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问题 单项选择题

营业地位于中国的甲公司与位于德国的乙公司订立了一个机械设备的买卖合同，双方就该合同的法律适用进行的协商，正确的是：

A．由于中德两国均是缔约国，当事人不可以协议不适用《联合国国际货物销售合同公约》

B．依据中国法律的规定，该合同必须适用中国法

C．如果当事人协议选择适用《国际贸易术语解释通则》，则《联合国国际货物销售合同公约》不再适用

D．如果当事人没有排除《联合国国际货物销售合同公约》的适用，则公约自动适用于该合同

答案

参考答案：D

解析：[考点] 《联合国国际货物销售合同公约》的适用 《联合国国际货物销售合同公约》第6条规定，双方当事人可以不适用本公约，或在第12条的条件下，减损本公约的任何规定或改变其效力。由此我们注意到该公约的适用并非强制性的，但当事人没有排除《联合国国际货物销售合同公约》的适用，则公约自动适用于当事人之间的合同。协议选择适用《国际贸易术语解释通则》，并不妨碍《联合同国际货物销售合同公约》的适用，因为合同中涉及的很多问题贸易术语并不调整，对这些问题公约仍要适用，如要约承诺规则。B项更是没有法律依据。

不定项选择

在如图所示的空间中，存在场强为E的匀强电场，同时存在沿x轴负方向、磁感应强度为B的匀强磁场。一质子（电荷量为e）在该空间恰沿y轴正方向以速度v匀速运动。据此可以判断出

[ ]

A．质子所受电场力大小等于eE，运动中电势能减小；沿x轴正方向电势升高

B．质子所受电场力大小等于eE，运动中电势能增大；沿x轴正方向电势降低

C．质子所受电场力大小等于evB，运动中电势能不变；沿x轴正方向电势升高

D．质子所受电场力大小等于evB，运动中电势能不变；沿x轴正方向电势降低

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单项选择题

Randy Kraus was paralyzed. His left side was useless. But his right hand was (1) enough to lift a bucket to his forehead. Once, he’d been a police officer and owned a private-eye agency. Once, he’d been p and able. Now, he felt he was nothing.
His (2) started with Parkinson’s disease, but it didn’t (3) there. In July 2002, the 60 year old Kraus went into the hospital for an operation to control the shaking. (4) , during the operation, he had a stroke. He was paralyzed. The (5) man, who loved golf, could think, but couldn’t (6) . Kraus wanted the doctors to (7) it to him straight. "You may never walk again, " they told him. "Maybe you won’t (8) be able to talk. "
Once at home, he (9) he couldn’t lift a fork or take a drink by himself. Physical treatment was so painful and slow. What did he have to (10) for So now Kraus held the gun against his head. (11) the cold metal on his skin, he began to consider not his pain, but the pain he (12) cause his wife, daughters and grandchildren. He didn’t pull the trigger.
"You are where you are", his exercise physiologist, Andrew Garud told him. "The pace would be slow; the pain would be (13) . But as long as you are (14) , you have the ability to get better. " After three months of (15) with Garud, Kraus wanted to see if he could (16) . He could. Then he took three steps, sat down and cried like a baby. One step (17) to another. Next he managed a short walk. It was the hardest (18) of Kraus’s life.
Garud kept saying he could (19) more. Now, Kraus can brush his teeth, shave himself and get around the house with a walker. Little success only the paralyzed can (20) understand.

A．talk
B．hear
C．move
D．operate
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