问题 多项选择题

2002年10月,王敏向A市B区人民法院起诉,请求法院判令被告赵洋归还欠款1万元。在诉讼过程中,双方达成和解协议:赵洋在10日内一次性向王敏归还欠款8000元。王敏向法院申请撒诉,法院裁定准许。本案从法律上产生的后果是什么( )

A.本案诉讼费用由王敏承担

B.若赵洋不履行和解协议,王敏可以向法院申请执行

C.本案民事诉讼法律关系消灭

D.在任何情况下,王敏都不可以再次以相同请求向法院起诉

答案

参考答案:A,C

解析:[考点] 撒诉的相关法律效力 撒诉是消灭民事诉讼法律关系的诉讼行为,故C正确。《诉讼费用交纳办法》第34条规定,民事案件的原告或者亡诉人申请撤诉,人民法院裁定准许的,案件受理费由原告或者上诉人负担。故A正确。和解协议没有强制执行力,故B不应当选。《民诉意见》第144条规定,当事人撤诉或人民法院按撤诉处理后,当事人以同一诉讼请求再次起诉的,人民法院应予受理。因此,D不正确。本题选AC。

解答题
单项选择题

The effect of the baby boom on the schools helped to make possible a shift in thinking about the role of public education in the 1920’s. In the 1920’s, but especially (1) the Depression of the 1930’s, the United States experienced a (2) birth rate. Then with the prosperity (3) on by the Second World War and the economic boom that followed it, young people married and (4) households earlier and began to (5) larger families than had their (6) during the Depression. Birth rates rose to 102 per thousand in 1946, 106.2 in 1950, and 118 in 1955. (7) economics was probably the most important (8) , it is not the only explanation for the baby boom. The increased value placed (9) the idea of the family also helps to (10) this rise in birth rates. The baby boomers began streaming (11) the first grade by the mid-1940’s and became a (12) by 1950. The public school system suddenly found itself (13) The wartime economy meant that few new schools were buih between 1940 and 1945. (14) , large numbers of teachers left their profession during that period for better-paying jobs elsewhere.

(15) , in the 1950’s, the baby boom hit an antiquated and inadequate school system. Consequently, the custodial rhetoric of the 1930’s no longer made (16) ; keeping youths ages sixteen and older out of the labor market by keeping them in school could no longer be a high (17) for an institution unable to find space and staff to teach younger children. With the baby boom, the focus of educators (18) turned toward the lower grades and back to basic academic skills and (19) . The system no longer had much (20) in offering nontraditional, new, and extra services to older youths.

9()

A.at

B.on

C.for

D.with