问题 单项选择题

原告有一子一女。2002年,原告和被告因房屋所有权纠纷而诉至法院。在诉讼期间,原告因病住院,几天后死于心肌梗塞。在这种情况下,法院应当依法:

A.缺席判决

B.延期审理

C.中止诉讼

D.终结诉讼

答案

参考答案:C

解析:理由:本题考查缺席判决、延期审理、诉讼中止和诉讼终结几种情形的区别。缺席判决是指人民法院在一方当事人无正当理由拒不参加法庭审理的情况下,依法作出判决,因此不能适用于原告死亡的情况。根据《民事诉讼法》第132条,“有下列情形之一的,可以延期开庭审理: (一)必须到庭的当事人和其他诉讼参与人有正当理由没有到庭的;(二)当事人临时提出回避申请的;(三)需要通知新的证人到庭,调取新的证据,重新鉴定、勘验,或者需要补充调查的; (四)其他应当延期的情形。”根据《民事诉讼法》第136条,“有下列情形之一的,中止诉讼:(一)一方当事人死亡,需要等待继承人表明是否参加诉讼的;(二)一方当事人丧失诉讼行为能力,尚未确定法定代理人的;(三)作为一方当事人的法人或者其他组织终止,尚未确定权利义务承受人的;(四)一方当事人因不可抗力的事由,不能参加诉讼的;(五)本案必须依另一案的审理结果为依据,而另一案尚未审结的;(六)其他应当中止诉讼的情形。”《民事诉讼法》第147条规定,“有下列情形之一的,终结诉讼:(一)原告死亡,没有继承人或者继承人放弃诉讼权利的; (二)被告死亡,没有遗产,也没有应当承担义务的人的;(三)离婚案件一方当事人死亡的;(四)追索赡养费、扶养费、抚育费以及解除收养关系案件的一方当事人死亡的。”从以上规定可知,如果原告死亡而没有继承人或者继承人放弃诉讼权利的,应当终结诉讼;如果原告死亡有继承人需要等待继承人表明是否参加诉讼的,则应当中止诉讼。

选择题
填空题

In America there are no nobles or men of letters, and the common folk mistrust the wealthy. Consequently, (1) form the highest political class, and the most cultivated circle of society. They have therefore (2) by innovation, which adds a conservative interest to their natural taste for (3) . If I were asked where I place the American aristocracy, I should reply (4) that it is not composed of the rich, who are united together by (5) , but that it occupies the judicial bench and the bar.
When I started researching this topic, I found an interesting (6) Legal Reform Now. As the name suggests, this web site is devoted to (7) , and it is definitely concerned about the dominance of lawyers in (8) . There I read an article by a (9) from the University of Wisconsin. One observation the UW article (10) is that the legal profession is the dominant profession of the people (11) to public office. For example, about half our representatives and (12) of our senators are lawyers. No other profession (13) having the same number of people in political office.
Effectively, lawyers form our nation’s (14) organized political constituency in America. Lawyers (15) and lawyers interpret our laws. When judges are appointed, the American Bar Association is the only (16) that is consulted to rate the fitness of potential judicial appointees.
Our nation has been in existence for (17) and lawyers have been this nation’s aristocracy since its (18) . Our system works, but do we really want to have a single profession (19) our nation. Specifically, do we want to have the legal profession in charge (20) , that is something to think about.

In America there are no nobles or men of letters, and the common folk mistrust the wealthy. Consequently, (1) form the highest political class, and the most cultivated circle of society. They have therefore (2) by innovation, which adds a conservative interest to their natural taste for (3) . If I were asked where I place the American aristocracy, I should reply (4) that it is not composed of the rich, who are united together by (5) , but that it occupies the judicial bench and the bar.
When I started researching this topic, I found an interesting (6) Legal Reform Now. As the name suggests, this web site is devoted to (7) , and it is definitely concerned about the dominance of lawyers in (8) . There I read an article by a (9) from the University of Wisconsin. One observation the UW article (10) is that the legal profession is the dominant profession of the people (11) to public office. For example, about half our representatives and (12) of our senators are lawyers. No other profession (13) having the same number of people in political office.
Effectively, lawyers form our nation’s (14) organized political constituency in America. Lawyers (15) and lawyers interpret our laws. When judges are appointed, the American Bar Association is the only (16) that is consulted to rate the fitness of potential judicial appointees.
Our nation has been in existence for (17) and lawyers have been this nation’s aristocracy since its (18) . Our system works, but do we really want to have a single profession (19) our nation. Specifically, do we want to have the legal profession in charge (20) , that is something to think about.