问题 问答题

居住在甲市A区的乔小伟从事汽车修理业,其所开的汽车修理铺位于甲市C区。该汽车修理铺的个体工商户营业执照所登记的业主是其兄乔大伟(居住在甲市B区),乔大伟实际上并不经营汽车修理。乔小伟为了承揽更多的业务,与乡办集体企业正华汽车修理厂(位于甲市L县)签定了一份协议,约定乔小伟的汽车修理铺可以以正华汽车修理厂的名义从事汽车修理业务,乔小伟每年向正华汽车修理厂交管理费2万元。2002年1月,乔小伟雇佣的修理工钱财旺(常年居住在甲市D区),为客户李有良(居住在甲市E区)修理一辆捷达车。修好后,钱财旺按照工作程序要求在汽车修理铺前试车时,不慎将车撞到了一棵大树上,造成汽车报废,钱财旺自己没有受伤。相关各方就如何赔偿该汽车损失发生纠纷,未能达成协议。现李有良拟向法院起诉。问:

若有管辖权的法院之间就本案管辖权问题发生了争议,应如何确定管辖法院

答案

参考答案:法院发生管辖争议时,先由各方协商解决,协商解决不了的,报请它们的共同上级人民法院指定。

解析:由争议方协商解决,协商不成的,报请其共同的上级法院指定管辖。《民诉法》第37条第2款规定:“人民法院之间因管辖权发生争议,由争议双方协商解决;协商解决不了的,报请它们的共同上级人民法院指定管辖。”

阅读理解

Although the U.S. is so big and its people have so many different ethnic (racial) backgrounds, it is in some ways less varied than Europe. The English language is used almost everywhere in its American form. The American way of speaking has developed independently of England and is on the whole closer to what can be heard in Ireland.

American instance of uniformity(一致性) is in habits and ways of living. From Boston to Los Angeles it is as far as from France to Central Asia, and from east to west there are five time zones; but everywhere people get up and go to bed at about the same time, eat the same kind of food, buy in the same kind of shops, work and rest at the same times of the day and have the same pattern of holidays. In most of the things that matter there is less difference between rich people and ordinary people, or between town and country, than in any single European nation.

Although the United States covers so much land and the land produces far more food than the present population needs, its people are by now almost entirely an urban society. Less than a tenth of the people are engaged in agriculture, and most of the rest live in or around towns, large and small. Here the traditional picture is changing; most Americans do not live in small towns any more. Half the population now live in some thirty metropolitan(大城市的) areas.

The fact that the United states has always been a single economic unit has contributed to uniformity. Modern industry favors large organizations, and it is no accident that the world’s biggest commercial firms are American. The people can choose between the products of competing manufacturers, but the products are all much alike.

小题1:In describing the uniformity in the U.S. the author does not mention that

A.the American people get up and go to work at the same time.

B.the American people spend their holidays in the same pattern.

C.the American people buy and eat the same kind of food.

D.the American people have more or less the same income.小题2:What can we learn from the passage about the U.S. agriculture?

A.The American farmers need more land than before.

B.More and more Americans are interested in farming.

C.It is quite modernized.

D.It is now going backward.小题3:What is the feature of the U.S. modern industry according to the last paragraph?

A.The production scale and the organizational scale are very big.

B.It is a single economic unit that manufactures the same kind of products.

C.There are more and more competing manufacturers.

D.There are always a variety of products to choose from.小题4:What does “most of the things” in the second paragraph refer to?

A.food, clothing and houses.

B.Cars, computers and TV sets.

C.Their wealth and income.

D.Land, housing and bank savings.

单项选择题