问题 不定项选择

(2007年)   2005年6月5日,1988年7月21日出生的高中一年级学生小龙,因寰宇公司的公交车司机张某紧急刹车而受伤,花去若干医疗费。2006年2月小龙伤愈继续上学,写了授权委托书给其父李某,让他代理其提起诉讼。李某以正当的诉讼参加人的身份于2006年3月对寰宇公司及其司机张某提起了诉讼,要求寰宇公司和张某承担违约责任。在诉讼进行中,李某将要求被告承担违约责任改为被告承担侵权责任,要求赔偿医疗费、护理费、误工费等各项费用共2.8万元。本案被告在答辩中认为,司机紧急刹车是因为行人陈某违章过路引起,责任应当由陈某承担,因此要求追加陈某作为无独立请求权的第三人参加诉讼。请回答以下4题。

A.小龙是原告,李某是原告的委托代理人,寰宇公司和张某是被告

B.小龙是原告,李某是原告的委托代理人,寰宇公司是被告

C.小龙是原告,李某是原告的法定代理人,寰宇公司和张某是被告

D.小龙是原告,李某是原告的法定代理人,寰宇公司是被告

答案

参考答案:D

解析:解析:《民事诉讼法》第57条规定,无诉讼行为能力人由他的监护人作为法定代理人代为诉讼。法定代理人之间互相推诿代理责任的,由人民法院指定其中一人代为诉讼。《民诉意见》第67条规定,在诉讼中,无民事行为能力人、限制民事行为能力人的监护人是他的法定代理人。本题中,因为小龙是1988年7月21日出生,到2005年6月25日,其尚未满18周岁,所以小龙属于限制民事行为能力人,应该由他的监护人作为法定代理人参加诉讼,AB说法是错误的。《民诉意见》第42规定,法人或者其他组织的工作人员因职务行为或者授权行为发生的诉讼,该法人或其组织为当事人。所以本题中,张某属于因职务行为发生诉讼,寰宇公司是被告。因此本题正确答案是D.

单项选择题
单项选择题

The most damning thing that can be said about the world’s best-endowed and richest country is that it is not only not the leader in health status, but that it is so low in the ranks of the nations. The United States ranks 18th among nations of the world in male life expectancy at birth, 9th in female life expectancy at birth, and 12th in infant mortality. More importantly, huge variations are evident in health status in the United States from one place to the next and from one group to the next.

The forces that affect health can be divided into four groupings that lend themselves to analysis of all health problems. Clearly the largest group of forces resides in the person’s environment. Behavior, in part derived from experiences with the environment, is the next greatest force affecting health. Medical care services, treated as separate from other environmental factors because of the special interest we have in them, make a modest contribution to health status. Finally, the contributions of heredity to health are difficult to judge.

No other country spends what we do per capita for medical care. The care available is among the best technically, even if used too freely and thus dangerously. Given the evidence that medical care is not that valuable and access to care not that bad, it seems most unlikely that our bad showing is caused by the significant proportion who are poorly served. Other hypotheses have greater explanatory power: excessive poverty, both actual and relative, and excessive wealth.

Excessive poverty is probably more prevalent in the U. S. than in any of the countries that have a better infant mortality rate and female life expectancy at birth. This is probably true also for all but four or five of the countries with a longer male life expectancy. In the notably poor countries that exceed us in male survival, difficult living conditions are a more accepted way of life and in several of them, a good basic diet, basic medical care and basic education, and lifelong employment opportunities are an everyday fact of life. In the U. S. a national unemployment level of 10 percent may be 40 percent in the ghetto while less than 4 percent elsewhere. The countries that have surpassed us in health do not have such severe problems. Nor are such a high proportion of their people involved in them.

Excessive wealth is not so obvious a cause of ill health, but, at least: until recently, few other nations could afford such unhealthful ways of living. Excessive intake of animal protein and fats, and use of tobacco and drugs, and dangerous recreational sports and driving habits are all possible only when one is wealthy. Our heritage, desires, and opportunities, combined with the relatively low cost of bad foods and speedy vehicles, make us particularly vulnerable. Our unacceptable health status, then, will not be improved appreciably by expanded medical resources nor by their redistribution so much as by a general attempt to improve the quality of life for all.

In discussing the forces that influence health, the author implies that medical care services are()

A. a special aspect of an individual’s environment

B. a function of an individual’s behavior pattern

C. becoming less important as technology improves

D. too expensive for most people