问题 单项选择题

郭某因受人侮辱而向法院提起诉讼,要求追究行为人许某的刑事责任,在人民法院受理案件时,郭某委托了一名律师代理自己诉讼,对于该律师接受委托,参与诉讼这个问题,下述错误的是:

A.该律师必须向人民法院提交由郭某签名或盖章的委托书

B.可代郭某出庭参加法庭审理

C.可在法庭上与被告人许某及其辩护人展开辩论

D.可在一审判决后,独立提出上诉

答案

参考答案:D

解析:《刑诉解释》第50条规定:诉讼代理人应当向人民法院提交由被代理人签名或者盖章的委托书;如果被代理人是附带民事诉讼当事人的,诉讼代理人应当向人民法院提交由被代理人签名或者盖章的授权委托书。   第232条规定:地方各级人民法院在宣告第一审判决、裁定时,应当明确告知被告人、自诉人、附带民事诉讼的当事人和他们的法定代理人,如果不服判决或者裁定,有权在法定期限内以书状或者口头形式向上一级人民法院提出上诉;被告人的辩护人和近亲属在法定期限内经被告人同意,也可以提出上诉;附带民事诉讼的当事人和他们的法定代理人,可以对判决或者裁定中的附带民事部分,提出上诉。被告人、自诉人、附带民事诉讼的当事人和他们的法定代理人是否上诉,以他们在上述期满前最后一次的意思表示为准。   依此以及相关规定,选项A、B、C均是代理人的权利;而作为郭某的代理人,律师本人无权提出上诉,但可以在征得自诉人同意后,代自诉人提起上诉。故只有D项符合题意,为正确答案。

阅读理解

Some students get so nervous before a test; they do poorly even if they know the material. Sian Beilock has studied these highly anxious test-takers.

Sian Beilock: “They start worrying about the consequences. They might even start worrying about whether this exam is going to prevent them from getting into the college they want. And when we worry,it actually uses up attention and memory resources. I talk about it as your cognitive horsepower that you could otherwise be using to focus on the exam.”

Professor Beilock and another researcher,Gerardo Ramirez,have developed a possible solution. Just before an exam,highly anxious test-takers spend ten minutes writing about their worries about the test.

Sian Beilock: “What we think happens is when students put it down on paper,they think about the worst that could happen and they reappraise the situation. They might realize it’s not as bad as they might think it was before and,in essence(本质上),it prevents these thoughts from popping up when they’re actually taking a test.”

The researchers tested the idea on a group of twenty anxious college students. They gave them two short math tests. After the first one, they asked the students to either sit quietly or write about their feelings about the upcoming second test.

The researchers added to the pressure. They told the students that those who did well on the second test would get money. They also told them that their performance would affect other students as part of a team effort.

Professor Beilock says those who sat quietly scored an average of twelve percent worse on the second test. But the students who had written about their fears improved their performance by an average of five percent.

Next, the researchers used younger students in a biology class. They told them before final exams either to write about their feelings or to think about things unrelated to the test.

Prefessor Beilock says highly anxious students who did the writing got an average grade of  B+,compared to a B- for those who did not.

Sian Beilock: “What we showed is that for students who are highly test-anxious,who’d done our writing intervention(排解),all of a sudden there was no relationship between test anxiety and performance. Those students most likely to worry were performing just as well as their classmates who don’t normally get nervous in these testing situations.”

But what if students do not have a chance to write about their fears immediately before an exam or presentation? Professor Beilock says students can try it themselves at home or in the library and still improve their performance.

小题1:Which of the following is TRUE?

A.The result in the math test agrees with that in the biology test.

B.In the first math test, students who sat quietly performed better.

C.In the second math test, students who wrote about their feelings did worse.

D.Some college students are highly anxious test-takers while others are not in the tests.小题2:What may happen if students have the problem of test anxiety?

A.Test anxiety is sure to cause students to fail the test.

B.Test anxiety can improve students’ performance to some degree.

C.Students’ attention and memory resources run out when worried.

D.Students may not be admitted into their favorite college if worried小题3:The result of the research suggests that ________.

A.proper amount of burden may turn out to be a good thing

B.facing the fears bravely may help one to achieve more

C.avoiding facing the problem may contribute to relaxation

D.taking no action before difficulty may result in success小题4:What is the main idea of the passage?

A.It is important for students to overcome test anxiety.

B.Anxious students overcome test anxiety by writing down fears.

C.It is a common practice for students being worried before a test.

D.Being worried before tests does harm to students’ performance.

问答题 简答题