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案例分析题Questions 22-31:The first peoples to inhabit what today is the southeastern United States sustained themselves as hunters and gathers. Sometimes early in the first millennium A.D., however, they began to cultivate corn and other crops. Gradually, as they became more skilled at gardening, they settled into permanent villages and developed a rich culture, characterized by the great earthen mounds they erected as monuments to their gods and as tombs for their distinguished dead. Most of these early mound builders were part of the Adena-Hopewell culture, which had its beginnings near the Ohio River and takes its name from sites in Ohio. The culture spread southward into the present-day states of Louisiana, Alabama, Georgia, and Florida. Its peoples became great traders, bartering jewellery, pottery, animal pelts, tools, and other goods along extensive trading networks that stretched up and down eastern North America and as far west as the Rocky Mountains.About A.D. 400, the Hopewell culture fell into decay. Over the next centuries, it was supplanted by another culture, the Mississippian, named after the river along which many of its earliest villages were located. This complex civilization dominated the Southeast from about A.D. 700 until shortly before the Europeans began arriving in the sixteenth century. At the peak of its strength, about the year 1200, it was the most advanced culture in North America. Like their Hopewell predecessors, the Mississippians became highly skilled at growing food, although on a grander scale. They developed an improved strain of corn, which could survive in wet soil and a relatively cool climate, and also learned to cultivate beans. Indeed, agriculture became so important to the Mississippians that it became closely associated with the Sun --- the guarantor of good crops. Many tribes called themselves "children of the Sun" and believed their omnipotent priest-chiefs were descendants of the great sun god.Although most Mississippians lived in small villages, many others inhabited large towns. Most of these towns boasted at least one major flat-topped mound on which stood a temple that contained a sacred flame. Only priests and those charged with guarding the flame could enter the temples. The mounds also served as ceremonial and trading sites, and at times they were used as burial grounds. Which of the following resulted from the rise of agriculture in the southeastern United States()

A. The development of trade in North America
B. The establishment of permanent settlements
Conflicts with other Native American groups over land
D. A migration of these peoples to the Rocky Mountains.

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(2008四川)案情:王某(女)与李某(男)于1998年结婚后居住在某省A市C区。2003年1月,李某去B市打工并一直居住在该市D区。2004年5月,李某向自己所在的B市D区法院提起诉讼,要求与王某离婚,D区法院裁定不予受理。李某回到A市后,向A市C区法院起诉与王某离婚。C区法院受理后,李某找到律师杨某进行咨询。杨某看了案件材料后,第二天向李某讲了法院将会判决离婚的意见;李某向杨某表示,某律师想代理其诉讼;杨某当即对李某说,该律师所承办的案件85%都打输了,同时向李某示意其同学在A市C区法院某庭当庭长。李某深信无疑,决定委托杨某代理诉讼。李某因为不愿与王某见面,向法院申请不出庭,C区法院予以准许。C区法院公开审理了此案。在开庭审理中,李某的诉讼代理人杨某称,李某要求离婚的原因,是王某所生的孩子与李某没有血缘关系,但未提供任何证据;王某承认自己所生的孩子不是李某的,但表示双方依然存在感情,不愿意离婚。C区法院经过审理,判决不准予离婚。李某不服一审判决提起上诉。A市中级法院认为王某已承认孩子非与李某所生,就表明两人感情确已破裂,应当判决离婚。遂于2007年4月作出二审判决,准予离婚,其中明确了孩子的抚养权和财产的分割。王某认为其与李某的感情并未破裂,法院的离婚判决存在问题,2007年6月向A市检察院提出申诉。A市检察院经审查认为,A市中级法院认定事实不清,准予离婚的判决存在错误,财产分配也明显不当,且对李某私存的存款部分未进行分割,拟以本院名义通过审判监督程序要求法院纠正错误判决。问题: A市检察院通过何种程序以及对哪些事项可要求法院进行再审?为什么?

(2003年)患者甲与某医院发生医疗纠纷。甲认为由于该医院误诊,导致其疾病没有及时得到治疗,造成了财产和精神上的损害,故向法院提起诉讼,要求医院承担相应的民事责任。甲提出病历和X光片保存在医院,只要医院出示病历和X光片就可以证明医院对此负有责任。请回答以下问题。 如果X光片在本案作为证据,则该证据属于民事诉讼法规定的何种证据?()

A. 物证
B. 书证
C. 视听资料
D. 鉴定结论

案例分析题Question 11-21: Printmaking is the generic term for a number of processes, of which woodcut and engraving are two prime examples. Prints are made by pressing a sheet of paper (or other material) against an image-bearing surface to which ink has been applied. When the paper is removed, the image adheres to it, but in reverse. The woodcut had been used in China from the fifth century A.D. for applying patterns to textiles. The process was not introduced into Europe until the fourteenth century, first for textile decoration and then for printing on paper. Woodcuts are created by a relief process; first, the artist takes a block of wood, which has been sawed parallel to the grain, covers it with a white ground, and then draws the image in ink. The background is carved away, leaving the design area slightly raised. The woodblock is inked, and the ink adheres to the raised image. It is then transferred to damp paper either by hand or with a printing press. Engraving, which grew out of the goldsmith’s art, originated in Germany and northern Italy in the middle of the fifteenth century. It is an intaglio process (from Italian intagliare, "to carve"). The image is incised into a highly polished metal plate, usually copper, with a cutting instrument, or burin. The artist inks the plate and wipes it clean so that some ink remains in the incised grooves. An impression is made on damp paper in a printing press, with sufficient pressure being applied so that the paper picks up the ink. Both woodcut and engraving have distinctive characteristics. Engraving lends itself to subtle modeling and shading through the use of fine lines. Hatching and cross-hatching determine the degree of light and shade in a print. Woodcuts tend to be more linear, with sharper contrasts between light and dark. Printmaking is well suited to the production of multiple images. A set of multiples is called an edition. Both methods can yield several hundred good-quality prints before the original block or plate begins to show signs of wear. Mass production of prints in the sixteenth century made images available, at a lower cost, to a much broader public than before. The word "yield" in line 23 is closest in meaning to()

A. imitate
B. produce
C. revise
D. contrast

(2004年)某省电视剧制作中心摄制的作品《星空》正式播出前,邻省的某音像公司制作了盗版光盘。制作中心发现后即向音像公司所在地的某区法院起诉,并在法院立案后,请求法院裁定音像公司停止生产光盘。音像公司在接到应诉通知书及停止生产光盘的裁定后,认为自己根本不是盗版,故继续生产光盘。请回答以下问题。 被告在法院作出停止生产光盘的裁定后仍继续生产,法院可如何处理?()

A. 尽快判决被告败诉并开始执行
B. 采取强制执行措施
C. 对主要负责人或直接责任人员实施拘留
D. 对音像公司处以罚款

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