题目内容

下列有关财产保全和先予执行的说法不正确的是哪一选项

A. 诉讼中的财产保全既可以由当事人申请,法院也可以依职权决定
B. 诉讼财产保全的范围仅限于请求的范围
C. 申请先予执行的人民法院可以责令申请人提供担保
D. 申请先予执行的当事人之间必须权利义务关系明确

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下列关于仲裁协议效力的说法正确的是

A. 当事人约定争议可以向仲裁机构申请仲裁也可以向人民法院起诉的,仲裁协议无效
B. 当事人对仲裁协议的效力有异议的,应该在首次开庭前提出
C. 合同成立后未生效或者被撤销的,当事人订立合同时就争议达成的仲裁协议随之失效
D. 债权债务全部或部分转让的,如受让人不知有单独仲裁协议的,其不受仲裁协议的约束

请阅读短文,完成第21-25小题。 Photographer Teresa Berg replaces a Rottweiler’s collar with a pink scarf. She picks a string of pearls to complement a dachshund’s coat. She is taking glamour shots of shelter dogs, hoping her spiffed-up subjects will be adopted more quickly."Most photos show dogs in cages, looking dirty, and mangy," says Berg. "I consider my work like an antismoking campaign. We have to make adopting cool."Her father wouldn’t allow her a dog of her own as a kid. He did, however, show her how to use a camera. Together, they took pictures and developed them at his office.Living in Dallas at 24, Berg found her perfect roommate on the street: a Border collie-Shetland sheepdog mix she named Gpsy. Berg always has a soft spot for the ones that don’t have anyone to love.For years, she worked as a real estate agent, but she quit in 2006 to launch a photography business. Searching the Internet for a dog to adopt as a companion for Max, her Pomeranian, she was instantly put off by the photos online:"They had dirty laundry, dirty dishes, and empty pizza boxes in the background," she says.Berg finally found Flash, a 12-year old long-haired dachshund who was a Dallas rescue dog. She went to pick him up and ended up volunteering to take pictures of all the rescued dogs there for free. As more dogs went to the program, she took their pictures too. In the following year, after the photos went up on the website of the Dallas-Fort Worth Dachshund Rescue, the group’s director noticed that adoptions had doubled compared with last year. She attributed this to the professional photos. "When dogs are adopted that quickly, it makes room for others off the streets, "Berg says.Over the years, Berg has developed some tricks to snap flattering pictures: position dogs so that light falls on their faces, and shoot at eye level. In 2011, hoping to inspire more photographers, Berg posted video seminars on focusonrescue.com. About 75 people per month now watch her offer tips for taking quality pet photos. She’s gratified to see the recent wave of well-shot dog photography on shelter websites and social-media sites.In the past couple of years, Berg has added two dogs to the Dallas home she shares with Flash and her husband: a dachshund named Jasper and a Pomeranian named Maggie:"I want to take all the shelter dogs home; that’s the hard part," Berg says."I have a particular affinity for dogs with gray muzzles." What does the underlined word "She" in PARGRAPH 5 refer to

A. Teresa Berg, the photographer.
B. Flash, a 12-year old long-haired dachshund.
C. Director of Dallas-fort Worth Dachshund Rescue.
D. A volunteer photographer in Dallas-Fort Worth Dachshund Rescue.

下列哪些民事诉讼案件法院可以按撤诉处理

A. 王某是有独立请求权的第三人,开庭审理过程中未经法庭许可中途退庭
B. 韩律师是原告的委托代理人,无正当理由拒不到庭
C. 张某是无独立请求权的第三人,无正当理由拒不到庭
D. 李某是被告的法定代理人,无正当理由拒不到庭

下列关于民事诉讼和民商事仲裁异同的表述哪些是正确的

A. 对法院判决不服的,当事人有权上诉或申请再审,对于仲裁机构裁决不服的可以申请重新仲裁
B. 请求仲裁机构解决纠纷,应当以双方当事人之间有仲裁协议为条件,而进行民事诉讼则不一定要求双方当事人之间有进行民事诉讼的协议
C. 各类民事纠纷既可以用仲裁的方式解决,也可以用诉讼的方式解决
D. 仲裁案件,通常情况下不公开审理,而法院审理民事案件通常情况下应公开审理

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