甲与乙订立了一份苹果购销合同,双方约定:甲向乙交付20万千克苹果,货款为40万元,乙

题型:单项选择题

问题:

甲与乙订立了一份苹果购销合同,双方约定:甲向乙交付20万千克苹果,货款为40万元,乙向甲支付定金4万元;如任何一方不履行合同应支付违约金6万元。甲因将苹果卖给丙而无法向乙交付苹果。根据合同法律制度的规定,乙提出的下列诉讼请求中,既能最大限度保护自己的利益,又能获得人民法院支持的是( )。

A.请求甲双倍返还定金8万元

B.请求甲双倍返还定金8万元,同时请求甲支付违约金6万元

C.请求甲支付违约金6万元,同时请求返还支付的定金4万元

D.请求甲支付违约金6万元

考点:企业法律顾问经济与民商法律知识合同法总则(四)
题型:单项选择题

On Apr. 27, the Dean of Duke’s business school had the unfortunate task of announcing that nearly 10% of the Class of 2008 had been caught cheating on a take-home final exam. The scandal, which has cast yet another pall over the leafy, Gothic campus, is already going down as the biggest episode of alleged student deception in the business school’s history.

What is the author’s attitude towards the student deception in Duke’s business school

Almost immediately, the questions started swirling. The accused MBAs were, on average, 29 years old. They were the cut-and-paste generation, the champions of Linux. Before going to the business school, they worked in corporations for an average of six years. They did so at a time when their bosses were trumpeting the brave new world of open source, where one’s ability to aggregate (or rip off) other people’s intellectual property was touted as a crucial competitive advantage.
It’s easy to imagine the explanations these MBAs, who are mulling an appeal, might come up with. Teaming up on a take-home exam: That’s not academic fraud, it’s postmodern learning, wiki style. Text-messaging exam answers or downloading essays onto iPods: That’s simply a wise use of technology. One can understand the confusion. This is a generation that came of age nabbing music off Napster and watching bootlegged Hollywood blockbusters in their dorm rooms. "What do you mean" you can almost hear them saying. "We’re not supposed to share"
That’s not to say that university administrators should ignore unethical behavior, if it in fact occurred. But in this wired world, maybe the very notion of what constitutes cheating has to be reevaluated. The scandal at Duke points to how much the world has changed, and how academia and corporations are confused about it all, sending split messages.
We’re told it’s all about teamwork and shared information. But then we’re graded and ranked as individuals. We assess everybody as single entities. But then we plop them into an interdependent world and tell them their success hinges on creative collaboration.
The new culture of shared information is vastly different from the old, where hoarding information was power. But professors-and bosses, for that matter-need to be able to test individual ability. For all the talk about workforce teamwork, there are plenty of times when a person is on his or her own, arguing a case, preparing a profit and loss statement, or writing a research report.
Still, many believe that a rethinking of the assessment process is in store. The Stanford University Design School, for example, is so collaborative that "it would be impossible to cheat," says D-school professor Robert I. Sutton. "If you found somebody to help you write an exam, in our view that’s a sign of an inventive person who gets stuff done. If you found someone to do work for free who was committed to open source, we’d say, ’Wow, that was smart. ’ One group of students got the police to help them with a school project to build a roundabout where there were a lot of bike accidents. Is that cheating"
That’s food for thought at a time when learning is becoming more and more of a social process embedded in a larger network. This is in no way a pass on those who consciously break the rules. With countries aping American business practices, a backlash against an ethically rudderless culture can’t happen soon enough. But the saga at Duke raises an interesting question. In the age of Twitter, a social network that keeps users in constant streaming contact with one another, what is cheating

题型:单项选择题

阅读下面短文,掌握其大意,然后从A、B、C、D四个选项中,选出可以填入空白处的最佳选项。(共20小题;每小题1.5分,满分30分)

We rented our upstairs rooms to the out-of-town patients of Johns Hopkins Hospital. One evening, a bad-looking man, who was even shorter than my 8-year-old son, knocked at the door;  36 , his voice was pleasant as he said, “Good  37 . I come to see if you’ve a room. I came for (a)  38  this morning from the eastern shore”.

He told me he’d been  39  a room since noon but with no  40 ; no one seemed to have one. “I guess it’s my  41  face…” I know why they  42  him away! It was clear that they would  43  roomers by putting up such people. For a moment, I  44 , but his next words convinced me, “I could sleep in this rocking chair on the porch(门廊). My  45  leaves early in the morning.” I told him we would find him a bed, but to rest on the porch.

He told me he fished for a living to  46  his daughter, her five children and her husband, who was  47  in a terrible accident so that he couldn’t work. He didn’t tell it by way of  48 ; in fact, he was grateful that no pain  49  his disease, which was apparently a form of skin cancer. He thanked God for giving him the  50  to keep going. The next morning, the bed linen was  51  folded and the little man thanked me and waited for his bus.

Three months later when I almost  52  the man, we received packages in the  53 , with fish and oysters in it and a note  54 , “Thank you for having kept my father a night. He just  55  because of skin cancer. Before his death, he asked me to post these as gifts. Thank you again, sir.” All this happened long ago — and now, I imagined, in God’s garden, how tall this lovely soul must stand.

36. A. otherwise    B. though      C. however    D. unless

37. A. luck        B. evening     C. job        D. morning

38. A. treatment    B. travel       C. meeting     D. prayer

39. A. dealing with    B. dreaming of     C. hunting for     D. living with

40. A. money      B. patience      C. success     D. help

41. A. serious      B. terrible       C. happy       D. long

42. A. took        B. sent          C. drove       D. turned

43. A. lose        B. discourage    C. impress      D. attract

44. A. doubted     B. believed      C. wondered    D. hesitated

45. A. doctor       B. bus         C. daughter     D. graduation

46. A. educate      B. support      C. encourage     D. protect

47. A. unfriendly     B. ugly       C. sad          D. disabled

48. A. complaint     B. inspiration    C. humor      D. joke

49. A. removed      B. accompanied     C. avoided       D. suffered

50. A. fantasy       B. time           C. disease        D. strength

51. A. formally      B. expectedly      C. neatly          D. messily

52. A. forgot        B. missed         C. called          D. forgave

53. A. hospital       B. envelope       C. air             D. mail

54. A. reading       B. writing         C. speaking        D. drawing

55. A. gave up      B. stayed out       C. passed away     D. lay down

题型:单项选择题

《法国民法典》是资本主义社会的第一部民法典,它以下列哪项为基础______

A.日耳曼法
B.古希腊法
C.教会法
D.罗马法

题型:单项选择题

Few creatures on earth are as cute as the black lion tamarin, and few have as dramatic a story line. Pug-nosed and diminutive, with a comic fringe of hair, these monkeys dwell in trees in small tracts of forest in southeastern Brazil. Or they did until 1905, when they were declared extinct. No one saw a black lion tamarin again in the wild until 1970. Later, in the 1990s, some Brazilian researchers turned up a small set of isolated, inbred populations scattered over a wide region. Since that time, they have been engineering tamarin migration, doing everything they can to save the world’s most distinctive primates.
Although they are no larger than house cats, tamarins have brains big for their size and a family life organized like our own. They live in groups anchored by an adult male andadult female, along with their offspring. When a mother bears young, she usually produces twins, and although members of the group share in their upbringing, it is most often the father who carries them around in the trees, where the families feed on fruits, insects and bird’s eggs.
Unhappily for the lion tamarins, their tree-bound niche began to disappear after the Portuguese landed in Brazil and began clearing forest to make room for Rio de Janeiro, the settlements and farms. As is the case for so many threatened species, the breakup of their habitat sounded the death knell for tamarins, depriving them of the continuity of forest they require to remain abundant and safe from potential threats in any single vicinity. The animals avoid predators by hardly ever coming down from the trees, so even a narrow logging road through a forest can begin the breakup by preventing them from moving from one patch of forest to another.
A simple solution was to build bridges across roads, allowing the monkeys to move from one forest to another. With some lumber and the researchers’ work, habitats that had been separated became continuous again, improving opportunities for migrating and mating.
The next step was to broaden the distribution of the population. The researchers captured two families of black lion tamarins and moved them to a new forest. After a year, the moves were declared a success: Not only had 80 percent of the tamarins survived, but they had also produced new offspring. So far, so good. The researchers had learned the animals could adjust to the new habitats, even if the insects there tasted a little different or the trees were a slightly different size.
The techniques for saving species in the wild vary. Species with less stringent habitat requirements, like wild turkeys, have been rescued by moving them into new settings as well as outlawing their killing. More challenging to preserve are species that require a lot of land, like elephants, and species that have highly specific requirements for habitat and prey -- like black-footed ferrets. Ultimately, as in all challenges, knowledge is power to save wild species from extinction.

Which of the following is NOT characteristic of a tamarin family

A.A tamarin family consists of Father, Mother and their children.

B.The family life is organized like humans.

C.All the family members share the responsibility in the upbringing.

D.Tamarin brains are big for their size.

题型:单项选择题

一个证券组合的特雷诺指数是连接证券组合与无风险证券的直线的斜率,当这一斜率大于证券市场线的斜率时,组合的绩效不如市场绩效。( )

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