问题 单项选择题

2007年,甲房地产开发公司(以下简称甲公司)依法取得一宗城镇商住综合用地,面积35亩,出让价185万元/亩,土地使用权年限为该类用地的法定最高年限,出让年限从2007年2月起计。甲公司用该宗地上的在建工程进行抵押贷款。2008年3月12日,经评估,在建工程的市场价值为8000万元,其中在建工程拖欠工程款2000万元。2011年5月,人民法院查封其土地,并对其地上建筑物拍卖抵债,并委托某房地产估价机构评估其市场价值为6800万元。

首次拍卖流拍,再次拍卖,拍卖保留价应当不低于( )万元。

A.4352

B.4800

C.5120

D.5440

答案

参考答案:A

解析:2011年年5月,人民法院查封其土地及其地上建筑物拍卖抵债,并委托某房地产估价机构评估其市场价值为6800万元。人民法院确定保留价,第一次拍卖时,不得低于评估价格或者市价的80%;如果出现流拍,再行拍卖时,可以酌情降低保留价,但每次降低的数额不得超过前次保留价的20%。6800×80%×(1-20%)=4352(万元)。

单项选择题
单项选择题

Questions 71-80 are based on the following passage.
A federal judge on Monday certified a $ 200 billion class action lawsuit against the tobacco industry for its marketing of light cigarettes.
Eastern District of New York Judge Jack B. Weinstein’s 540-page opinion in Schwab v. Philip Morris USA, Inc. , 04-CIV-1945—which included an additional 965 pages of appendices for a total of 1,505 pages-gave tens of millions of smokers an avenue to recover damages from the nation’s largest tobacco companies, including Philip Morris USA Inc. , R. J. Reynolds Tobacco Co. , Lorillard Tobacco Co. , and Liggett Group, Inc.
The class will include anyone who purchased light cigarettes from the time tobacco companies began selling them in the 1970s. The judge said he even would consider broadening the class, to encompass smokers of all "low tar" brands, not just light cigarettes. The judge suggested that an expansion of the class could assist the parties in negotiating a global settlement. He set a trial date for January 22, 2007. The plaintiffs intend to seek treble damages.
Weinstein has expressed skepticism about the plaintiffs’ theory of damages, which alleges that light smokers were defrauded of billions because they believed they were buying a product of greater value because of its health advantages. The judge also questioned the size of the class, as well as the claim that as many as 90 percent of light cigarette smokers chose the cigarettes because they were less harmful.
In his ruling Monday, the judge stressed that while the suit was far from perfect, the evidence was sufficient. He said the jury system—which he described as the "ultimate focus group of the law"—was well equipped to sort out the particulars in accordance with Amendment VII of the U. S. Constitution.
Weinstein declined to grant an interlocutory appeal to the 2nd U. S. Circuit Court of Appeals. Theodore M. Grossman of Jones Day in Cleveland, which represents R J. Reynolds, said the defendants would seek a stay and appeal the class certification under Rule 23 (f) of the Federal Rules of Civil Procedure.

From the beginning of the passage, we learn that Jack B. Weinstein most probably is ______.

A.a federal judge

B.a New York lawyer

C.a report writer

D.an Eastern District judge