问题 多项选择题

三个小孩在公路边玩耍,此时,一辆轿车急速驶过,三小孩捡起石子向轿车扔去,坐在后排座位的刘某被一石子击中。刘某将三小孩起诉至法院。关于本案举证责任分配,下列哪些选项是正确的?

A.刘某应对三被告向轿车投掷石子的事实承担举证责任

B.刘某应对其所受到损失承担举证责任

C.三被告应对投掷石子与刘某所受损害之间不存在因果关系承担举证责任

D.三被告应对其主观没有过错承担举证责任

答案

参考答案:A,B,C

解析:根据民事诉讼“谁主张,谁举证”的举证责任分配规则,刘某要对三被告向轿车投掷石子的事实和其本身受到的损失承担举证责任,A和B的说法正确。《最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》第4条规定,二人以上共同实施危及他人人身安全的行为并造成损害后果,不能确定实际侵害行为人的,应当依照民法通则第一百三十条规定承担连带责任。共同危险行为人能够证明损害后果不是由其行为造成的,不承担赔偿责任,由此C的说法正确。根据《最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》第4条举证责任分配的规定,三被告的免责事由是损害后果不是由其行为造成的,而非是主观没有过错,因此,D的说法错误,不当选,本题正确答案是ABC.

阅读理解

 

C

New York City was dealing with a growing public health threat Sunday after tests confirmed (证实) that eight students at a private Catholic high school had contracted(感染)the same strain of the AH1N1 flu that has ravaged (重创) Mexico . Some of the school’s students had visited Cancun on a spring break trip two weeks ago .

Officials reported 68 U.S. cases of AH1N1 flu in five states so far , with the latest in Ohio and New York . Unlike in Mexico , cases in the United State have been mild – and U.S. health authorities can’t yet explain why .

In New York City , Centers for Disease Control and Prevention confirmed that there were 45 cases , Mayor Michael Bloomberg said .

About 100 students at St. Francis Preparatory School complained of flu-like symptoms(症状) ; further tests will determine how many of those cases are AH1N1 flu. St. Francis is the largest private Catholic high school in the nation , with 2, 700 students . The school canceled classes on Monday and Tuesday in response to the outbreak .

Bloomberg stressed that the New York cases were mild and many are recovering , but said that some family members of students also had flu symptoms .

In Mexico , health officials say a strain of AH1N1 flu has killed up to 160 people and sickened over 2, 000 . New York officials said the flu strain discovered in the patients here is the same strain as in Mexico , though all the New York cases are mild .

AH1N1 flu is a respiratory (呼吸道) disease of pigs caused by type A flu viruses . Human cases are uncommon but can occur in people who are around pigs . It also can be spread from person to person . Symptoms include a high fever , body aches , coughing , sore throat and respiratory congestion .

49.The passage seems to suggest that _________ .

New York City hasn’t done enough to prevent the disease

the AH1N1 flu in the U.S. likely came from Mexico

people appear to have immunity (免疫力) to the virus

children are likely to be infected with the AH1N1 flu

50. What did St. Francis do in response to the outbreak ?

A. The school called off courses .

B. The school handed out masks to every student .

C. The school planned another trip to Cancun .

D. The infected students were required to stay at home .

51.Compared with cases in the U.S. cases in Mexico are _________ .

A. milder      B. more typical     C. more severe      D. more gentle

52. Which is the main idea of the article ?

A. AH1N1 flu is spreading quickly globally .

B. Many people died of AH1N1 flu in Mexico

C. How does AH1N1 flu spread ?

D. AH1N1 flu is confirmed in New York City

问答题 简答题