问题 多项选择题

下列案件中,法院不能作出缺席判决的有:()

A.无民事能力人小李被起诉离婚,其法定代理人大李不能到庭参加诉讼

B.甲邀请乙和丙来自己家里做客,乙和丙因为发生口角而将乙激怒,乙砸坏了甲新买的电视机,甲起诉至法院,请求乙赔偿,法院并依职权将丙加入了诉讼程序,乙在开庭审理时没有出现,经法院询问后,也无正当理由

C.张小明(8岁)往窗外扔石块,砸坏了停在楼下的一辆汽车,车主起诉,张小明的父亲经传唤,告知法院因工作需要临时到外地调研无法到庭;母亲则长期在国外工作,无法回国

D.王三与赵四因合同履行发生纠纷,李五主张该合同标的物为其所有,申请参加了诉讼,但李五在开庭审理时未经审判人员许可中途退庭

答案

参考答案:C, D

解析:考查缺席判决,人民法院裁定不准许撤诉的,原告经传票传唤,无正当理由拒不到庭的,可以缺席判决,故A项不符合题意。原告经传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,可以按撤诉处理;被告反诉的,可以缺席判决,故B项不符合题意。无民事行为能力的当事人的法定代理人,经传票传唤无正当理由拒不到庭的,如属原告方,按撤诉处理;如属被告方,缺席判决,小明的监护人有正当理由无法到庭,故C项符合题意。有独立请求权第三人经人民法院传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,按撤诉处理,故D项符合题意。

单项选择题
填空题

How many of us would temp for three years while we waited for the perfect job Not many of us, perhaps. But Wentworth Miller, the "Prison Break" star, said he chose to wait even longer time (1) he found the right job.
"Actually I think it might have been three or four years until I was lucky enough to get guest (2) on TV shows," said Miller, 34, who rose to international stardom (3) to "Prison Break" in 2006. That kind of patience and p will was portrayed in "Prison Break". Miller (4) engineering wizard Michael Scofield, who tries everything to break out of a Chicago (5) with his brother. Miller said he was fond of his character, (6) he said "exists in shades of grey".
Miller comes from a (7) of teachers. He said he didn’t seem fated for a career in the arts, (8) his passion for acting. After (9) from Princeton with an English degree, he moved (10) his parents’ request to Los Angeles to look for a stable life. He started (11) in a little company that made television movies. This (12) simply faxing, filing, walking the boss’ dog and going to the store for the boss’ lunch. Every weekend during the summer, Miller (13) go to the office (14) he didn’t have air-conditioning. "I would hang (15) in the conference room and set up camp and rob the company kitchen," recalled Miller.
(16) , Miller realized he still had questions about his choice. He decided to quit. But the boss said he was making a mistake and offered him a well-paid assistant position. "I eventually (17) that if I did the corporate job, it would be great if I was successful, but I would always wonder about the (18) . If I did the acting and was successful, I would never wonder (19) that job," he explained. He quit and temped (20) many people in the entertainment industry.
Now, he’s a hot star and has people coming up to him at film festivals saying, "Weren’t you the one who (21) to stand by the copy machine "
"That was tough, but I’m glad I have that perspective. Because now I’m at a point (22) big shots laugh at all my jokes and I think, You know, I got coffee for people like you for six years’. So I know what’s (23) , because I’ve seen the other side." But what if, when he was offered the corporate job, there had been more money "It was never about the (24) There’s a kind of excitement that comes along with acting. I can’t find it anywhere else. Even if I had to go back to temping, even if this is not the beginning of an amazing career, I would not (25) making that jum
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