问题 问答题

原告陆某(17岁,在校学生)按其母亲丁某的嘱咐,持外币至被告银行的某储蓄所,并以原告户名在储蓄存款凭条上填写了存期2年,金额1500美元后,连同现金交给该所接柜员刘某,之后刘某将铜牌一枚发交给原告,原告即持铜牌等候。当原告听见刘某呼叫自己所持的铜牌号时,便将铜牌交给刘慕,刘某将钱款退还原告并告知此款比原告在存款凭条上所填金额少300美元。原告清点后回家告知父母,并随丁某前往交涉,但与刘某未能达成一致。遂诉至法院,要求返还300美元。 问题:

如何理解被告发放铜牌的行为本案应如何处理

答案

参考答案:被告发放铜牌表明:①货币所有权转移;②储蓄合同生效。被告应退回原告300美元。被告发放铜牌是对原告存款要约的承诺,不仅意味着认可了原告的存款行为,而且意味着收到了原告与存款凭条上所填金额相符的现金。按银行操作规程,原告填写存款凭条和交纳存款现金,被告银行应予以清点,只有清点核实存款现金与存款凭条相符的情况下,被告银行才发给原告存款人铜牌。因此,发放铜牌既表明货币所有权已经转移,又表明储蓄合同生效,被告银行应退回原告300美元。

名词解释
完形填空
In a Chinese modern dance competition on TV one very unique couple won one of the top prizes.The lady,in her thirties,was a dancer who had ____ since she was a little girl.Later in life,she lost her entire left arm in an accident and fell into a state of ____ for a few years.
Someone then asked her to coach a children’s dancing group.From that point on,she realized that she could not ____ dancing.So,she started to do some of her old routines,but,having lost her arm,she had also lost her ___.It took a while before she could even make simple turns and spins without ____.
Then a few months later she ____ a man in his twenties who had lost a leg in an accident.She was determined to find him and ____ him to dance with her.He had never danced.And to dance with one leg...He said,“Are you ____ with me?No way!”
But,she didn’t ____,and he agreed to think about it.“I have nothing else to do anyway,” he thought.Then she started to ____ him dancing.The two ____ a few times because he had no concept of using muscle,how to ___ his body,and knew none of the ____ things about dancing.When she became ____ and lost patience with him,he would walk out.____,they came back together and started training ____.
They hired a choreographer(舞蹈指导) to ___ routines for them.She would fly high (held by him) with both arms (a sleeve for an arm) flying in the air.He could bend ____ by one leg with her leaning(倚靠) on him,etc.
When I watched this I didn’t ____ realize that she was missing an arm ___ I was focusing on the guy with only one leg.Really quite amazing!
小题1:
A.operated B.played
C.trainedD.competed
小题2:
A.reliefB.depression
C.confusionD.recovery
小题3:
A.learnB.understand
C.forgetD.face
小题4:
A.chanceB.balance
C.advantage D.promise
小题5:
A.followingB.checking
C.noticingD.falling
小题6:
A.heard ofB.searched for
C.came acrossD.waited for
小题7:
A.require B.allow
C.leadD.persuade
小题8:
A.arguingB.joking
C.discussingD.agreeing
小题9:
A.carry onB.give up
C.settle downD.set off
小题10:
A.teachB.show
C.leaveD.watch
小题11:
A.broke up B.gave in
C.put offD.returned back
小题12:
A.changeB.present
C.improveD.control
小题13:
A.importantB.interesting
C.basic D.special
小题14:
A.excitedB.annoyed
C.movedD.shocked
小题15:
A.UnfortunatelyB.Eventually
C.Generally D.Jokingly
小题16:
A.seriouslyB.differently
C.publiclyD.gradually
小题17:
A.discoverB.arrange
C.performD.design
小题18:
A.raisedB.kept
C.supportedD.carried
小题19:
A.stillB.hardly
C.nearlyD.even
小题20:
A.because B.if
C.beforeD.though