问题 单项选择题

下列案件中人民法院应当受理的有:

A.小张起诉小王,在诉讼过程中二人达成协议,小张撤诉,小王当即履行了协议中的承诺。半个月后,小张以同一诉讼请求再次起诉

B.张兰以其夫李锋违反了《婚姻法》规定的夫妻应当互相忠实的义务为由,向人民法院提起诉讼要求赔偿其精神损失

C.王某因故意伤害罪被判处有期徒刑5年,服刑中被害人李某向法院提起民事诉讼,要求王某赔偿精神损失10万元

D.黄某发现自己的儿子由于沉溺于三国公司的网络游戏,在家做功课时经常注意力不集中,学习成绩也下降了,于是黄某向法院起诉三国公司

答案

参考答案:A

解析:[考点] 受理
《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。原告撤诉或者按撤诉处理的离婚案件,没有新情况、新理由,六个月内又起诉的,可依照民事诉讼法第一百一十一条第(七)项的规定不予受理。”故A项正确。《婚姻法解释(一)》第3条规定:“当事人仅以婚姻法第四条为依据提起诉讼的,人民法院不予受理;已经受理的,裁定驳回起诉。”故B项中的情形法院不应受理。最高人民法院《关于人民法院是否受理刑事案件被害人提起精神损害赔偿民事诉讼问题的批复》中规定,对于刑事案件被害人由于被告人的犯罪行为而遭受精神损失提起的附带民事诉讼,或者在该刑事案件审结以后,被害人另行提起精神损害赔偿民事诉讼的,人民法院不予受理,所以C项不符合题意。依《民事诉讼法》第108条规定,起诉的条件之一是原告与案件有直接利害关系。但本案中,黄某儿子学习成绩下降很难认定就是三国公司造成的,三国公司也不存在侵犯黄某权益的行为,即黄某与之并没有直接的利害关系。因此,应选A项。

阅读理解

    Long ago,Bluebird's feathers were the colour of dust. She did not like her ugly colour.She was attracted

by the colour of the lake near her home. It was as blue as the sky after a storm. Bluebird wanted to be the

colour of that beautiful lake very much.

    Flapping her wings one morning, Bluebird flew from her tree to the blue lake. Then she bathed in the water

three times. After each bath, she sang, "Blue water. Still water. I went in. I am blue. " Bluebird repeated this every

morning. On the third day, she came out the lake with beautiful blue feathers.

    Now Coyote was a trickster (骗子) —and hungry too. He stayed behind Bluebird 's tree for a long time every

day and watched her go to the lake. He pretended (伪装) to be interested in everything she did. He wanted Bluebird

for lunch, but he was afraid of the blue water.

    On the third Morning, Coyote saw Bluebird come out of the lake with beautiful blue feathers. Impressed, he

sat next to Bluebird's tree and waited for her. When she returned, he asked, "How did you get blue feathers? I

want to be blue like the mountains too. "Bluebird didn't believe Coyote, but she taught him how to bathe three

times each morning and how to sing her song. Coyote did what she said, and after three days of bathing in the

lake, his white fur turned deep blue.

    Convinced (确信的) that blue fur was even more beautiful than blue feathers, Coyote forgot all about being

hungry. He ran as fast as he could to the top of the hill. Standing on his back legs, he raised his front legs off

the ground and howled. But Coyote slipped (滑倒) and rolled down the hill. He couldn't stop himself,and the dust

and dirt covered his new blue fur. He rolled and rolled until he hit into Bluebird's tree heavily. No matter how

much he tried, foolish Coyote could not shake the dust from his fur. And so the fur of all coyotes has the dull

colour of dust to this very day.

1. How many times did Bluebird bathe every morning before she had beautiful blue feathers?

A. Three times.

B. Four times.

C. Five times.

D. Six times.

2. Why was Coyote a trickster?

A. He wanted to fly like Bluebird near the mountains.

B. He wanted to eat Bluebird but pretended to be curious.

C. He wanted to swim in the lake but was afraid of the water.

D. He wanted to sing Bluebird's song but didn't know the words.

3. Where did Coyote go after his fur turned blue?

A. To the lake.

B. To the tree.

C. To the cave.

D. To the hill.

4. Why did Coyote forget all about being hungry?

A. Because his fur had the dull colour of dust.

B. Because the dust and dirt covered his new blue fur.

C. Because he hit into Bluebird's tree and hurt himself.

D. Because he thought blue fur was much more beautiful.

5. What words does the writer use to help you imagine the colour blue?

A. sky,lake,mountains

B. bird,coyote,storm

C. flapped,climbed,bathed

D. fur,feathers,dust

选择题