问题 多项选择题

付某诉王某和甲公司人身损害赔偿一案中,付某称因为其在工作时间内被王某拍脑袋致受伤,要求王某赔付误工费、交通费及部分医疗费,甲公司对此承担连带责任。本案证据有:(1)付某提交的某市劳动保障局认定付某为工伤及工伤引起的医疗费应由职工所在公司支付的确认书;(2)付某提交的就诊医院关于付某外伤的诊断书及医疗费用票据;(3)付某提交的交通费、误工费票据;(4)王某称付某的伤为原本就有的,与他当时的行为无关;(5)甲公司称王某的行为与付某的伤之间没有因果关系,王某的行为属于非职务行为,并且甲公司不应当承担连带责任;(6)证人周某称王某当时轻拍了付某一下,然后付某就倒了。则对于以上证据,下列说法正确的是:

A.(1)(2)是书证、实物证据、直接证据,是原告的本证

B.(4)属于当事人陈述,是言词证据、直接证据和原始证据

C.(5)是当事人陈述,是原始证据、直接证据

D.(6)是言词证据、原始证据、直接证据

答案

参考答案:A,B,C,D

解析: 本题考点为言词证据与实物证据,本证与反证,直接证据与间接证据,原始证据与传来证据以及证据的法定种类。

单项选择题
填空题

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. Wahlquist 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 continue to______(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."