问题 单项选择题

甲公司与乙公司订立购销合同,在合同中订立了仲裁条款,约定如发生争议,应提交仲裁机构仲裁。后双方发生合同争议,甲公司遂向某人民法院起诉,但未声明有仲裁协议,人民法院受理后,乙公司又应诉答辩。一审判决后,乙公司以一审法院无管辖权,程序违法为由,提起上诉。根据上述情况,二审法院应如何处理

A.应撤销原判,发回重审

B.应撤销原判,交由仲裁机构仲裁

C.应维持原判

D.应予以改判

答案

参考答案:C

解析:依《仲裁法》第26条规定,当事人虽订有仲裁协议,但一方向人民法院起诉,另一方在首次开庭前未提出管辖异议的,视为放弃仲裁协议,人民法院有权受理。故在本案情形下,二审法院应驳回乙公司的上诉请求,维持原判。

阅读理解

根据短文内容,选择最佳答案。

     One day an Indian went to his doctor. The doctor looked him over and said, "Medicine (药)won't help

 you. You must have a good rest. Go to a quiet place for a month, go to bed early, drink milk, walk a lot,

  and smoke (吸) only one cigar (烟) a day. "

     A month later the Indian came to see the doctor again.  "How are you?"said the doctor, "I'm glad to see

  you again. You look much younger. " "Oh, doctor,I feel quite well now!"said the Indian.  "I had a good

 rest. I went to bed early,I drank a lot of milk. I walked a lot . You certainly helped me. But you told me

 to smoke one cigar a day,and that one cigar a day almost killed (杀死) me at first. It was no joke to begin

 smoking at my age. "

1. One day an Indian ______. 

    A. wasn't feeling well    

    B. went to see a friend    

    C. felt very tired  

    D. went to his doctor and helped him

2. His doctor ______. 

    A. could not help him  

    B. was good to him    

    C. told him what to do  

    D.  was glad to see him 

3. When the Indian came to see the doctor again ______. 

    A. the Indian was younger    

    B. the doctor was not free   

    C. the Indian  felt quite well   

    D. the doctor looked him over

4. The Indian told the doctor______. 

    A. he liked doing all those things    

    B. he almost killed him    

    C. to smoke one cigar a day  

    D. one cigar a day was very difficult at the beginning

5. From this story we can guess______. 

    A. the Indian was not a young man    

    B. the doctor was very interesting    

    C. the doctor was a good one   

     D. the Indian didn't smoke at first

单项选择题 A1/A2型题