问题 单项选择题

A公司以B公司为被告向人民法院提起诉讼,要求其承担保证责任。法院受理此案后依法开庭审理并作出判决,由B公司偿还债务及利息、违约金等共计570万元。B公司不服提起上诉,二审法院经过审理后认为,一审法院认定事实清楚、适用法律正确,程序合法,此时应当依法:

A.裁定驳回起诉

B.判决驳回上诉,维持原判决

C.裁定驳回上诉,维持原判决

D.判决驳回上诉,不予受理

答案

参考答案:B

解析:本题考查的是裁判的种类及其适用。根据《民事诉讼法》第153条的规定,“第二审人民法院对上诉案件,经过审理,按照下列情形,分别处理:(一)原判决认定事实清楚,适用法律正确的,判决驳回上诉,维持原判决;(二)原判决适用法律错误的,依法改判;(三)原判决认定事实错误,或者原判决认定事实不清,证据不足,裁定撤销原判决,发回原审人民法院重审,或者查清事实后改判;(四)原判决违反法定程序,可能影响案件正确判决的,裁定撤销原判决,发回原审人民法院重审。”因此本案应当判决驳回上诉,维持原判决。

判断题
单项选择题


With the understanding of phobias has come a magic bag of treatments: exposure therapy that can stomp out a lifetime phobia in a single six-hour session; virtual-reality programs that can safely simulate the thing the phobia most fears, slowly stripping it of its power to terrorize; new medications that can snuff the brain’s phobic spark before it can catch.
In the past year, the U. S. Food and Drug Administration approved the first drug—an existing antidepressant.
Most psychologists now assign phobias to one of the three broad categories: social phobias, in which the sufferer feels paralyzing fear at the prospect of social or professional encounters; panic disorders, in which the person is periodically blindsided by overwhelming fear for no apparent reason; and specific phobias—fear of snakes and enclosed spaces and heights and the like.
If you are living with a generalized sense of danger, it can be profoundly therapeutic to find a single object on which to deposit all that unformed fear—a snake, a spider and a rat. A specific phobia becomes a sort of backfire for fear, a controlled blaze that prevents other blazes from catching.
But a condition that is so easy to pick up is becoming almost as easy to shake, usually without resort to drugs. What turns up the wattage of a phobia the most is the strategy the phobias rely on to ease their discomfort: avoidance. The harder phobics work to avoid the things they fear, the more the brain grows convinced that the threat is real.
Progress in treating social-anxiety disorder is also providing hope for the last—and most disabling—of the family of phobias: panic disorder. Panic disorder is to anxiety conditions what a tornado is to weather conditions: a devastating sneaks havoc and then simply vanishes. Unlike the specific phobic and the social phobic who know what will trigger their fear, the victim of panic attacks never know where or when one will hit. Someone who experiences an attack in, say, a supermarket will often not return there, associating the once neutral place with the traumatic event. But the perceived circle of safety can quickly shrink, until sufferers may be confined entirely to their homes. When this begins to happen, panic disorder mutates into full-blown agoraphobia. The treatment for agoraphobia is much the same as it is for social phobia: cognitive-behavioral therapy and drugs.

The word "blindsided" underlined in Paragraph 3 means ______ .

A.terrorized

B.haunted

C.hit

D.caught