上诉人 B.原公诉机关 C.公诉机关 D.原审被告人 5.根据民事诉讼法的规定,民事调解书的尾部应当写明( )。 A.本调解书送达后,即具有法律效力 B.本调解书一经送达,即具有法律效力 C.本调解书经双方当事人签收后,即具有法律效力 D.本调解书与判决书具有同等法律效力 6.监狱依法对服刑改造期间的罪犯符合法定假释条件的,建议法院审核裁定假释时制作的法律文书 是( )。 A.监视居住决定书 B.提请减刑建议书 C.取保候审决定书 D.提请假释建议书 7.被告人委托的辩护人为维护被告人的合法权益,当庭发表的系统性法庭发言,称为( )。 A.代理词 B.辩护词 C.法律意见书 D.公诉意见书 8.公证书签署人员应写( )。

电大建设监理试题答案二

第四套 一、单项选择题(共 20 道试题,共 40 分。) 1. 建设工程监理是由()所进行的监督管理活动。 A. 施工单位 B. 政府部门 C. 项目业主 D. 监理单位 2. 在工程实施过程中,承担监理业务的一方是() A. 业主 B. 勘察单位 C. 承建商 D. 监理单位 3. 建设工程监理的实施需要()委托和授权。 A. 施工单位 B. 政府部门 C. 项目业主 D. 监理单位 4. 科学的建设工程管理体制,要求监理活动具有一定的() A. 服务性 B. 公正性 C. 独立性 D. 科学性 5. 全面考核项目建设成果,检验工程质量的步骤是()

A. 项目设计 B. 建设准备 C. 施工和动用前准备 D. 竣工验收 6. 甲级监理企业具有取得监理工程师注册证书的监理人员不得少于()人。 A. 5 B. 10 C. 15 D. 25 7. 甲级工程监理企业的监理业绩要求() A. 近三年内监理过5个以上二等房屋建筑工程项目或者3个以上二等专业工程项目 B. 近三年内监理过5个以上三等房屋建筑工程项目或者3个以上三等专业工程项目 C. 近三年内监理过2个以上房屋建筑工程项目或者1个以上专业工程项目 D. 近三年内监理过3个以上二等房屋建筑工程项目或者2个以上二等专业工程项目 8. 我国实行监理企业资质管理体制是() A. 分级管理,统分结合 B. 一级管理、统分结合 C. 集中管理,以统为主 D. 分级管理,以统为主 9. 在规定时间内没有参加资质年检的工程监理企业,其资质自行失效,且()年不得重 新申请资质。 A. 1 B. 2 C. 3 D. 4

电大证据学第四次作业答案

电大证据学第四次作业答案-标准化文件发布号:(9456-EUATWK-MWUB-WUNN-INNUL-DDQTY-KII

证据学第四次作业 1、在合同纠纷案件中,对合同是否履行发生争议的,承担证明责任的是()。C.负有履行义务的当事人 2、行政诉讼中的证明责任在承担的主体上与刑事诉讼和民事诉讼不同,是由()承担。B.被告 3、下列刑事案件中,被告人需承担一定证明责任的是()。C.巨额财产来源不明案 4、在合同纠纷案件中,对引起合同关系变动的事实承担证明责任的是 ()。 C.主张合同关系变更、解除、终止、撤销的一方当事人 5、如县检察院查获白某受贿的证据,以受贿罪对白某进行起诉,承担证明责任的是()。A.检察院 6、在劳动争议纠纷案件中,因用人单位作出开除、除名、辞退、解除劳动合同、减少劳动报酬、计算劳动者工作年限等决定而发生劳动争议的,负证明责任的是()。D.用人单位 7、证明责任制度最早产生于()。B.古罗马法时代 8、下列诉讼中,被告一般不承担证明责任的是()。A.刑事公诉 9、在刑事诉讼中,被告人某甲提出审判员王某是被害人的哥哥,应当回避。审判员王某应当回避的证明责任的承担者是( )。A.被告人某甲 10、在合同纠纷案件中,对合同订立和生效的事实承担证明责任的是()。C.主张合同关系成立并生效的一方当事人 11、关于我国诉讼中的证明标准,下列陈述正确的是()。D.三大诉讼具有统一的证明标准 12、两大法系民事诉讼的证明标准都是()。D.盖然性的优势 13、关于刑事诉讼的证明标准,英美法系的表述是()。A.排除合理怀疑 14、《最高人民法院关于民事诉讼证据的若干规定》第73条第1款规定,“双方当事人对同一事实分别举出相反的证据,但都没有足够的依据否定对方证据的,人民法院应当结合案件情况,判断一方提供证据的证明力是否明显大于另一方提供证据的证明力,并对证明力较大的证据予以确认”。这表明,我国民事诉讼的证明标准是()。C.盖然性的优势 15、我国行政诉讼法同民事诉讼法一样,对证明标准的规定也是采取了 ()。B.间接的方式 16、最早确定内心确信证明标准的国家是()。D.法国 17、( )主要是指甄别法,是审查鉴别的意思。A.个别审查 18、组织辨认可以公开辨认,也可以秘密辨认。下列各项中,应公开进行辨认的是()。C.尸体 19、司法人员认定的案件事实符合情理,具有成立的一般可能性的证明标准称为()。B.合理可能性标准 20、进行(),必须经县以上公安局长批准。B.侦查实验 21、证据审查、判断的方法中,为了审查判断某一现象在一定的时间内或情况下能否发生,而将该现象发生的过程加以重演或再现的一种活动和方法是()。B.侦查实验 22、司法认知的主体是()。A.人民法院

电大《法律文书》作业及期末复习资料

01任务 1. 起诉书写作 请根据下列材料制作一份起诉书: 犯罪嫌疑人刘XX,男,XX省XX县人,26岁,19XX年X月X日生,汉族。刘XX初中毕业后务农三年,后来经人介绍于1997年4月到XX市XX公司当了一名勤杂工,住在该公司宿舍平房3排13号。 刘XX在XX公司工作期间马马虎虎,责任心不强,自由散漫,经常违反纪律,不遵守规章制度,多次受到公司经理许XX等领导的批评教育。1998年8月,刘XX因打骂一起工作的勤杂工牟XX,受到了行政警告处分;1999年9月又因偷拿公司职工香烟八包、衬衫一件和250元等财物,受到记过处分。 经审查,XX市人民检察院认为本案事实清楚,证据确凿,刘XX的行为已构成故意杀人罪,于20XX年6月X日向XX市中级人民法院提起公诉。刘XX委托律师王XX为其辩护。 犯罪嫌疑人刘XX现押于XX看守所。本案有现场勘查笔录、法医鉴定结论、朱XX侯XX 的证词以及作案工具等为证,刘XX亦供认不讳。 XX市人民检察院 起诉书 检刑诉字[2005] XX号 被告人刘XX,男,19XX年X月X日,身份证号码:XXXXXXXXXXXXXX,汉族,初中文化,XX省XX县人,XX市XX公司职工,家住XXXXX,暂住XX 市XX公司平房3排13号。1998年8月,因打骂一起工作的勤杂工牟XX,受到行政警告处分;1999年9月,因偷拿公司职工香烟8包、衬衫一件和250元等财物,受到记过处分。20XX年5月10日因涉嫌故意杀人罪被XX市公安局刑事拘留,同月15日被依法逮捕,现羁押于XX市看守所。

被害人许XX,XX市XX公司经理。 本案由XX市公安局侦查终结,以被告人刘XX涉嫌故意杀人罪,于20XX年5月20日向本院移送审查起诉。本院受理后,于同日已告知被告人有权委托辩护人,依法讯问了被告人,审查了全部案件材料。现查明: 20XX年2月,被告人刘XX因为在XX公司工作期间有偷摸的行为而未能发到1997年度的奖金,遂对XX公司经理许XX怀恨在心,蓄谋报复杀人。20XX年5月10日,被告人刘XX上班后,到公司木工房找朱XX谎称要修理桌椅借来羊角锤一把、木工凿一把,藏于宿舍床下。中午12时许,被告人刘XX到办公楼一层值班室,伺机杀人。下午1时30分许,被告人刘XX趁许XX在3楼333房间午休之际,借故支开同在333房间休息的经理秘书侯XX,并将房门反锁,取出随身携带的羊角锤、木工凿,用羊角锤猛击许XX头部二、三十下,后又对许XX的面部、颈部、胸部使劲用羊角锤敲打木工凿十余下,造成许XX颅骨粉碎性骨折、脑组织外溢,面部、颈部、胸部伤口流血不止,当即死亡。 案发后当日,被告人刘XX在逃逸时被公安机关抓获。 认定上述事实的证据有:1、作案工具羊角锤、木工凿; 2、证人朱XX、侯XX等人的证言;3、被告人刘XX的供述;4、现场勘查笔录; 5、法医鉴定结论等。 本院认为,被告人刘XX报复杀人,致人死亡,其行为已触犯了《中华人民共和国刑法》第二百三十二条之规定,犯罪事实清楚,证据确实充分,应当以故意杀人罪追究其刑事责任。根据《中华人民共和国刑事诉讼法》第一百四十一条的规定,提起公诉,请依法判处。 此致 XX市中级人民法院

国家开发大学电大本科《法律文书》科目重点打印版精华版

最新度最新广播电视大学(电大)期末考试 本科《法律文书》科目期末考试重点考点精华版 一、名词解释 1、法律文书,是指我国司法机关(含公安机关、国家安全机关、海关缉私机关、检察院、法院及监狱等机关,下同)、公证机构、仲裁组织依法制作的处理诉讼案件和非诉讼案件的法律文书,以及案件当事人、律师和律师组织自用或代书的法律文书的总称。 2、刑事案件立案报告书,是指公安机关侦查人员对受理刑事案件的材料经过审查,认为符合立案条件,并属于公安机关管辖的案件,报请领导审查批准是否立案的法律文书。 3、呈请拘留报告书,是指公安机关依法拘留现行犯或者重大嫌疑分子,由案件承办单位拟写出呈报县级以上公安机关负责人审批的报告类文书。 4、提请批准逮捕书,是公安机关对符合《刑事诉讼法》第六十条第一款规定的逮捕条件的犯罪嫌疑人,提请同级人民检察院批准逮捕时制作的一种法律文书。 5、通缉令,指公安机关依法通缉罪该逮捕而在逃的或者被拘留、逮捕后脱逃的犯罪嫌疑人以及从监狱中逃跑的罪犯而制作的法律文书。 6、起诉意见书,是指公安机关对案件侦查终结后,认为犯罪事实清楚,证据确实、充分,应当依法追究犯罪嫌疑人刑事责任,向同级人民检察院移送审查起诉时制作的一种文书。 7、立案决定书,是人民检察院认为有犯罪事实需要追究刑事责任,依法应由本院决定立案侦查时所制作的文书。 8、批准逮捕决定书,是人民检察院对公安机关提请批准逮捕犯罪嫌疑人的案件进行审查后,依法批准逮捕犯罪嫌疑人时制作的文书。 9、不批准逮捕决定书,就是检察机关对于公安机关提请批准逮捕犯罪嫌疑人的案件经过审查,认为不符合法律规定的逮捕条件,决定不批准逮捕时所制作的文书。 10、起诉书,是人民检察院经侦查或审查确认被告人的行为构成犯罪,依法应当交付审判,而向人民法院提起公诉的文书。 11、不起诉决定书,是人民检察院对侦查机关移送起诉的案件依法作出不起诉决定时所制作的文书。 12、公诉意见书,是出席第一审法庭的公诉人,代表人民检察院,在法庭调查结束后,依法首先发表的支持公诉的书面意见。 13、要求复议意见书,是公安机关认为同级人民检察院不批准逮捕决定或者不起诉决定有错误,依法要求同级人民检察院对其决定重新复议时制作的法律文书。 14、刑事抗诉书,是人民检察院对人民法院确有错误的刑事判决或裁定依法提出抗诉时所制作的文书。 15、民事(行政)抗诉书,是人民检察院依照我国民事诉讼法和行政诉讼法关于法律监督的规定,对确有错误并已生效的民事(行政)案件的判决、裁定,向有关人民法院提出抗诉,要求重审予以纠正时所制作的文书。 16、第一审刑事判决书,是人民法院对于人民检察院提起公诉或者自诉人提起自诉的刑事案件,按照我国刑事诉讼法规定的第一审普通程序或者简易程序审理终结后,根据已经查明的事实、证据和有关法律规定,确认被告人有罪或无罪,构成何种罪名,适用何种刑罚或免除处罚而作出的书面决定。 17、第二审刑事判决书,是第二审人民法院在受理当事人不服第一审判决提出上诉或者公诉机关就第一审判决提出抗诉的刑事案件后,经审理查明原判决在适用法律上有错误或者量刑不当;或者原判事实不清、证据不足,经二审查清事实后依法改判时作出的书面决定。 18、第二审刑事裁定书,是指第二审人民法院在第二审程序中,为解决有关程序问题和部分实体问题而作出的书面决定。 19、第一审民事判决书,是人民法院按照第一审普通程序的规定,依法组成合议庭对一审民事案件进行审理后,就已经查明的案件事实和证据,依照有关实体法的规定,对当事人之间的实体权利义务争议作出的书面处理决定。 20、民事调解书,是人民法院在审理民事案件过程中,依法进行调解,根据当事人自愿达成的解决纠纷的协议而制作的具有法律效力的司法文书。 21、民事裁定书,是指人民法院按照《民事诉讼法》的规定,依法行使审判权,就解决诉讼程序方面的问题依法作出的书面处理决定。 22、第二审民事判决书,是指中级以上人民法院对当事人不服第一审人民法院民事判决提起上诉的民事案件,依照我国《民事诉讼法》规定的第二审程序,经审理终结后,依法作出维持或者改变第一审民事判决的书面决定。 23、第一审行政判决书,是第一审人民法院依照我国行政诉讼法规定的程序,对第一审行政诉讼案件审理终结后,依照法律、法规,参照有关行政规章,就案件的实体问题作出的书面处理决定。 24、监狱法律文书,是指我国监狱(含未成年犯管教所)在对判处死刑缓期二年执行、无期徒刑、有期徒刑的罪犯执行刑罚和教育改造过程中,根据国家法律和监管规定,依照法定程序,制作的具有法律效力或法律意义的文书总称。 25、罪犯入监登记表,是指监狱记载新入监罪犯基本情况的表格类文书。 26、提请减刑建议书,是监狱依法在对服刑改造期间确有悔改或立功表现且已执行符合法定要求的刑期的罪犯,提请法院审核裁定减刑时而制作的一种文书。 27、提请假释建议书,是监狱依法对服刑改造期间的罪犯符合法定假释条件的,建议法院审核裁定假释时制作的一种文书。 28、监狱起诉意见书,是指监狱对罪犯在服刑期间又犯罪,或者发现了判决时所没有发现的罪行,认为需要追究刑事责任,提出起诉意见,移送人民检察院审查决定时制作的一种文书。 29、对罪犯刑事判决提请处理意见书,是监狱在刑罚执行中,如果认为判决有错误,或者根据罪犯申诉,认为判决可能有错误的,依照法定程序,提请人民检察院或者人民法院处理时制作的一种文书。 30、律师实务文书,是指律师在开展业务活动过程中,根据事实和法律规定,制作和使用的具有法律意义的各种法律文书的总称。 31、民事、行政起诉状,是指公民、法人或其他组织,认为自己的民事权益受到侵害或者与他人发生民事争议时,为维护自己的合法权益,依据事实和法律,按照法定程序,向人民法院提起民事、行政诉讼时制作并使用的法律文书。

中央电大法学本科《证据学》期末考试选择题题库(开卷)

中央电大法学本科《证据学》期末考试 选择题题库(开卷) (2015年2月整理,已更新至14年7月试题) 单项选择题库 1.根据诉讼证据与当事人主张的事实的关系,可将诉讼证据分为( )。D.本证和反证 2.证据所具有的内在事实对案件事实的证明价值和证明作用,即可信性、可靠性、可采性被称为( )。B.证明力 3.甲、乙二人共同犯有盗窃罪,在审理的过程中,甲在供述了盗窃罪行后,又揭发了乙还曾独自实施过强奸犯罪。甲对乙强奸犯罪的揭发属于( )。D.证人证言 4.凡是未经查证属实的物证、书证、证人证言等各种证据形式,统统称为()。A.证据材料 5.公安机关在侦查王某盗窃罪时,收集到下列证据,其中属于直接证据的有()。 D.王某承认盗窃的供述 6.人民法院在审理民事案件过程中,直接确认已为人民法院发生法律效力的裁判所确定的事实,这被称之为( )。D.司法认知 7.证据审查、判断的方法中,执法人员按照法定程序组织和指挥了解该事实的两个或两个以上的人,就特定的案件事实或者证据事实进行互相询问、反驳和辩论的方法称为( )。C.对质8.两大法系关于民事诉讼证明标准的表述是相同的,都使用( )。D.盖然性的优势 9.人类历史上最早出现的证明制度是( )。A.神示证明制度 10.下列关于证人和证人证言的表述中正确的是()。C.被依法剥夺政治权利的人可以作为证人1.证据的取舍及其证明力,由法官或陪审团根据自己的理性和良心自由判断,这称为( )。 C.自由心证证据制度 2.《最高人民法院关于民事诉讼证据的若干规定》第六十三条中明确规定,“人民法院应当以证据能够证明的案件事实为依据依法作出裁判。”这一规定体现了()。B.证据裁判原则 3.人民法院在审理案件过程中,直接确认已为人民法院发生法律效力的裁判所确定的事实,这在证据学理论中被称之为( )。D.司法认知 4.甲在自家一楼阳台上装修,楼上二楼住户乙家阳台上的花盆突然坠下,将甲砸成重伤,花去医药费近万元。后甲将乙告上法庭,要求其承担赔偿责任。乙辩称花盆坠落是由于甲野蛮装修振动所致,自己对此没有责任。甲否认花盆坠落是由于其装修 振动所致。对“花盆坠落是由于甲野蛮装修振动所致”这一事实承担证明责任的是()。B.乙 5.英美法系国家对刑事诉讼证明标准的立法表述是()。D.排除合理怀疑 6.证人证言、被害人陈述、当事人陈述的共同之处在于()。D.都是言词证据 7.甲乙二人商谈归还欠款时,甲偷录了乙承认欠甲一万元钱的谈话。该录音带在甲乙二人的借款诉讼中()。A.可以作为证据使用 8.下列关于证人和证人证言的表述中,正确的是()。C.被依法剥夺政治权利的人可以作为证人9.水审、火审主要存在于( )。D.神示证据制度10.行政诉讼中的证明责任的承担者主要是()。 B.被告 1.下列书证中,法院一般应当确认其效力,而不必进一步审查、质证的是()。 D.经公证机关公证的书证 2.反证是指( )。 D.能够证明对方当事人主张的事实不存在的证据3.下列各项中,既属于直接证据又属于原始证据的有()。A.被告人认罪的供述 4.“对一切案件的判处都要重证据,重调查研究,不轻信口供。只有被告人供述,没有其他证据的,不能认定被告人有罪和处以刑罚;没有被告人供述,证据充分确实的,可以认定被告人有罪和处以刑罚。”这一规定体现了()。B.证据裁判原则 5.对合同是否履行发生争议的,承担举证责任的是()。A.负有履行义务的当事人 6.在审查判断证据的各种方法中,辨认法是指()。 D.在某一事物不能确定的情况下,组织曾与该事物接触过的有关人员加以指认与确定的活动7.下列关于证明对象的说法中,正确的是()。 C.刑事诉讼中排除行为违法性的事实属于证明对象 8.在一行政诉讼案中,被告方某行政机关委托刘律师担任诉讼代理人。刘律师为使案件胜诉,诉讼期间向原告和证人收集了充分的证据材料。下列关于刘律师做法的选项中正确的是()。 D.刘律师经原告和证人同意可以向该原告或者证人收集证据 9.被告人张某被指控犯有杀人罪。被告人张某要求在开庭时传唤其妻子出庭作证,证明案件发生时他在家里睡觉。下列表述中正确的是()。 B.张某的妻子可以充当证人 10.承担证明责任的人提供证据对案件事实加以证 明所要达到的程度称为()。D.证明标准 1

电大法律文书试题及标准答案

电大法律文书试题及答案 一、单项选择题(每小题有1个正确答案,请将其序号字母填入题目空格内) 1.人民检察院对公安机关提请批准逮捕犯罪嫌疑人的案件进行审查后,应当作出的决定中不包括(C )的决定。A B C D.不批准逮捕并要求补充侦查 2.起诉意见书的首部与正文之间的成文化用语是(C )。A.经我局侦查预审证实,犯罪嫌疑人ххх有下列犯罪事实B.经我局侦查预审,证实犯罪嫌疑人ххх有下列犯罪事实 C.经我局侦查终结,证实犯罪嫌疑人ххх有下列犯罪事实 D.经我局侦查终结证实,犯罪嫌疑人ххх的犯罪事实如下 3.撤销案件通知书的送达对象是( B)。A B C.刑事案件被 D.犯罪嫌疑人 4.立案决定书是人民检察院在办理( C)时制作的文书。 A公安机关提请批准逮捕犯罪嫌疑人的案件 B公安机关移送审查起诉的案件 C直接受理侦查的案件 D直接受理侦查的案件移交起诉5.批准逮捕决定书属于( C)文书。A B C D.笔录式 6.人民检察院建议公安机关追加提请批捕犯罪嫌疑人,公安机关不提请批捕,人民检察院决定逮捕犯罪嫌疑人时应当制作( C)。A B.应当逮捕犯罪嫌疑人意见书C.逮捕决定书 D.决定逮捕通知书 7.起诉书编号的内容依序是(C )。 A.年度、院名、文书性质、顺序号B.年度、院名、部门、文书性质、顺序号 C.院名、部门、文书性质、年度、顺序号 D.院名、文书性质、年度、顺序号 8.不起诉决定书中对当事人的称谓应该是( C)。 A.被告 B C.被 D.不起诉人 9.人民检察院针对未生效的刑事裁判提出的抗诉书应当送达(B )。 A.同级人民法院 B.上一级人民法院 C.下一级人民法院 D.同级和上一级人民法院 10.民事(行政)抗诉书的提出是为了纠正( D)中的错误。 A.未生效的民事(行政)判决B.未生效的民事(行政)判决裁定C.已生效的民事(行政)判决D.已生效的民事(行政)判决裁定11.人民检察院针对已生效裁判提出的抗诉书应当由( D)提出。A B.上 C D.最高人民检察院和上级人民检察院 12.北京市西城区人民法院2002年第35号第一审刑事判决书的编号应为(C )。A.京西刑初字(2002)第35B.西刑初字(2002)第35号C.(2002)京西刑初字第35号 D.(2002)西刑初字第35号 13.第一审刑事判决书的首部除制作机关名称、文书名称以及编号之外,应依次写明的项目是( C)。 A.公诉机关、被告人、辩护人B.公诉机关、被告人、辩护人、案件审判经过 C.公诉机关、被告人、辩护人、案件的由来和审判经过D.被告人、辩护人、案件的由来和审判经过 14.第一审刑事判决书中交待上诉权事项的规范写法是(D )。 A.如不服本判决,可在接到判决书的第2天起10日内,向本院或者向хх人民法院提出上诉。书面上诉的,应当提交上诉状х份 B.如不服本判决,可在接到判决书的第2日起10日内,向本院或者向хх人民法院提出上诉。书面上诉的,应当提交上诉状正本一份,副本х份 C.如不服本判决,可在接到判决书的第2日起10日内,通过本院向хх人民法院提出上诉。书面上诉的,应当提交上诉状正本一份,副本х份 D.如不服本判决,可在接到判决书的第2日起10日内,通过本院或者直接向хх人民法院提出上诉。书面上诉的,应当提交上诉状正本一份,副本х份 15.第二审刑事判决书作出部分改判结果时,其判决主文应当依次写明( C )。 A.撤销的内容、改判的内容、维持的内容 B.撤销的内容、维持的内容、改判的内容 C.维持的内容、撤销的内容、改判的内容 D.维持的内容、改判的内容、撤销的内容

电大《建设监理》期末考试及答案

建设监理小抄精选 一、单选题(每小题备选项中,只有一个最符合题意) 知识点1 建设工程监理基本概念1.建设工程监理是由(D )开展的一种监督管理活动。 2.工程项目监理能够在公平、合理、合法的建设环境下进行,要求监理必须具有( B ) 3.根据“项目业主责任制”的原则,在项目建设过程中,处于主要负责者地位的是(C ) 知识点2我国实施建设工程监理的基本条件和工程项目建设管理体制1.实施建设工程监理的三个基本条件是( A )2.项目的最终决策文件和设计依据是( A ) 3.人员培训、物质准备等方面工作属于下列哪个阶段的工作( C ) 知识点3 工程监理企业 1.甲级监理企业的负责人和技术负责人应当具有( C )年的从事工程建设工作的经历。 2.监理企业的监理人员应具有较高的学历,一般应为( B )以上学历。3.监理人员和监理辅助人员的工资、补助、津贴、附加工资、奖金等属于建设工程监理费的( A ) 知识点4 工程监理工程师 1.监理工程师与监理员的主要不同点在于( B ) 2.报考全国监理工程师执业资格考试的条件中规定,取得工程技术或工程经济专业中级职务的人员,任职期限必须满( C )3.下列行为与监理工程师的职业道德相违背的是( D ) 知识点5 建设工程监理规划概述1.指导工程监理企业的项目监理机构全面开展监理工作的文件是( A )2.业主委托监理过程中工程监理企业为承揽监理业务而编制的建设工程监理的方案性文件是( C ) 3.监理规划是工程监理企业接受业主委托并签订建设工程委托建立合同后,由( B )主持编写的。 知识点6 建设工程监理规划概述1.项目监理实施细则是根据监理规划,由( C )主持,针对工程项目中某一专业或某一方面监理工作编写的。2.制定可行行研究报告评审制度、工程框算审核制度、技术咨询制度的监理工作阶段是( A ) 3.建设工程监理的中心任务是( D ) 知识点7 建设工程监理规划概述1.从最高管理者到实际工作人员的等级层次的数量是指( A ) 2.一名上级管理人员所直接管理的下级人数是指( B ) 3.管理跨度和管理层次的关系是 ( A ) 知识点8 建立建设工程项目监理组 织的步骤 1.直线制监理组织形式的特点,从命 令源来讲( A )2.直线制监理组 织形式的缺点是( A )3.职能制监 理组织形式的缺点是( B ) 知识点9 监理人员的职责 1.项目监理机构操作层的代表人物是 ( D ) 2.总监理工程师需要同时担任多项委 托监理合同的项目总监理工程师工作 时,必须经过( C )的同意,且最 多不得超过三项。3.总监理工程师代 表应具有( B )年以上同类工程监理 工作经验的人员担任。 知识点10 建设工程监理目标控制 1.目标控制的循环中,每个控制过程 的顺序是( A ) 2.建设工程目标控制循环中的最后也 是具有决定意义的工作是( D ) 3.事先分析目标偏离的可能性,采取 预防性措施的控制是( B ) 知识点11 建设工程监理目标控制 1.落实投资控制.质量控制.进度控 制的部门和人员,确定控制部门和人 员的任务.工作和管理职能分工,制 定目标控制的工作流程等工作属于目 标控制综合措施中( A )的范畴。 2.对主要技术方案作多种可能方案的 技术可行性分析,对各种技术数据进 行审核.比较,通过科学试验确定新 材料.新工艺.新方法等工作属于目 标控制综合措施中( B )的范畴。 3.收集、加工、整理工程经济信息和 数据,对各种实现目标的计划进行资 源.经济.财务诸方面的可行性分析 等工作属于目标控制综合措施中 ( C )的范畴。 知识点12 合同法律关系的概念 1.参加合同法律关系,依法享有权利 和承担义务的当事人是合同关系的 ( B ) 2.基于出生而成为民事法律关系主体 的有生命的人是指( A ) 3.下列各项不属于合同法律关系客体 的是( D ) 知识点13 担保制度 1.保证是指( B )约定,当债务 人不履行债务时,保证人按照约定履 行债务或承担责任的行为 2.《担保法》规定,下列财产可以作 为抵押的是( A ) 3.《担保法》规定,下列财产不可以 作为抵押的是( C ) 知识点14 合同法律制度 1.关于合同的形式说法有误的一项是 ( D ) 2.希望和他人订立合同的意思表示是 指( A ) 3.下列关于要约与承诺说法正确的是 ( A ) 知识点15 合同的效力和合同的履行 1.下列订立合同有效的是(A ) 2.关于合同履行说法有误的一项是 ( C ) 3.《合同法》中规定的合同履行抗辩 权,是指合同履行过程中当事人任何 一方因对方的违约而( D)的行 为。知识点16 合同的变更和转让 1.合同依法成立后,在尚未履行或尚 未完全履行时,当事人依法经过协商, 对合同内容进行修订或调整所达成的 协议是指( A )2.债务转移是指 合同债务人与第三人之间达成协议, 并经( C )同意,将其义务全部 或部分转移给第三人的法律行为。 3.债权人转让权利的,应当通知 (C ) 知识点17 合同权利和义务的终止与 违约责任 1.关于合同终止说法有误的一项是 ( D ) 2.关于当事人解除合同说法有误的一 项是( A ) 3.当事人承担违约责任的方式不包括 ( D ) A.继续履行合同B.采取补救措 施C.赔偿损失D.终止合同 知识点18招标投标法律制度 1.《招标投标法》规定,招标人对已 发出的招标文件进行必要的澄清或必 要修改时,应在投标截止日期至少 ( B )天以前以书面形式发送给所 有投标人。 2.下列各项关于招标人招标能力要求 说法有误的是( B ) 3.招标准备阶段四项主要工作的依次 顺序是( A ) 知识点19 建设工程招标投标管理 17.评标委员会由招标人的代表和有 关技术、经济等方面的专家,成员人 数为5人以上单数,其中招标人以外 的专家不得少于总成员的(C ) 18.下列与监理招标三个特点不符的 一项是( D ) 3.在施工合同履行中,发包人按合同 约定购买了玻璃,现场交货前未通知 承包人派代表共同进行现场交货清 点,单方检验接收后直接交承包人的 仓库保管员保管,施工使用时发现部 分玻璃损坏,则应由(B )。 知识点20 施工合同的监督管理与索 赔 1.下列那种措施不是发包人承担违约 责任的方式( C )2.下列那种措施

2015年7月电大《证据学》期末真题

试卷代号:1017 国家开放大学(中央广播电视大学)2015年春季学期“开放本科”期末考试 证据学试题(开卷) 2015年7月 一、单项选择题(每题1分,共10分,每题只有一项答案正确,请将正确答案的序号填在括号内) 1.下列书证中,法院一般应当确认其效力,而不必进一步审查、质证的是()。 A.某县民政局提供的书证 B.当事人提供的书证 C.公务员贾某提供的证言 D.经公证机关公证的书证 2.反证是指()。 A.能够证明当事人自己主张的事实存在的证据 B.能够证明案件主要事实的证据 C.直接产生于案件事实发生过程中的证据 D.能够证明对方当事入主张的事实不存在的证据 3.下列各项中,既属于直接证据又属于原始证据的有()。 A.被告人认罪的供述 B.证人听到被害人喊救命的证言 C.赃物 D.鉴定结论的复印件 4.“对一切案件的判处都要重证据,重调查研究,不轻信口供。只有被告人供述,没有其他证据的,不能认定被告人有罪和处以刑罚;

没有被告人供述,证据充分确实的,可以认定被告人有罪和处以刑罚。”这一规定体现了()。 A.直接言词原则B.证据裁判原则 C.自由心证原则D.非法证据排除原则 5.对合同是否履行发生争议的,承担举证责任的是()。 A.负有履行义务的当事人B.证人 C.没有履行义务的当事人D.原告 6.在审查判断证据的各种方法中,辨认法是指()。 A.对证据逐一进行个别审查的方法 B.对两个以上的证据进行比较,寻找其差异和共同点的方法 C.将若干个证据所反映的事实联系起来考察,确定它们之间是否协调一致的方法 D.在某一事物不能确定的情况下,组织曾与该事物接触过的有关人员加以指认与确定的活动 7.下列关于证明对象的说法中,正确的是()。 A.程序法事实不属于证明对象 B.证据事实属于证明对象 C.刑事诉讼中排除行为违法性的事实属于证明对象 D.证明对象与实体法规范无关 8.在一行政诉讼案中,被告方某行政机关委托刘律师担任诉讼代理人。刘律师为使案件胜诉,诉讼期间向原告和证人收集了充分的证据材料。下列关于刘律师做法的选项中正确的是()。 A.刘律师不得自行向原告和证人收集证据 B.刘律师可以自行向原告和证人收集证据 C.刘律师经被告授权后可以向原告和证人收集证据 D.刘律师经原告和证人同意可以向该原告或者证人收集证据

2019年最新法律文书复习资料小抄版

复习题:法律文书(根据市电大平时作业选编) 一、选择题 1根据表达方式和表现形式的不同,法律文书的种类可分为(D)。D.文字叙述式文书、填空式文书、笔录式文书、表格式文书 2法律文书的程式性主要表现在(BC)B结构固定化 C用语成文化 3法律文书在论述理由时的基本要求是(ABCD)。A.认定事实,以实为证; B.分析事理,以法为据; C.引证法律,明确具体; D.前后照应,统领全文。 4通缉令属于侦查文书中的( A )文书。A.立案、破案类 5起诉书的功能有(ABCD)A是确空侦查活动终结、侦查活动合法的的凭证;B表明犯罪事实及情节清楚、证据确实充分;C 是人民法院审判公诉案件的依据;D是代表国家公开指控被告人犯罪行为的法定文件。 6北京市西城区人民法院2003年第35号第一审刑事判决书的编号为(A) A京西刑初字(2003)第35号 7从涵盖的内容来看,法律文书包括(C)C司法文书、公证文书、仲裁文书、民用法律文书 8这判决书确定统一格式和写作内容始自(D)D清代 9取保候审决定书属于侦察文书中的(B)文书。B强制措施类。10呈请立案报告书的正文部分应写明的内容是(ABCD)A立案的事实依据B立案的法律依据;C立案的理由;D侦查计划。11呈请拘留报告书的性质和特点表现为(ABCD)A是公安机关内部使用的文书;B是签发拘留证的依据;C需县级以上公安机关负责人批准方能发生法律效力;D属于刑事诉讼文书。 12起诉意见书叙述事实的开头语是(C)C经依法侦查查明 13撤销案件通知书的送达对象是(B)B人民检察院 14人民检察院对公安机关提请批准逮捕犯罪嫌疑人的案件进 行审查后,应当作出的决定有(AB)A批准逮捕;B不批准逮捕。 15起诉书编号的内容依序是(C)C院名、部门、文书性质、年度、顺序号。 16不起诉决定书中对当事人的称谓应该是(C)C被不起诉人。17民事(行政)抗诉书的提出是为了纠正(D)中的错误。D 已生效的民事(行政)判决、裁定。 18第一审刑事判决书的首部除制作机关名称、文书名称以及编号之外,应依次写明的项目是(BADC)B公诉机关;A被告人;D辩护人;C案件的由来和审判经过; 19第一审刑事判决书中交待上诉权事项的规范写法是(D)D 如不服本判决,可在接到判决书的第2日起10日内,通过本院或者直接向××人民法院提出上诉。书面上诉的,应当提交上诉状正本一份,副本×份。 20人民法院审理上诉、抗诉案件后,在(CD)的情况下,应当制作刑事判决书。C原判决事实不清、证据不足、查清事实后予以改判;D原判决适用法律上有错误或者量刑不当,决定改判。 21第二审刑事判决书作出部分改判结果时,其判决主文应当依次写明(D)D维持的内容、改判的内容、撤销的内容。 22第二审维持原判用的刑事裁定书的裁定结果应当表述为(D)D驳回上诉(抗诉),维持原判。 23第一审民事判决书的编号由(A)组成。A年度、制作法院、案件性质、审理程序、顺序号。 24民事调解书与民事判决书的区别表现在(ABCD)不同。A体现的意志;B适用的条件;C发生法律效力的时间;D反映的内容及其文书格式。 25对罪犯刑事判决提请处理意见书属于(D)D监狱 26答辩状的制作主体是(BD)B被告(被告人)D被上诉人。27反诉状的制作主体是(BD)B民事案件的被告;D自诉案件的被告。 28刑事自诉状正文部分应写明的内容依次是(ADB)案由和诉讼请求;D事实与理由;C证人姓名和住址、证据的名称与来源。 29刑事上诉状的制作主体有(AB)A被告人及其法定代理人;B自诉人及其法定代理人。 30刑事自诉案件的被告认为自诉人的指控颠倒黑白,因而就同样事实指控自诉人的书状称为(反诉状) 31公安机关侦查员在犯罪现场向周围群众询问、了解案件有关情况时所制作的笔录文书,称为(C)。C调查笔录 32取保候审决定书属于侦查文书中的(B)文书。B强制措施类 33立案决定书是人民检察院在办理(C)时制作的文书。C.直接受理侦查的案件 34批准逮捕决定书属于(C)文书。C.填空式 35人民检察院建议公安机关追加提请批捕犯罪嫌疑人,公安机关不提请批捕,人民检察院决定逮捕犯罪嫌疑人时应当制作(B)。B.应当逮捕犯罪嫌疑人意见书 36人民检察院针对未生效的刑事裁判提出的抗诉书的送达法 院是(A)。A.上一级人民法院 37第二审人民法院对上诉的民事案件审理终结后应当制作的 文书的名称是(B)。B.第二审民事判决书 38"如不服本判决,可在判决书送达之日起15日内,向本院递交上诉状,并按对方当事人的人数提出副本,上诉于хх人民法院"。这一段交待上诉事项的行文是(BC)中的规范用语。B.民事判决书C.行政判决书 39提请减刑、假释意见书应当送达(C)。C.人民法院 40对死缓罪犯提请执行死刑意见书属于(D)制作的法律文书D.监狱 41民事答辩状的制作主体是(B)。B.被告 42行政起诉状中的被告是作出具体行政行为的(AC)。A.行政机关、C.法律法规授权的组织 43仲裁协议书所载明的仲裁协议的内容应当包括(A CD)。A.请求仲裁的意思表示、C.选定的仲裁委员会D.仲裁事项 44撤销仲裁裁决申请书的送达对象是(D)。D.中级人民法院50司法文书主要包括的文书有( B)。B.侦查文书、检察文书、裁判文书 51发布通缉令的司法机关是( A )。A.公安机关 52制作起诉意见书的主要文字依据是(D)。 D。结案报告 53法律文书在使用中的首要作用是(D)。D.实施法律的手段二、名词解释: 法律文书:是指我国司法机关(包括公安机关、国家安全机关、海关缉私机关、检察院、法院及监狱等机关)、公证机构、仲裁组织依法制作的处理诉讼案件和非诉讼案件的法律文书,以有案件当事人、律师和律师组织自用或代书的法律文书的总称。 主旨:是指制作某种文书的目的和文书的中心意思。 呈请立案报告书:是指公安机关侦查人员对受理刑事案件的材料经过审查,认为符合立案条件,且属于公安机关管辖的案件,报请领导审批是否立案的文书。通缉令:指公安机关依法通缉罪该逮捕而在逃的或被拘留、逮 捕后脱逃的犯罪嫌疑人以及从监狱中逃跑的服刑犯而制作的 一种文书。 呈请拘留报告书:指公安机关依法拘留现行犯或者重大嫌疑分 子,由案件承办单位拟写呈报县级以上公安机关负责人审批的 报告类文书。 提请批准逮捕书:公安机关对符合《刑事诉讼法》第六十条第 一款规定的逮捕条件的犯罪嫌疑人,提请同级人民检察院批准 逮捕时制作的一种司法文书。 起诉意见书:公安机关对案件侦查终结后,认为犯罪事实清楚, 证据确实、充分,应当依法追究犯罪嫌疑人刑事责任,向同级 人民检察院移送审查起诉时制作的一种文书。 补充侦查报告书:公安机关根据人民检察院作出的补充侦查决 定,对案件中需要查明的问题,经过调查核实,将查明的情况 向人民检察院报告时制作的法律文书。 不批准逮捕决定书:人民检察院在对公安机关提请批准逮捕的 犯罪嫌疑人进行审查后,认为犯罪嫌疑人不符合逮捕条件,依 法作出不批准逮捕决定时所制作的文书。 第一审刑事判决书:人民法院对于人民检察院提起公诉或者自 诉人提起自诉的刑事案件,按照我国刑事诉讼法规定的第一审 普通程序或者简易程序审理终结后,根据已经查明的事实、证 据和有关法律规定,确认被告人有罪或无罪,构成何种罪名, 适用何种刑罚或免除处罚而作出的书面决定。 第二审刑事判决书:是第二审人民法院在受理当事人不服第一 审判决提出上诉或者公诉机关就第一审判决提出抗诉的刑事 案件后,经审理查明原判决在适用法律上有错误或者量刑上不 当;或者原判事实不清、证据不足,经二审查清事实后依法改 判时作出的书面决定。 再审刑事判决书:指人民法院对已经发生法律效力的判决,依 照审判监督程序重新审判后作出新的改判判决的法律文书。再 审刑事判决包括适用第一审程序的刑事判决和适用第二审程 序的刑事判决书。 第一审刑事裁定书:是第一审人民法院在审理刑事案件过程 中,依照我国刑事诉讼法规定的第一审程序,对有关程序问题 作出的书面决定。 第二审刑事裁定书:指第二人民法院在第二审程序中,为解决 有关程序和部分实体问题而作出的书面决定。 第一审民事判决书:人民法院按照第一审普通程序的规定,依 法组成合议庭对一审民事案件进行审理后,就已经查明的案件 事实和证据,依照有关实体法的规定,对当事人之间的实体权 利义务争议作出的书面处理决定。 第二审民事判决书:指中级人民法院对当事人不服第一审人民 法院民事判决提起上诉的民事案件,依照我国《民事诉讼法》 规定的第二审程序,经审理终结后,依法作出维持或者改变第 一审民事判决的书面决定。 再审民事判决书:是人民法院对于已经发生法律效力的民事判 决或者调解协议,发现确有错误,按照审判监督程序进行再审, 就实体问题进行重新审理后所作出的书面决定。 第一审行政判决书:第一审人民法院依照我国行政诉讼法规定 的程序,对第一审行政诉讼案件审理终结后,依照法律、法规、 参照有关行政规章,就案件的实体问题作出的书面处理决定。 民事调解书:人民法院在审理民事案件过程中,依法进行调解, 根据当事人自愿达成的解决纠纷的协议而制作的具有法律效 力的司法文书。 民事裁定书:是人民法院按照《民事诉讼法》的规定,依法行 使审判权,就解决诉讼程序方面的问题依法作出的书面处理决 定。 民事决定书:人民法院就民事诉讼中的特殊事项依照法律规定 作出决定时制作的文书。 行政裁定书:指人民法院按照我国行政诉讼法及司法解释的规 定,在审理行政诉讼案件过程中。为解决有关程序问题作出的 书面决定。 提请减刑建议书:是监狱依法对在服刑改造期间确有悔改或立 功表现且已执行符合法定要求的刑期的罪犯,提请法院审核裁 定减刑时而制作的一种文书。 提请假释建议书:监狱依法对在服刑期间符合法定假释条件的 罪犯,建议法院审核裁定假释时制作的一种文书。 监狱起诉意见书:监狱对罪犯在服刑期间又犯罪,或者发现了 判决时所没有发现的罪行。认为需要追究刑事责任,提出起诉 意见,移送人民检察厅审查时制作的一种文书。 民事(行政)起诉状:指公民、法人或其他组织,认为自己的 民事权益受到侵害或者与他人发生争议时,为维护自己的合法 权益,依据事实和法律,按照法定程序,向人民法院提起民事、 行政诉讼时制作并使用的法律文书。 上诉状:诉讼当事人不服人民法院作出第一审判决或裁定,在 法定上诉期限内,向上一级人民法院提起上诉,请求撤销、变 更原审裁判或请求重新审理的诉讼文书。 刑事自诉状:刑事自诉案件的被害人或其法定代理人,为追究 被告人的刑事责任,直接向人民法院提起诉讼时,制作并使用 的法律文书。 答辩状:民事、行政和刑事诉讼中的被告、被告人或被上诉人 根据民事、行政起诉状、刑事自诉状或民事、行政、刑事诉讼 中的被告、被告人或被上诉人根据民事、行政起诉状、刑事自 诉状或民事、行政、刑事上诉状的内容、针对原告、自诉人提 出的诉讼请求或上诉人提出的上诉请求作出答复,并依据事实 与理由进行辩驳的法律文书。 反诉状:指民事案件或刑事自诉案件的被告、被告人、针对原 告或自诉人指控的同一纠纷事实或行为事实,提出相反指控内 容的法律文书。 强制执行申请书:指法律文书中确认享有权利的一方当事人, 在应当承担义务的对方当事人拒绝履行义务时,向有管辖权的 人民法院提陋的申请采取强制措施的法律文书。 民事授权委托书:指民事诉讼活动当事人单方面出具的,明确 代理律师在代理委托人参加民事诉讼过程中的代理权限的法 律文书。 仲裁文书:是仲裁法律关系主体在仲裁活动过程中依据《中华 人民共和国仲裁法》和仲裁夫则制作的具有法律效力的文书。 仲裁协议书:是各方当事人自愿将他们之间已经发生或者将来 可能发生的争议提交仲裁解决的书面协议。 仲裁申请书:是平等主体的公民、法人和其他组织之间发生了 全同纠纷或其他财产权益纠纷,当事人根据双方自愿达成的仲 裁协议,向仲裁协议中所选定的仲裁委员会提出仲裁请求,要 求该仲裁委员会通过仲裁解决纠纷的文书。 仲裁裁决书:是仲裁庭根据查明的事实和认定的证据,对申请 人提交仲裁的请求事项依法作出的予以支持或驳回,或者部分 支持、部分驳回的书面决定。 公证文书:是国家公证机关按照法定程序办理公证业务时所制 作的各种具有国家证明效力的法律文书的总称。 公证申请书:是当事人请求公证机关对一定的法律行为、法律 事实或有法律意义的文书予以公证的申请文书。 合同公证书:是指公证机关依法证明法人、非法人组织、个体 工商户、农村村民、农村承包经营户之间为了实现一定的经营 目的,明确相互权利义务关系而达成协议的证明文书。 继承公证书:是指公证机关依法证明当事人根据我国继承法产 生的继承法律关系的法律文书。 亲属关系公证书:指申请人向公证机关请求确认其与关系人之 间确实存在某种亲属关系的证明文书。其目的是确信他们之间 的法律关系及其发生的有法律意义事实的合法性。 三、简答题 1、简述法律文书在叙述案情事实方面的基本要求。答1、事实 要素,齐全完备2、关键情节,具体叙述3、因果关系,交代 清楚4、争执焦点,抓准记清5、财物数量,记叙确切6、叙述 事实,平实有序7、材料选择,真实典型8、列举证据,确凿 可信 2、简述刑事案件立案报告书的概念和功能 答1)刑事案件立案报告书:是指公安机关侦查人员对受理刑 事案件的材料经过审查,认为符合立案条件,并属于公安机关 管辖的案件,报请领导审查批准是否立案的法律文书。(2) 刑事案件立案报告书的功能:P36 3、简述呈请拘传报告书的性质和特点。答(1)呈请拘传报告 书的性质:是指公安机关在刑事案件侦查过程中,需要拘传犯 罪嫌疑人到案接受讯问,呈请县级以上公安机关负责审批时制 作的法律文书。(2)呈请拘传报告书的特点: 4、简述第二审刑事裁定书与第二审刑事判决书在处理案件实 体问题时的区别。 5、简述民事调解书与民事判决书的区别。答:1)适用的条 件不同,民事调解书是人民法院依法进行调解,促成当事人自 愿、合法达成解决纠纷的协议而予以认可时适用的法律文书。 民事判决书则是人民法院对案件经过审理,就案件依法作出判 决时适用的法律文书。2)体现的意志不同,民事调解书是人 民法院在合法的前提下,对当事人自愿达成的协议的确认,着 重体现了双方当事人的意志;民事判决书体现了人民法院依法 行使的国家审判的权力。3)反映的内容及其文书的格式不同, 民事调解书的格式较为简单;内容扼要;民事判决书的格式较 为复杂、且内容详实。4)发生法律效力的时间不同,民事调 解书经双方当事人签收后,即具有法律效力;而一审民事判决 书在送达当事人后并立即生效,只有超过了法定的上诉期限, 当事人不上诉的,才发生法律效力。 6、简述第一审行政判决书7种判决结果的内容。答:第一, 维持被诉具体行政行为;第二,撤销被诉具体行政行为;第三, 部分撤销被诉具体行政行为;第四,驳回原告诉讼请求;第五, 确认被诉具体行政行为合法与否;第六,判决变更行政处罚; 第七,判决被告在一定期限内履行法定职责。 7、简述监狱起诉意见书与公安机关起诉意见书的区别。答监 狱起诉意见书和公安机关起诉意见书性质相同,具有同等的法 律效力,都有要求人民检察院对案件进行审查处理的作用。 区别:1.文书制作的法律根据不同2.文书适用的范围不同3. 要求起诉的对象不同4.制作主体不同,署名不同。 8、简述民事起诉状的正文部分应包括的内容。答 正文部分 包括:诉讼请求、事实与理由、证据三方面内容。诉讼请求, 是民事诉讼的原告诉请人民法院解决的具体问题。事实与理 由,事实是提起诉讼、实现诉讼请求的基础和依据,也是人民 法院进行裁判的基础和依据。叙写事实时,必须事实求是,围 绕诉讼请求叙写,既要反映案件的全貌,又要突出重点。 理由是对事实的概括与评说,依事论理、依法论理。事实与理 由是相辅相成,诉讼请求与事实、理由也密切相关。证据,是 证明案件事实真实性、可靠性的依据。 9、简述辩护词在关于事实认定方面进行论证和辩驳的几种情 况。答1)有关事实认定方面的论证A事实存在,性质不同B 事实有误,夸大歪曲C本无其事,张冠李戴2)有关定罪问题 的论证3)有关量刑问题的辩护。 10、我国刑事裁定书和民事裁定书在解决诉讼中的问题方面有 何不同?答:我国刑事裁定书解决诉讼中的程序问题和部分实 体问题;民事裁定书只解决诉讼中的程序问题。 11、法律文书中叙述案情事实时应抓住哪些要点?答:1)事实 要素,齐全完整;2)关键情节,具体叙写;3)因果关系,交 代清楚;4)争执焦点,抓准记清;5)财物数量,记叙确切、 6)叙述事实,平实有序;7)材料选择,真实典型。 12、法律文书在语言文字运用中有哪些禁忌?答:1)忌写方言 土语;2)忌写脏话;3)忌写流氓黑话。 13、什么是立案决定书,它的功能是什么?答:是人民检察院 认为有犯罪事实需要追究刑事责任,依法应由本院决定立案侦 查时所制作的文书。功能表现在它是人民检察院对案件进行侦 查的合法依据。决定立案后,人民检察院才能依法对犯罪嫌疑 人采取各种侦查措施。立案决定书是人民检察院在审查起诉阶 段前最主要的法律文书之一。 14、简述批准逮捕决定书的概念、功能及定作内容.答:是人 民法院对公安机关提请批准逮捕犯罪嫌疑人的案件进行审查 后,依法批准逮捕犯罪嫌疑人时制作的文书。功能:它是人民 检验员检察院批准逮捕犯罪嫌疑人的凭证,也是公安机关执行 逮捕的依据。 写作内容:批准逮捕决定书为四联填空式文书。在正本中应当 写明以下内容:1)首部。写明制作机关名称、文书名称、文 号(*检*批捕[****]**号)和送达机关名称(***公安局)2) 正文。写明“你*(局、处)于****年**月*日以**号提请批准 逮捕嫌疑人涉猎**犯罪(检察机关审查认定的罪名)。符合〈中 华人民共和国刑事诉讼法〉第六十条规定逮捕条件,决定批准 逮捕犯罪嫌疑人***。请依法立即执行,并将执行情况三日内 通知本院”。3)尾首。写明制作文书的年月日并盖院章。 15、简述起诉书的概念和功能 答:人民检察院经侦查或审查确认被告的行为构成犯罪,依法 就当交付审判,而向人民法院提起公诉的文书。 功能:对侦查机关来讲,起诉书是确认侦查终结的案件,犯罪 事实、情节清楚,证据确实、充分,侦查活动合法的凭证;对 检察官来讲,起诉书既是代表国家对被告人追究刑事责任交付 审判的文书,又是出庭支持公诉,发表公诉意见,参加法庭调 查和辩论的基础;对审判机关来讲,是引起一审程序的刑事审 判活动,既是人民法院对公诉案件进行审判的凭据,又是法庭 审理的基本范围;对被告及其辩护人,它是告知已将被告人交 付审判的通知,又是公开指控被告人犯罪行为的法定文书。 简答题 16、起诉书的结构和写作要求是怎样的 答:起诉书属于文字叙述式文书,由首部、正文、尾部三部分 构成。首部。1)制作机关名称。被告人是外国人或无国籍人 的,检察院名称前面应当寇以“中华人民共和国”字样。2) 文书名称。3)编号。由院名(代字)、部门(代字)、文书 性质(代字)、年度及顺序号组成,即“*检*刑诉[**]*号”。 4)被告人(被告单位)基本情况。被告人的姓名、性别、出 生年月日、身份证号码、民族、文化程度、职业或工作单位及 职务、住址,曾受到行政处罚、刑事处罚的情况和因本案被采 取强制措施的情况等;被告单位的名称、住所地、法定代表人 姓名及职务,诉讼代表人的姓名、性别、年龄、工作单位及职 务,直接负责的主管人员或者其他直接责任人员的基本情况 (按被告人基本情况内容叙写。5)案由和案件审查过程。分 不同情况写明: A通常表述为“本案由**(侦查机关)侦查终结,以被告人*** 涉嫌***罪(或被告单位***涉嫌**罪,被告人***涉嫌***罪), 于***年**月*日向本院移送审查起诉。本院受现后,于年月日 已告之被告人或被告单位有权委托辩护人,年月日已告之被害 人及其法定代理人(或近亲属)或被害单位及其诉讼代表人、 附带民事诉讼的当事人及其法定代理人有权委托诉讼代理人, 依法讯问了被告人,听取了被害人的诉讼代理人***和被告人 的辩护人***的意见,审查了全部案件材料。。。。(写明退 回补充侦查、延长审查起诉期限等情况)。B对于侦查机关移 送的审查起诉的需要变更辖权的案件,表述为:“本案由*** (侦查机关)侦查终结,以被告人***涉嫌**罪,于年月日向 人民检察院移送审查起诉。***人民检察院于年月日转至本院 审查起诉。本院受理后,于年月日已告知被告人有权”。。。。 C对于本院侦查终结并审查起诉的案件,表述为:“被告人*** 涉嫌**罪一案,由本院侦查终结。本院于年月日已知被告人有 权。。。”。D 对于其他人民检察院侦查终结的需要管辖权的 案件,表述为:“本案由***人民检察院侦查终结,以被告人 **涉嫌**罪,于年月日向本院移送审查起诉。本院受理后,于 年月日已知被告人有权。。。。”。 正文:应当写明下列内容:1)案件事实。叙述事实必须客观、 准确、要素完整,层次分明,并说明证据情况。2)起诉的理 由和根据。概括阐明被告人行为的犯罪性质;其次指出被人行 为触犯的开路法条款的情节和法律依据,依法提出量刑的倾向 性意见;最后,写明起诉的法律依据与起诉决定。“正文”部 分的格式是:“经依法审查查明:。。。”(案件事实) 认定上述事实的证据如下:。。。(证据)。 本院认为。。。(理由分析),其行这触犯了《中华人民共和 国刑法》第*条,犯罪事实清楚,证据确实充分,应妆以**罪 追究其刑事责任。根据《中华人民共和国刑事诉讼法》第一百 四十一条的规定,提起公诉,请依法判处。尾部。写明起诉书 主送的人民法院全称、起诉案件的检察员的法律职务和姓名、 制作文书的年月日并加盖检察院院章。文未写明“附项”内容, 被告人羁押处所、证据目录、证人名单、主要证据复印件或者 照片名称及数量;或被害人附带民事诉状*份。 17、简述不起诉决定书的概念和功能 答:不起诉决定书是人民检察院对侦查机关移送起诉的案件依 法作出不起诉决定时所制作的文书。功能,它是人民检察院作 出不起诉决定的凭据,具有终止本案刑事诉讼,免予追究被不 起诉人刑事责任的法律效力。不起诉决定书一经送达,犯罪嫌 疑人被羁押的,应立即释放。 18、什么是公诉意见书?其结构和写作要求有哪些?答:公诉 意见书是出席第一审法庭的公诉人,代表人民检察院,在法庭 调查结束后,依法首先发表的支持公诉的书面意见。公诉意见 书是文字叙述式文书,由首部、正文、尾部三部公构成,其基 本制作要求是:论点鲜明突出,论证有理有据,分析透彻深入, 语言准确有力。1)首部。写明制作机关名称、文书名称、被 告人姓名、案由、起诉书文号和对法庭审判人员的呼语。2) 正文。第一,检察员出庭支持公诉的法律根据和在法庭上的身 份、职责;通常表述为“根据据《中华人民共和国刑事诉讼法》 第一百五十三条、第一百六十五条、第一百六十条和第一百六 十九条的规定,我们受**人民检察院的指派,代表本院,以国 家公诉人身份,出席法庭支诉公诉,并依法对刑事诉讼实行法 律监督。现对本案证据和案件情况发表如下意见,请法庭注 意。”第二,对法庭调查结果的概括评述。第三,支持公诉的 意见;第四,结论(对被告人依法定罪量刑的意见):表述为 “综上所述,起诉书认定本案被告人**犯罪事实清楚,证据确 实充分,依法应当认定被告人有罪,并应(从重、从轻、减轻) 处罚。”。3)尾部。写明公诉人姓名,注明当庭发表公诉意 见书的时间。 19、简述刑事抗诉书的概念及功能和种类 答:刑事抗诉书:人民检察院对人民法院确有错误的刑事判决 或裁定依法提出抗诉时所制作的文书。功能,它是检察院行使 审判监督权的重要工具,是引起人民法院第二审或再审的法定 文书之一。对于纠正人民法院确有错误的判决和裁定,保证法 律的正确实施,起着十分重要的作用。种类分为二审程序刑事 抗诉书和审判监督程序刑事抗诉书两种。 20、民事(行政)抗诉书的概念和适用范围是什么? 答:民事(行政)抗诉书:人民检察院依照我国民事诉讼法和 行政诉讼法关于法律监督的规定,对确有错误并已生效的民事 (行政)案件的判决、裁定、向有关人民法院提出抗诉,要求 重审予以纠正时所制作的文书。 适用范围是人民检察院对民事(行政)审判活动进行法律监督 的法定手段,适用于要求人民法院对确有错误的已性效民事 (行政)判决、裁定进行再审的情况。 21、简述法律文书的概念、内容和分类。 答:法律文书是我国司法机关、公证机构、仲裁组织依法制作 的处理诉讼案件和非诉讼案件的法律文书,以及案件当事人、 律师和律师组织自用或代书的法律文书的总称。 法律文书主要包括三个部分:一是司法文书;二是公证文书和 仲裁文书;三是民用法律文书。 法律文书依据不同的标准可以划分为不同的类别:按文书制作 主体的不同,可分为侦查文书、检察文书、裁判文书、公证文 书、仲裁文书、律师实务文书等;按文书具有功能的不同,可 分为报告类文书、命令类文书、通知类文书、决定类文书、裁 判类文书等;按制作方式的不同,可分为文字叙述式文书、填 空式文书、笔录式文书和表格式文书;按文书行文体式不同, 可分为信函式文书、致送式文书、宣告式文书等。 22、法律文书的基本特点有哪些?答:有如下几方面的主要特 点:1)主旨的鲜明性。即法律文书必须是为了解决一定的法律 实际问题而制作,中心意思必须鲜明突出;2)材料的客观性。 法律文书中所使用的材料必须绝对客观真实的;3)内容的法定 性。法律文书的写作内容,既符合一般写作规律的要求,更必 须符合有关法律对某种法律文书的法定要求,写清必须具备的 法定要素;4)形式的程式性。具体表现在结构的固定化和用语 的成文化两个方面;5)解释的单一性。在语言运用上要求做到 精确无误、解释单一,不能模棱两可、语义两歧的现象出现; 6)使用的实效性。法律文书的制作和发布都要起到启动或推进 法律活动不断进展,直到解决诉讼中的各种争议、非诉法律活 动中的各种有关问题等具体的实际效能; 23、简述法律文书的主要作用。答:(1)具体实施法律的重要 手段;(2)生动宣传法律的现实教材;(3)记录法律活动的文 字载体;(4)考核法律人才的重要内容;(5)保存法律事务的 文书档案。 24、法律文书在叙写事实时应掌握哪些要点? 答:法律文书叙述案情事实的基本要求就是做到材料真实、脉 络清楚、要素齐备、把握关键。具体包括:1)记清事实,材料 真实:应当具体写清案情事实,做到脉络清晰;所用的材料必 须是已经掌握的客观真实的事实材料;2)事实要素,齐全完备: 1

相关文档
最新文档