问题 单项选择题

在一起纠纷中,甲、乙两人共同将丙打伤,致使丙被送往医院,花去医疗费5000千元,后丙起诉甲、乙两人赔偿人身损害,法院判决甲承担其中的3000元医疗费,乙承担其中的2000元医疗费。后甲不服,认为其与乙的责任相当,)不应当承担这么多的赔偿额,在法定期间内提起上诉,乙未上诉。问该案件的被上诉人是谁

A.只能是乙

B.只能是丙

C.乙和丙

D.乙或丙

答案

参考答案:A

解析:[考点] 被上诉人的确定 根据《民诉意见》第177条第2款的规定,必要共同诉讼人中的一人或部分人提起上诉的,若该上诉仅对共同诉讼之间的权利义务分担有意见,不涉及对方当事人利益的,未上诉的同一方当事人为被上诉人,对方当事人依原审诉讼地位列明。由于甲承认其打伤丙,只是对赔偿的数额认为与乙比较起来不应承担那么多,因此其上诉针对的对象是乙,因而被上诉人只能是乙,丙依原审诉讼地位即原审原告列明。

阅读理解

阅读理解

     Two men, who were both seriously ill,  occupied the same hospital room. One man was allowed to

sit up in his bed for an hour a day to get rid of the fluids (液体) from his lungs. His bed was next to the

room's only window. The other man had to spend all his time lying flat on his back.

     The men talked for hours on_end. They talked about everything in their life. But always, the best

subject was the time when his roommate described all the things he could see outside the window.

     The man in the other bed would live for those onehour periods where his world would be

broadened and enlivened by all the activities and color of the outside world. The man had said out of

the window was a park with a lovely lake. Ducks and swans (天鹅) played on the water while children

sailed their model boats. Lovers walked arm in arm among flowers of every color. Old trees graced the

landscape,  and a fine view of the city skyline could be seen in the distance. As the man by the window

described all this in detail, the man on the other side of the room would close his eyes and imagine the

scene.

     One warm afternoon the man by the window described a parade passing by. Although the other

man could not hear the band, he could see it in his eye as the man by the window described it.

Unexpectedly, an alien thought entered his head: Why should he have all the pleasure of seeing

everything while I never get to see anything? It didn't seem fair. As the thought fermented (发酵), the

man felt ashamed at first. But as the days passed and he missed seeing more sights, his envy became

resentment and soon turned him sour. These dark thoughts made himself unable to sleep. He should be

by that window-and that thought now controlled his life.

     Late one night, as he lay staring at the ceiling, the man by the window began to cough

uncontrollably and pushed the button calling for help. But he never moved, never pushed his own

button,  which would have brought the nurse running. In about five minutes the man was gone.

     When his body was taken away, the other man asked if he could be moved next to the window.

His wish was soon granted (满足).

     But when he strained to take his first look out of the window, he found it faced a blank wall.

1. Which is the proper title of the passage?

A. The relationship between the two men.

B. Envy turns the soul sour.

C. The two men, who were both seriously ill, were in hospital.

D. The time the two men spent together in hospital.

2. What does the phrase "on end" mean in the second paragraph?

A. in total    

B. ending

C. only  

D. without stopping

3. What kind of person is the man by the window?

A. A liar.

B. An honest person.

C. A dull person.

D. A kind person.

4. Which of the following sentences is TRUE?

A. What the man by the window described was real.

B. Envy makes one's health worse day after day.

C. At first the man who couldn't see the sight outside the window could imagine the sight.

D. The man was happy when his wish was granted.

名词解释