案例分析题Question 32-40: Overland transport in the United States was still extremely primitive in 1790. Roads were few and short, usually extending from inland communities to the nearest river town or seaport. Nearly all interstate commerce was carried out by sailing ships that served the bays and harbors of the seaboard. Yet, in 1790 the nation was on the threshold of a new era of road development. Unable to finance road construction, states turned for help to private companies, organized by merchants and land speculators who had a personal interest in improved communications with the interior. The pioneer in this move was the state of Pennsylvania, which chartered a company in 1792 to construct a turnpike, a road for the use of which a toll, or payment, is collected, from Philadelphia to Lancaster. The legislature gave the company the authority to erect tollgates at points along the road where payment would be collected, though it carefully regulated the rates. (The states had unquestioned authority to regulate private business in this period.) The company built a gravel road within two years, and the success of the Lancaster Pike encouraged imitation. Northern states generally relied on private companies to build their toll roads, but Virginia constructed a network at public expense. Such was the road building fever that by 1810 New York alone had some 1,500 miles of turnpikes extending from the Atlantic to Lake Erie. Transportation on these early turnpikes consisted of freight carrier wagons and passenger stagecoaches. The most common road freight carrier was the Conestoga wagon, a vehicle developed in the mid-eighteenth century by German immigrants in the area around Lancaster, Pennsylvania. It featured large, broad wheels able to negotiate all but the deepest ruts and holes, and its round bottom prevented the freight from shifting on a hill. Covered with canvas and drawn by four to six horses, the Conestoga wagon rivaled the log cabin as the primary symbol of the frontier. Passengers traveled in a variety of stagecoaches, the most common of which had four benches, each holding three persons. It was only a platform on wheels, with no springs; slender poles held up the top, and leather curtains kept out dust and rain. Virginia is mentioned as an example of a state that()
A. built roads without tollgates
B. built roads with government money
C. completed 1,500 miles of turnpikes in one year
D. introduced new law restricting road use
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案例分析题Question 1-10 All mammals feed their young. Beluga whale mothers, for example, nurse their calves for some twenty months, until they are about to give birth again and their young are able to find their own food. The behavior of feeding of the young is built into the reproductive system. It is a nonelective part of parental care and the defining feature of a mammal, the most important thing that mammals-- whether marsupials, platypuses, spiny anteaters, or placental mammals -- have in common. But not all animal parents, even those that tend their offspring to the point of hatching or birth, feed their young. Most egg-guarding fish do not, for the simple reason that their young are so much smaller than the parents and eat food that is also much smaller than the food eaten by adults. In reptiles, the crocodile mother protects her young after they have hatched and takes them down to the water, where they will find food, but she does not actually feed them. Few insects feed their young after hatching, but some make other arrangement, provisioning their cells and nests with caterpillars and spiders that they have paralyzed with their venom and stored in a state of suspended animation so that their larvae might have a supply of fresh food when they hatch. For animals other than mammals, then, feeding is not intrinsic to parental care. Animals add it to their reproductive strategies to give them an edge in their lifelong quest for descendants. The most vulnerable moment in any animal’s life is when it first finds itself completely on its own, when it must forage and fend for itself. Feeding postpones that moment until a young animal has grown to such a size that it is better able to cope. Young that are fed by their parents become nutritionally independent at a much greater fraction of their full adult size. And in the meantime those young are shielded against the vagaries of fluctuating of difficult-to-find supplies. Once a species does take the step of feeding its young, the young become totally dependent on the extra effort. If both parents are removed, the young generally do no survive. What can be inferred from the passage about the practice of animal parents feeding their young()
A. It is unknown among fish.
B. It is unrelated to the size of the young.
C. It is dangerous for the parents.
D. It is most common among mammals.
(2007年)案情:2006年5月24日,受雇于刘某(车主)的张某驾车运货,途经一木桥时,桥断裂,连车带人掉入河中。张某摔伤后自费看病支付医疗费上万元。刘某多次找到该桥所有人南河公司索赔,无果。刘某于2007年1月25日将其诉至法院,要求赔偿汽车修理费、停运损失费共计13.5万元。法院适用简易程序审理此案,指定了15日的举证期限,在此期间刘某向法院提供了汽车产权证、购车发票等证据。一审开庭时,刘某又向法院提供了修车发票。庭审调查中,被告南河公司主张该证据已超过举证期限,而刘某则解释说,迟延提出证据是因工作忙,未能及时索取发票,最后法官仍安排双方对该证据进行质证。经双方同意,法庭主持该案调解。在调解中,被告承认确有工作疏漏,未及时发布木桥弃用的公告;原告也承认,知道该木桥已弃用,但没想到会断裂。双方最终未能达成调解协议。2007年3月16日,法院依据双方在调解中陈述的事实和情况,认定被告承担主要责任,原告承担次要责任;并根据相关证据判决被告赔偿原告汽车修理费、停运损失费共计8万元。刘某当即表示将提起上诉。2007年3月29日刘某因病去世。刘某之子小刘于2007年4月5日向法院提起上诉;同时提出相关证明材料,要求法院确认其当事人的诉讼地位,并顺延上诉期限,法院受理了小刘的上诉并同意顺延上诉期限。2007年7月3日二审法院作出判决:原审原告提供的汽车修理费的证据中数额不实,依据新的事实证据,被上诉人赔偿上诉人汽车修理费、停运损失费共计4.5万元。问题: 请指出一审法院在审理中存在的问题,并说明理由。
(2005年)海云公司与金辰公司签订了一份装饰工程合同。合同约定:金辰公司包工包料,负责完成海云公司办公大楼的装饰工程。事后双方另行达成了补充协议,约定因该合同的履行发生纠纷,由某仲裁委员会裁决。在装饰工程竣工后,质检单位鉴定复合地板及磁砖系不合格产品。海云公司要求金辰公司返工并赔偿损失,金辰公司不同意,引发纠纷。请回答以下问题。 假设仲裁机构受理了海云公司的仲裁申请,仲裁过程中海云公司与金辰公司达成调解协议,可以何种方式结案?()
A. 撤回仲裁申请
B. 仲裁庭作出准许撤回仲裁申请的裁决书
C. 仲裁庭制作调解书
D. 仲裁庭根据调解协议制作裁决书