问题 单项选择题

以下案件中,当事人可以协议选择管辖法院的是:

A.北京的甲与上海的乙在深圳缔结婚姻,现在欲提起离婚之诉

B.北京的甲与上海的乙在深圳订立合同,由于乙不履行合同,而提起违约之诉

C.北京的甲与上海的乙之间发生的专利侵权纠纷

D.在中国没有住所的美国人布什与中国人乔丹在昆明旅游期间结婚,现在乔丹欲提起离婚之诉

答案

参考答案:B

解析:《民事诉讼法》第25条:合同的双方当事人可以在书面合同中协议选择被告住所地、合同履行地、合同签订地、原告住所地、标的物所在地人民法院管辖,但不得违反本法对级别管辖和专属管辖的规定。   第244条:涉外合同或者涉外财产权益纠纷的当事人,可以用书面协议选择与争议有实际联系的地点的法院管辖。选择中华人民共和国人民法院管辖的,不得违反本法关于级别管辖和专属管辖的规定。注意D项虽然是涉外纠纷,但并不是财产权益纠纷,不能协议管辖。

单项选择题

Starting with his review of Skinner’s Verbal Behavior, Noam Chomsky had led the psycholinguists who argue that man has developed an innate (天生的) capacity for dealing with the linguistic universals common to all languages. Experience and learning then provide only information about the (1) instances of those universal aspects of language which are needed to communicate with other people within a particular language (2) .

This linguistic approach (3) the view that language is built upon learned associations between words. What is learned is not strings of words per se (本身), but (4) rules that enable a speaker to (5) an infinite variety of novel sentences. (6) single words are learned as concepts: they do not stand in a one-to-one (7) with the particular thing signified, but (8) all members of a general class.

This view of the innate aspect of language learning is at first not readily (9) into existing psychological frameworks and (10) a challenge that has stimulated much thought and new research directions. Chomsky argues that a precondition for language development is the existence of certain principles "intrinsic (原有的) to the mind" that provide invariant structures (11) perceiving, learning and thinking. Language (12) all of these processes; thus its study (13) our theories of knowledge in general.

Basic to this model of language is the notion that a child’s learning of language is a kind of theory (14) . It’s thought to be accomplished (15) explicit instruction, (16) of intelligence level, at an early age when he is not capable of other complex (17) or motor achievements, and with relatively little reliable data to go on. (18) , the child constructs a theory of an ideal language which has broad (19) power. Chomsky argues that all children could not develop the same basic theory (20) it not for the innate existence of properties of mental organization which limit the possible properties of languages.

4()

A.transformational

B.institutional

C.systematic

D.constitutional

单项选择题