问题 多项选择题

下列哪些情形构成意思表示( )。

A.甲对乙说:我儿子如果考上重点大学,我一定请你喝酒

B.潘某在寻物启事中称,愿向送还失物者付酬金500元

C.孙某临终前在日记中写道:若离人世,愿将个人藏书赠与好友汪某

D.何某向一台自动售货机投币购买饮料

答案

参考答案:B,C,D

解析: 所谓意思表示是指行为能力适格者将意欲实现的私法效果发表的行为,意思表示所发表的意思,不是寻常的意思,而是体现为民法效果的意思,亦即关于权利义务取得、丧失及变更的意思,本题中A项请人喝酒的行为属于情谊行为,不构成意思表示。悬赏广告是指通过广告形式声明对完成广告中规定的特定行为的任何人给付广告中表明的报酬的行为,它是一种针对不特定人而发出的要约,属于意思表示,因此B正确。《继承法意见》第40条规定:“公民在遗书中涉及死后个人财产处分的内容,确为死者真实意思的表示,有本人签名并注明了年、月、日,又无相反证据的,可按自书遗嘱对待。”而遗嘱本身就是遗嘱人本身的意思表示,C正确。自动售货机的设置本身是一种要约,属于意思表示,D正确。本题正确答案是BCD。

填空题
阅读理解

People who speak or perform before the public sometimes may suffer from “Stage Fright. ” Stage fright makes a person nervous. In the worst case(情况) it can make one's mind go back and forget what one ought to say,  or to act. Actors, musicians, dancers, lawyers, even radio show hosts(节目主持人) have suffered from stage fright at one time or another.

Diana Nichols is an expert in helping people free from stage fright at a medical centre in New York City. She helps actors learn to control themselves. Miss Nichols says some people have always been afraid to perform before the audience. Others, she says, develop stage fright after a fearful experience.

She offers them ways to control the fear. One way is to smile before going onto the stage. Taking two deep breaths also helps. Deep breathing helps you get control of your body.

Miss Nichols persuades her patients to tell themselves that their speech or performance does not have to the perfect. It's all right to make a mistake. She tells them they should not be too cautions(谨慎的) while they are performing. It is important that they should continue to perform while she is helping them. After each performance, they discuss what happened and find out what advice helped and what did not. As they perform more and more, they will fear less and less as much as 50%. Miss Nichols says the aim is only to reduce stage fright, not to eliminate it completely. This is because a little stage fright makes a person more cautious, and improves the performance.

1 One who is suffering stage fright may        .

A. forget one's part before the audience

B. smile all the time on the stage

C. make a speech fast than ever

D. be cautious to improve his performance

2 The underlined word “eliminate” in the last paragraph means        .

A. keep          B. reduce           C. change          D. get rid of

3 The wrong way to overcome stage fright is        .

A. to smile before going to the stage.

B. to take two deep breaths to calm oneself

C. to pay less attention to one's mistakes in performance

D. to perform less and to watch more

4 Which of the following statements is right?

A. We can get rid of stage fright completely.

B. A little stage fright can make actors perform better.

C. We can reduce stage fright as much as one third.

D. A little stage fright leads to complete failure.