问题 单项选择题

甲向法院起诉请求解除其与乙之间的收养关系,一审法院判决驳回起诉请求。甲不服提出上诉。二审法院开庭的前一天,甲因意外事故而死亡。对此,法院应如何处理( )

A.由一审法院裁定终结诉讼

B.由一审法院裁定驳回上诉

C.由二审法院裁定驳回上诉

D.由二审法院裁定终结诉讼

答案

参考答案:D

解析:依照《民事诉讼法》第137条的规定,有下列情形之一的可终结诉讼:(一)原告死亡,没有继承人,或者继承人放弃诉讼权利的;(二)被告死亡,没有遗产,也没有应当承担义务的人;(三)离婚案件一方当事人死亡的;(四)追索赡养费、扶养费、抚育费以及解除收养关系案件的一方当事人死亡的。在本题中,甲属于解除收养关系案件的一方当事人,在甲死亡以后,诉讼没有必要进行下去,二审法院应该裁定终结诉讼,答案D正确。同时该案已经由二审法院受审,一审法院无权处理,答案AB均不正确。裁定驳回上诉一般只适用于当事人对裁定不服的上诉,答案C不正确。

阅读理解

阅读理解。

     Alan worked in an office in the city. He worked very hard and really looked forward to his holiday. He usually went to the seaside, but one year he saw an ad. in a newspaper "Enjoy country life. Spend a few weeks at William Farm. Good food, fresh air, horse riding, walking, fishing…"

     "This sounds like a good idea."he thought, I'll spend a month at William Farm. I'll go horse riding, walking and fishing. It'll be different from the seaside." Four days later, he returned home.

     "What's wrong with William Farm?" His friend Jack asked him."Didn't you enjoy country life?"

     "Country life was fine,"Alan said. "But there was another problem."

     "Oh, what problem?"

     "Well, the first day I was there, a sheep died, and we had roast (烤肉) mutton for dinner."

     "Fresh meat is the best."

     "I know, but on the second day a cow died, and we had roast beef for dinner."

     "Lucky you!"

     "You don't understand," Alan said, "On the third day a pig died and we had roast pork for dinner."

     "A different roast every day."Jack said.

     "Let me finish." Alan said, "On the fourth day a farmer died and I didn't want to stay there for dinner."

1. Alan saw ________ in a news paper.

A. an ad.

B. a letter

C. a story

D. a report

2. Alan usually went to ________ on the vacation.

A. the mountains

B. the countryside

C. the seaside

D. William Farm

3. Alan spent ________ at William Farm.

A. four days

B. three months

C. a month

D. a few weeks

4. Alan had roast ________ for dinner on the third day.

A. mutton

B. pork

C. beef

D. fish

5. From the passage we know that ________.

A. Alan left the farm because he missed his family

B. Alan left the farm because he had four dinners at the farm

C. Alan left the farm because he couldn't go fishing at the farm

D. Alan came back home because he was afraid of the fourth dinner

单项选择题