问题 单项选择题

刘国出国期间将其所有的一套房子交给朋友王风暂住,后王风未经刘国同意将房子卖给某房地产公司,刘国回国后将王风告上法庭,法院判决王风将卖房所得全部房款还给刘国。王风不服提出上诉,并在二审审理中提出要求刘国返还房屋修缮金的请求。对于该请求的说法以及法院的处理正确的是( )。

A.该请求是反诉,应当与本诉一并审理

B.该请求是王风提出的一个独立的请求,法院应当告知王风另行起诉

C.该请求是反诉,法院可以对反诉进行调解,调解不成的将本案发回重审

D.该请求是反诉,法院可以对反诉进行调解,调解不成的告知王风另行起诉

答案

参考答案:D

解析:[考点] 反诉的判断以及处理
本题考查的是反诉的判断以及二审程序中对反诉的处理方式。反诉是指在已经开始的诉讼中,本诉的被告针对本诉的原告提出的一个独立的反请求。判断是否构成反诉可以从以下方面着手:(1)反诉的原告是本诉的被告,反诉的被告是本诉的原告; (2)反诉旨在吞并、抵销或者消灭本诉的诉讼请求; (3)反诉是一个独立的诉讼请求,但同时与本诉又具有事实上的或者法律上的牵连关系;(4)反诉能够与本诉使用同一程序。所以说本案中王风提出的要求刘国返还房屋修缮金的请求构成反诉。《民诉意见》第 184条规定:在第二审程序中,原审原告增加独立的诉讼请求或原审被告提出反诉的,第二审人民法院可以根据当事人自愿的原则就新增加的诉讼请求或反诉进行调解,调解不成的,告知当事人另行起诉。本案中,王风是在第二审程序中提出的反诉,所以法院的处理方式是先调解,调解不成的再告知当事人另行起诉。这既体现了程序的效率性,同时又保护了当事人的上诉权。所以D选项正确。另外请考生注意:一审
中对反诉的处理方式是将其与本诉合并审理,不同于二审程序中的处理方式。

阅读理解

阅读理解

     The latest research suggests that the key factor separating geniuses from the merely accomplished is

not IQ, a generally bad predictor of success. Instead, it's purposeful practice. Top performers spend

more hours practising their craft. If you wanted to picture how a typical genius might develop, you'd take

a girl who possessed a slightly above average language ability. It wouldn't have to be a big talent, just

enough so that she might gain some sense of distinction. Then you would want her to meet, say, a

novelist, who coincidentally shared some similar qualities. Maybe the writer was from the same town,

had the same family background, or shared the same birthday.

    This contact would give the girl a vision of her future self. It would give her some idea of a fascinating

circle she might someday join. It would also help if one of her parents died when she was 12, giving her

a strong sense of insecurity and fuelling a desperate need for success. Armed with this ambition, she

would read novels and life stories of writers without end. This would give her a primary knowledge of her

field. She'd be able to see new writing in deeper ways and quickly understand its inner workings.

     Then she would practise writing. Her practice would be slow, painstaking and errorfocused. By

practising in this way, she delays the automatizing process. Her mind wants to turn conscious, newly

learned skills into unconscious, automatically performed skills. By practising slowly, by breaking skills

 down into tiny parts and repeating, she forces the brain to internalize a better pattern of performance.

Then she would find an adviser who would provide a constant stream of feedback, viewing her

performance from the outside, correcting the smallest errors, pushing her to take on tougher challenges.

By now she is redoing problems-how do I get characters into a room-dozens and dozens of times. She

is establishing habits of thought she can call upon in order to understand or solve future problems.

    The primary quality our young writer possesses is not some mysterious genius. It's the ability to

develop a purposeful, laborious and boring practice routine. The latest research takes some of the magic

out of great achievement. But it underlines a fact that is often neglected. Public discussion is affected by

genetics and what we're "hardwired" to do. And it's true that genes play a role in our capabilities. But the

brain is also very plastic. We construct ourselves through behaviour.

1. The passage mainly deals with ________.

A. the function of IQ in cultivating a writer

B. the relationship between genius and success

C. the decisive factor in making a genius

D. the way of gaining some sense of distinction

2. By reading novels and writers' stories, the girl could________.

A. come to understand the inner structure of writing

B. join a fascinating circle of writers someday

C. share with a novelist her likes and dislikes

D. learn from the living examples to establish a sense of security

3. In the girl's long painstaking training process, ________.

A. her adviser forms a primary challenging force to her success

B. her writing turns into an automatic pattern of performance

C. she acquires the magic of some great achievement

D. she comes to realize she is "hardwired" to write

4. What can be concluded from the passage?

A. A fuelling ambition plays a leading role in one's success.

B. A responsible adviser is more important than the knowledge of writing.

C. As to the growth of a genius, IQ doesn't matter, but just his/her effort.

D. What really matters is what you do rather than who you are.

多项选择题