金某欲买齐某的一匹马(包括套在马身上的马鞍)，约定价格为1200元_爱下问搜题

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问题多项选择题

金某欲买齐某的一匹马(包括套在马身上的马鞍)，约定价格为1200元，但因金某所带的钱不够，只付给齐某600元。俩人还同时约定，该马的所有权自即日起转移。3日后金某来牵马并支付余款600元。第二天孙某看到齐某牵着马，提出愿以1400元买此马(包括马鞍)，齐某同意。孙某向齐某付清1400元并将马牵走。后金某来齐某家牵马，得知齐某已将马卖给他人，非常生气。根据上述案情，回答以下问题。

金某可以行使哪些权利

A．要求孙某将马交给自己

B．请求法院撤销齐某和孙某之间的合同

C．要求确认齐某将马卖给孙某的行为属无权处分行为

D．要求齐某偿还600元并承担违约责任

答案

参考答案：C,D

解析：[考点] 所有权移转；合同效力
《合同法》第133条：“标的物的所有权自标的物交付起转移，但法律另有规定或当事人另有约定的除外。”本题中，齐某未向金某交付马；但是他们已经约定，马的所有权已经转移，因而金某已经取得马的所有权，所以齐某的行为属于无权处分。因此C项正确。无权处分的合同是效力待定的，而不是可撤销合同，因此B项错误。但是孙某看到齐某牵着马，而与齐某订立买卖合同，虽然齐某是无权处分，但是对于孙某，应当适用善意取得制度。孙某取得了马的所有权，金某也就不能要求孙某将马交给自己，故A项错误。虽然买卖合同标的物所有权转移，但是并未完成交付，齐某无法向金某交付马，应承担违约责任，D项正确。当然由于齐某处分了金某的财产，也构成侵权，金某也可以主张侵权责任。

单项选择题

I got a job teaching special education at a school in Coachella, California, a desert town about 170 miles from home. It was no (1) job. Street gangs (2) around the school after dark.

"Be careful, " Dad warned me during one of my frequent weekend (3) home. He was concerned about my living (4) , but I needed to be on my own.

One evening, I stayed after school to rearrange my classroom. (5) , I turned out the light and closed the door. Then I (6) toward the gate. It was (7) ! I looked around. Everyone had gone home.

After (8) all the exits, I found just enough (9) to squeeze under a gate in the back of the school. Then I walked toward my car, parked in a field behind the building.Suddenly I heard voices. I (10) around and saw at least eight boys following me. (11) my pace, I reached into my shoulder bag to get my key. I (12) all over the inside of my handbag. But the key wasn’t (13) ! Dear Lord, please help me, I prayed (14) . Suddenly, my fingers touched a loose key in my purse. I didn’t even know if it was for my car, but I took it out and (15) it. It worked!I opened the door, slid in and locked it—just (16) the teenagers surrounded the car. Trembling , I started the engine and (17) away. When I returned to my apartment, the phone was ringing. It was my Dad. I didn’t tell him about my experience; I didn’t want to (18) him. "Oh, I forgot to tell you!" He said, "I had a (n) (19) car key made and slipped it into your purse—just (20) you ever need it.

8（）

A.checking

B.searching

C.trying

D.following

填空题

In the following passage, there are 25 blanks representing words that are missing from the context. You are to put back in each of the blanks the missing word. Write your answers on the ANSWER SHEET. The time for this section is 25 minutes.
Of all the employed workers in the United States, 12.5 million are part of a temporary workforce. The United States Bureau of Labor Statistics counts 9.2 percent of workers as those who have (1) they term "alternative employment arrangements." The government predicts that temporary staffing agencies (2) experience growth of 49 percent by 2010. If numbers increase at the rate (3) , these companies will add 1.9 million new jobs by 2010. That’s more than any (4) industry.
Temporary workers were the first ones to be affected by the recent economic recession, but they are (5) to be the first to regain positions as the economy picks up and companies work to rebuild. Employers use temporary workers as a resource because (6) offer
flexibility and come at a low cost. Many temporaries are categorized as "independent contractors" instead of employees, (7) allows the employer to avoid (8) certain taxes. Because they are not required to offer benefits to temporary workers, companies can save a great deal of money by hiring temps. Usually, temporary workers can qualify (9) benefits if they work for a staffing company for a certain length of time. Most temps, however, do not continue with one company long (10) to qualify for them because they regard the position as a step on the ladder to a (11) position later.
According to Richard Wahlquist, president of the American Staffing Association, 75 (12) of temporary workers hope for transition out of the temporary staffing category (13) a period of time. Wahlquist finds that temporary workers spend about 11 weeks on various assignments before their (14) out of the temporary workforce. Many use temporary positions to gain experience and skills (15) they move on to better jobs. Wahquist says that the temp workforce as a whole turns (16) 400 percent each year.
Tom Dilworth, research director at the Employment Policies Institute, explains (17) some workers like having temporary jobs (18) it affords them a great deal of elasticity with time and everything. Some temps only have a limited (19) of time to work and temp agencies can help coordinate jobs to fit their schedules. Other sometimes-employees use temporary jobs to get an (20) to a company from the inside, to get a foot in the door of a certain business or career. (21) others take temporary positions in hopes their employers will change them over to permanent positions eventually.
Nearly all the industries in the United States use temporary workers. (22) to Tim Costello, coordinator of the North American Alliance for Fair Employment, the growth of temporary labor threatens (23) job security of permanent workers who fear replacement,as well as the temps who are more accustomed to turnover. He predicts that there will continueto (24) a gradual shift from permanent employees to contingent staffing, and that such a (25) in workplace demographics will "lead to lower wages, poorer working conditions, and more instability."