问题 单项选择题

杨某自幼喜蛇,一日,其饲养的宠物蛇将前来串门的朋友宋某咬伤,宋某诉至法院要求杨某承担侵权责任,赔偿医疗费200元。在此诉讼中,杨某对以下哪一事实不承担举证责任 ( )

A.宋某并未被其宠物蛇咬伤

B.宋某对于自己被宠物蛇咬伤主观上有过错

C.宋某所花费的医疗费共计200元

D.邻居何某对于宠物蛇伤人有过错

答案

参考答案:C

解析:[考点] 举证责任的倒置 根据《民事诉讼法》第64条第1款规定:“当事人对自己提出的主张,有责任提供证据。”这是民事诉讼中的“谁主张,谁举证”的原则。但此原则有例外,《民诉意见》第74条规定,在下列侵权诉讼中,对原告提出的侵权事实,被告否认的,由被告负责举证:……(5)饲养动物致人损害的侵权诉讼……。 《民诉证据规定》第4条第1款第(五)项规定: “饲养动物致人损害的侵权诉讼,由动物饲养人或者管理人就受害人有过错或者第三人有过错承担举证责任。”因此B、D项应由被告杨某承担举证责任。而A项属于被告否认原告提出的侵权事实,也应由被告杨某承担举证责任。至于C项,属于原告宋某主张的自己受到损害的事实,应当由宋某举证。故本题正确答案为C。

阅读理解

阅读理解。

     A German dog in Alaska has been given a hero's award for saving his owner's house from

a fire.Buddy guided a team of firefighters through winding roads to the house in an isolated

(偏远的) area.

     That day,his owner Ben Heinrichs was working on his truck inside his garage when a spark

ignited some fuel and caught fire.

     Ben managed to run outside,closed the door to stop the fire from spreading and rolled in

the snow to put out the flames on his clothes.But he suddenly remembered the dog was still

in the workshop and ran back to fetch him.While Buddy escaped uninjured,his owner suffered

burns to his face and seconddegree burns to his left hand.

     The dog ran off after his master said he needed help.On the road he came across the

Alaskan firemen who had been called about the fire.But they had got lost and were about to

turn down the wrong road.When they caught sight of Buddy who made eye contact with

them and raced ahead down the right road,the firemen immediately followed him and he

often turned round to make sure they were behindhim.The dog's quick reaction saved the

family.

     " Buddy recognized how serious the situation was and acted bravely in getting help for

his family," said Officer Holloway at a ceremony to honor the dog.Buddy,whose good deed

was shown on a police car's video,was given a smart dog bowl as a reward,and a big bone.

     Ben said that he knew Buddy was clever and added that Buddy was brave too,having

twice driven bears away when he was fishing.

1.From the passage we learn that________.

A.Ben was a German

B.Buddy called the police

C.Ben's house is hard to find

D.Buddy is cleverer than Ben thought

2.What does the underlined word "ignited" in Paragraph 2 mean?

A.To make a mistake.

B.To make something more serious.

C.To stop something from happening.

D.To cause something to burn.

3.Ben ran back into the garage because________.

A.he wanted to save his whole family

B.he wanted to put out the fire himself

C.he wanted to save his dog Buddy

D.he heard someone calling "help"

4.What can we infer from the passage?

A.The dog has never been so brave before.

B.The dog has saved his owner's life before.

C.The firemen didn't believe a dog would know the way.

D.The firemen didn't know what the dog was trying to tell them at first.

5.What's the purpose of the ceremony?

A.To honor the dog Buddy.

B.To honor the firemen.

C.To honor Ben.

D.To encourage people to keep dogs.

选择题