问题 单项选择题

下列选项中可以适用代理的情形是( )。

A.代为讲演

B.捎口信

C.代立遗嘱

D.代办法人注销登记

答案

参考答案:D

解析:[评析] 考查要点是不能认定为代理和不适用代理的情形。代理是指代理人以被代理人 (又称为本人)的名义,在代理权限内与第三人(相对人)为法律行为,其法律后果直接由被代理人承受的民事法律制度。从代理的概念可以看出,对于需本人亲自为之的民事行为,不能适用代理,如立遗嘱、结婚登记、收养子女等具有人身性质的行为以及预约演出、讲演等,都不能适用代理.凡是这些不得适用代理的行为,本人应当亲自实施而未亲自实施的,应当认定行为无效。据此排除A项和C项。代理的一个重要特征就是代理人在代理权限范围内独立为意思表示,如果意思表示不独立,就不能认定为代理,如捎口信,传达人根本没有自己独立的意思,因此,排除B项,代理适用范围十分广泛,代办法人注销登记符合代理的特征,因此,D项是正确答案。

单项选择题 A1/A2型题
阅读理解

Singing had always been an important part of Gloria Estefan’s life. “ Since I was three years old, I sang. I sang everything,” Gloria said. “Gubans,” she added, “are a musical people.”

Gloria was born in Cuba in 1957. Her family left the country just before Fidel Castro came to power. In Miami, where the family settled, many people did not accept Cuban immigrants. In first grade, she spoke little English, but she worked hard to learn the language. Six months after she entered school, she won an award for reading in English!

When Gloria was ten , her father returned from the Vietnam War. Soon, the family realized he wasn’t well. They soon found out that he was badly ill. Her mother went back to teaching at school to support the family. Gloria cared for her father and her younger sister.

She still made the honor roll, and she still had her music, but Gloria was lonely. However, when the band leader Emilio Estefan came to speak at her high school, Gloria sang for him. He asked her to join his band. It was the beginning of the Miami Sound Machine. Within a few months, the Miami Sound Machine was the top band in Miami. In 1978, Gloria and Emilio married.

At first, the Miami Sound Machine was known only in Miami. Then the band signed with CBS Records. Estefan and his band became stars.

Since then, the Miami Sound Machine has sold millions of records. Estefan has done more than just singing when Hurricane Andrew hit central Florida in 1992. She used only two weeks to organize an all-star concert that raised $ 2 million for the people who suffered in the hurricane. “We needed a party after that disaster,” she said.

Estefan said, “You have to stay true to the music you really love to do. There will always be people who will tell you, ‘that won’t work.’ You’ve got to be firm in spite of difficulties. Stick to it——that’s the main thing.”

小题1:Estefan’s father was ill ______.  

A.after he returned from Vietnam War

B.before they left their home country

C.when they settled down in Miami

D.as soon as she finished high school小题2:According to the passage, probably Estefan did the following except________.

A.organizing an all-star concert for Hurricane victims

B.teaching at school to support the family

C.winning an award for reading in English

D.taking care of her father and sister小题3:The underlined word “disaster” in this passage refers to _______.

A.the concert

B.the celebration

C.the hurricane

D.the victims小题4:This passage mainly tells about Estefan’s ______.

A.Cuban background

B.happy marriage

C.music style

D.life story