问题 问答题

某甲是一位养牛专业户,一日某甲的一头奶牛生了重病,医治数日未有好转,某甲害怕该牛的病有传染性,一旦传染给其他的牛,损失将会很惨重,因此某甲便将该牛抛弃在野外。某乙卖完牛回家途经此地时,发现了该病牛。某乙将该牛拉回自家中,经过精心喂养和医治,此牛病愈且成为了一头高产奶牛。事后,某甲听说此事,要求某乙将牛还给他,他愿如数支付某乙喂养该牛期间的合理费用,某乙回应,给出什么样的条件也坚决不答应返还该牛。问:
(1)某甲的要求是否合理为什么
(2)某乙的态度是否合法为什么

答案

参考答案:[答案要点] (1) 不合理。理由:因为该牛是某甲主动抛弃的,而非丢失的。如果是丢失或走失的,那么,某甲和某乙之间形成无因管理之债。本案中,该牛是由某甲抛弃的,因此某甲丧失了对该牛的所有权,某甲与某乙之间没有形成债的关系,某甲自然也不能以债权人的身份要求某乙返还该牛。
(2) 合法。理由:因为,某甲抛弃该牛的行为使其对该牛的所有权消灭,拾得该牛的行为是先占而取得,因此某乙对该牛拥有所有权,某乙有权拒绝返还该牛。

阅读理解

Text messaging, or simply “texting”, which allows people to send and receive messages on  mobile phones, becomes very popular today.

The advantages of texting are obvious. Texting helps to save money. If you have a few words to greet your families and friends on their birthdays or on some important festivals, sending messages can be cheaper than phone calling. Texting helps to save time. Even if you want to send a message to 100 people, you can do it one second. Texting helps you to “talk” to someone when he is too busy to answer the phone. Texting can also help you to “talk” to someone secretly if you don’t want others to hear what you are talking on the phone. These advantages are so amazing that many people are crazy about it. They hold mobile phones in hands all day long, send dozens of messages each day, and even text while driving or walking.

However, texting has its disadvantages. Junk messages may come into your mobile phone box now and then. When your phone box gets too full, you can’t receive any more messages. You may therefore miss some important information.

What’s more, if you don’t do texting properly, for example texting while driving or walking, it can be dangerous. It can cause injuries and even death. It was reported that about 6,000 people were killed and half a million were injured for this reason each year. In Fort Lee, a small town in New Jersey, USA, three people died because they walked into traffic while texting in 2011. Two researchers at Stony Brook University, New York found that texters are 60% more probably to have an accident than others. When people are texting, they don’t notice other people or things around them. To reduce traffic accidents, all drivers of the UN are now not allowed to text while driving. About 32 countries have passed laws restricting the use of mobile phones while driving.

Texting is a wonderful way of communication. However, only when we use it properly, can we fully enjoy the fun it brings.

小题1: How many advantages of texting are mentioned in the passage?

A.Two.

B.Three.

C.Four.

D.Five.小题2: What did the researchers at Stony Brook University find?

A.Texting is a good way of communication.

B.6,000 people were killed and injured.

C.Texters are easier to have an accident.

D.Many people text to greet families and friends.小题3: The underlined word restricting probably means _________.

A.not telling

B.not allowing

C.enjoying

D.making小题4: This passage is written to tell us that __________.

A.we should do less texting

B.texting has many advantages

C.texting is better than phone calling

D.we should do texting properly

单项选择题