问题 多项选择题

(五)  我国万泉公司与日本双太公司在A市合资成立双龙公司,合资合同中约定,凡与合资合同有关的一切争议均应提交中国国际经济贸易仲裁委员会仲裁。随后万泉公司又与双太公司签订了一份货物买卖合同,因双太公司没有依合同约定付清货款,而产生纠纷。根据以上材料,请回答第98-100题:如果万泉公司在万泉公司住所地法院起诉该公司拖欠货款,且双太公司参加诉讼,法院进行了审理并作出判决,那么下列关于法院管辖权的表述正确的是:( )

A.法院行使管辖权是合理的,其理由在于民事诉讼法中的原告就被告原则

B.法院行使管辖权是合理的,其理由在于民事诉讼法中规定的应诉管辖

C.法院行使管辖权是错误的,原因在于有仲裁协议的存在,排除了法院管辖权

D.法院行使管辖权是合理的,其理由在于民事诉讼法中规定的牵连管辖

答案

参考答案:B

解析:[考点] 涉外民诉管辖 《民事诉讼法》第245条规定:“涉外民事诉讼的被告对人民法院管辖不提出异议,并应诉答辩的,视为承认该人民法院为有管辖权的法院。”本案中虽本来万泉公司并无管辖权,但原告起诉,被告不持异议并参加诉讼,应视为人民法院有管辖权。参见《仲裁法》第26条规定。

选择题
阅读理解

阅读理解。

     According to the American Automobile Association, since 1964 all cars sold in the United States have

been equipped with seat belts. (These are also called safety belts.) Mary studies of automobile accidents

have shown that safety belts can save lives. One study showed that forty percent of those killed in auto

accidents could have been saved if they had been wearing seat belts.

     Unfortunately belts are worn only by a small percentage of drivers and passengers-about fifteen percent

in cities, and only nine percent in small towns. And safety belts cannot protect people who do not wear them.

     In order to find out what kinds of people do wear seat belts a study was made in several cities of the

United States. The following facts were learned about those who use their safety belts:

     1. They do not smoke while driving.

     2. They have had more education than non-users.

     3. They know someone who was injured(but not killed)in an automobile accident.

     Advertisements based on these facts have been printed in newspapers and magazines in order to teach

people the importance of using seat belts. But these advertisements have not helped much. Some people

believe there should be a law requiring drivers and passengers to use safety belts. In Australia, where there

is such a law, deaths in auto accidents have decreased twenty-four percent.

1. This selection is mainly about _____.

A. automobiles in the United States

B. accidents involving cars

C. safety belts for drivers and passengers

D. parking problems

2. The selection says that in Australia _____.

A. about 50% of the drivers wear seat belts

B. the importance of seat belts is advertised in newspapers

C. few people use seat belts and magazines

D. a law requires drivers and passengers to use seat belts

3. People who live in small towns _____.

A. have fewer accidents than those who live in cities

B. are less likely to wear seat belts than those who live in cities

C. ten to favor the passing of a law to require the use of seat belts

D. often wear seat belts

4. In Australia, where there is such a law, deaths in auto accidents have decreased _____.

A. fifty percent

B. ten percent

C. fifteen percent

D. twenty-four percent