问题 单项选择题

张某和李某分别是民事诉讼的原告和被告,在一审过程中,双方在立案后自行商定举证期限定为10天,并且得到了审理法院的认可。结果10天就要期满,原告张某发觉案件并不像想像中简单容易,遂向法院提出申请延期10天,得到了法院的批准。20天将至,被告李某又向法院提出,时间太短,为了寻找新的证据线索,请求法院准许再延期10天。对此,法院应该如何处理( )

A.举证期限不能一延再延,应不予准许

B.被告在第一次10天将至之际并未提出延长举证期限,现在提出不应准许

C.如果理由适当,法院还是可以准许被告的请求,延长举证期限

D.虽然司法解释规定了举证期限可以延期两次,但是是指同一当事人,所以不应准许被告的请求

答案

参考答案:C

解析:[考点] 举证期限相关规定 《最高人民法院关于民事诉讼证据的若干规定》第36条规定:“当事人在举证期限内提交证据材料确有困难的,应当在举证期限内向人民法院申请延期举证,经人民法院准许,可以适当延长举证期限。当事人在延长的举证期限内提交证据材料仍有困难的,可以再次提出延期申请,是否准许由人民法院决定。”可见,举证期限的延长需要得到法院的准许,但是并没有次数上的绝对限制,所以A和D错误,并且这种延期请求对双方当事人都应平等,并非第一次请求延长之人才能继续请求延长,因此B错误,只有C正确。

论述题
阅读理解

Joseph Rudyard Kipling, who enjoyed early success with his poems, was born on 30 December 1865 in Bombay, India. Some of Kipling’s earliest and fondest memories are of his and sister Alice’s trips to the fruit market with their woman servant, or walking with his parents alongside the sea at night.

The beautiful days were to end when in 1871 Rudyard and Alice were sent to school in Southsea, England, to live with Captain Holloway and his wife. She ruled the boarding house with punishment and Kipling was often beaten by her and her son. “Then the old Captain died, and I was sorry, for he was the only person in that house as far as I can remember who ever threw me a kind word.” So he wrote in his later books. Kipling soon learned to read and found comfort in literature and poetry.

Freedom from the Holloway household was gained when he spent one month a year in London with his mother’s kind sister Aunt Georgie and her husband, pre-Raphaelite painter Edward Burne Jones and their children. Those months of December were a really paradise to Kipling.

In 1877 Kipling’s mother returned to England and collected him so that he could attend the United Services College in Devon. Now he was able to settle into the life of a student and in his second year started writing his own Schoolboy Lyric poems printed by his parents. In 1878 his father took him to the Paris Exhibition where he was allowed to wander freely and gained much appreciation for French culture which he wrote about in “Souvenirs of France”.

小题1: Kipling first left his parents in __________.

A.1865

B.1871

C.1877

D.1878小题2: Kipling fell in love with literature and poetry __________.

A.before the old Holloway died

B.when he was a little boy with his parents

C.when he attended the United Services College

D.when he was in school, living with the Holloways小题3: From the underlined sentence in paragraph 3 we learn that __________.

A.he felt free and happy with his aunt’s family

B.he felt terrible when he stayed with the old Captain

C.the death of the old captain influenced him a lot

D.the days at his aunt’s helped him become a successful poet