问题 多项选择题

当事人对已经发生法律效力的判决、裁定,认为有错误的,可以向上一级人民法院申请再审。根据民事诉讼法及相关规定,当事人的再审申请符合下列哪些情形的,人民法院应当再审()

A.对审理案件需要的证据,当事人因客观原因不能自行收集,书面申请人民法院调查收集,人民法院未调查收集的

B.原判决、裁定超出诉讼请求的

C.应当参加诉讼的当事人,因不能归责于本人或者其诉讼代理人的事由,未参加诉讼的

D.原判决、裁定认定事实的主要证据未经质证的

答案

参考答案:A, B, C, D

解析:

法院应当再审的事由

《民事诉讼法》第178条:“当事人对已经发生法律效力的判决、裁定,认为有错误的,可以向上一级人民法院申请再审,但不停止判决、裁定的执行。”《民事诉讼法》第179条:“当事人的申请符合下列情形之一的,人民法院应当再审:(一)有新的证据,足以推翻原判决、裁定的;(二)原判决、裁定认定的基本事实缺乏证据证明的;(三)原判决、裁定认定事实的主要证据是伪造的;(四)原判决、裁定认定事实的主要证据未经质证的;(五)对审理案件需要的证据,当事人因客观原因不能自行收集,书面申请人民法院调查收集,人民法院未调查收集的;(六)原判决、裁定适用法律确有错误的;(七)违反法律规定,管辖错误的;(八)审判组织的组成不合法或者依法应当回避的审判人员没有回避的;(九)无诉讼行为能力人未经法定代理人代为诉讼或者应当参加诉讼的当事人,因不能归责于本人或者其诉讼代理人的事由,未参加诉讼的;(十)违反法律规定,剥夺当事人辩论权利的;(十一)未经传票传唤,缺席判决的;(十二)原判决、裁定遗漏或者超出诉讼请求的;(十三)据以作出原判决、裁定的法律文书被撤销或者变更的。对违反法定程序可能影响案件正确判决、裁定的情形,或者审判人员在审理该案件时有贪污受贿,徇私舞弊,枉法裁判行为的,人民法院应当再审。”所以,选项A、B、C、D正确。

单项选择题 A3/A4型题
阅读理解

阅读理解。

     No one wants to be tested. We would all like to get a driver's license without answering questions

about rights of way or showing that we can parallel park a car. Many future lawyers and doctors

probably wish they could join their profession without taking an exam.

     But tests and standards are a necessary fact of life. They protect us from unskilled drivers, harmful

products and dishonest professionals. In schools too exams play a constructive role. They tell public

officials whether new school programs are making a difference and where new investments are likely to

pay off. They tell teachers what their students have learned--and have not. They tell parents how their

children are doing compared with others of their age. They encourage students to make more effort.

     It is important to recall that for most of century, educators used intelligence tests to decide which

children should get a high-quality education. The point of IQ testing was to find out how much children

were capable of learning rather than to test what they had actually learned. Based on IQ scores, millions

of children were assigned to dumbed-down (学术挑战较小的) programs instead of solid courses in

science, math, history, literature and foreign language.

     This history reminds us that tests should be used to improve education. Every child should have access

to a high - quality education. Students should have full opportunity to learn what will be tested; otherwise

their scores will merely reflect whether they come from an educated family.

     In the past few years, we have seen the enormous benefits that flow to disadvantaged students

because of the information provided by state tests. Those who fall behind are now getting extra instruction

in after - school classes and summer programs. In their efforts to improve student performance, states are

increasing teachers' salaries, testing new teachers and insisting on better teacher education.

     Performance in education means the mastery of both knowledge and skills. This is why it is reasonable

to test teachers to make sure they know their subject matter, as well as how to teach it to young children. And this is why it is reasonable to assess whether students are ready to advance to the next grade or

graduate from high school.

1. According to the passage, school exams enable ______.

A. governments to make right policies

B. students to meet their teachers' requirements

C. teachers to understand if their students have made efforts

D.parents to compare their kids' achievements across schools

2.Which of the following does the author probably agree with?

A. Disadvantaged students can benefit from state tests.

B. Tests should focus on what students have actually learned.

C. Intelligent tests decide if children should get a high - quality education.

D. Intelligent tests are helpful in separating excellent students from poor ones.

3. What is the purpose of the passage?

A. To re - assess the value of IQ testing.

B. To defend the role of testing in education.

C. To explain what high - quality education means.

D. To call for thorough and complete reform in education.