试题与答案

(2008年)  案情:肖某是甲公司的一名职员,在2006年12月17日出差时不慎摔

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(2008年)  案情:肖某是甲公司的一名职员,在2006年12月17日出差时不慎摔伤,住院治疗两个多月,花费医疗费若干。甲公司认为,肖某伤后留下残疾已不适合从事原岗位的工作,于2007年4月9日解除了与肖某的劳动合同。因与公司协商无果,肖某最终于2007年11月27日向甲公司所在地的某省A市B区法院起诉,要求甲公司继续履行劳动合同并安排其工作、支付其住院期间的医疗费、营养费、护理费、住院期间公司减发的工资、公司2006年三季度优秀员工奖奖金等共计3.6万元。  B区法院受理了此案。之后,肖某向与其同住一小区的B区法院法官赵某进行咨询。赵某对案件谈了几点意见,同时为肖某推荐律师李某作为其诉讼代理人,并向肖某提供了本案承办法官刘某的手机号码。肖某的律师李某联系了承办法官刘某。刘某在居住的小区花园,听取了李某对案件的法律观点,并表示其一定会依法审理此案。两天后,肖某来到法院找刘某说明案件的其他情况,刘某在法院的谈话室接待了肖某,并让书记员对他们的谈话内容进行了记录。  本案经审理,一审判决甲公司继续履行合同,支付相关费用;肖某以各项费用判决数额偏低为由提起上诉。二审开庭审理时,由于一名合议庭成员突发急病住院,法院安排法官周某临时代替其参加庭审。在二审审理中,肖某提出了先予执行的申请。2008年5月12日,二审法院对该案作出了终审判决,该判决由原合议庭成员署名。履行期届满后,甲公司未履行判决书中确定的义务。肖某向法院申请强制执行,而甲公司则向法院申请再审。  问题:

(2008年)二审中,肖某依法可以对哪些请求事项申请先予执行?对该申请应当由哪个法院审查作出先予执行的裁定?该裁定应当由哪个法院执行?

答案:

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题型:填空题

[A] Convenient packaging

[B] Health and wellness

[C] Skeptical customers

[D] Enormous markets

[E] Soaring sales

[F] Trendy drink

In the last 40 years the bottled water industry has gone from a business prospect that few took seriously, to a global industry worth billions of pounds. The commodity itself remains simple. The way we think about it has changed fundamentally. Water is natural, pure and sourced at minimal cost. Its real value lies in its marketing and branding. "I think bottled water is the most revealing substance for showing us how the global capitalist market works today," says Richard Wilk, professor of anthropology at Indiana University. "In a sense we’re buying choice, we’re buying freedom. That’s the only thing that can explain why you would pay money for a bottle of something that you can otherwise get for free. "

41. ______

Through a confection of advertising and marketing, bottled water has become one of the biggest success stories in the modern food and beverage industry. "The demand for bottle water has grown exponentially in the last few decades," says Dr. Peter Gleick, author of Bottled and Sold. "It’s doubled, it’s doubled again and it’s doubled again. And the bottle water companies see enormous markets not just in the rich countries but also in the poorer countries. "

No actual variety

Some people think that bottled water is the high point of global capitalism, particularly the people in the bottled water business. "I think bottled water actually represents a kind of caricature of the global economy. It provides people in the developed world with 20 or 30 varieties of something for which there is no actual variety," says Charles Fishman, author of The Big Thirst.

42. ______.

At the beginning there really was no variety and the bottled water phenomenon began with one brand. Perrier (佩绿雅,矿泉水品牌) was a triumph of advertising, creating a brand that was to define a generation. At the heart of the campaign to make the brand popular was Richard Wheatley, of the Leo Burnett advertising agency between 1979 and 1994. "Perrier popularised bottled water," he says. "It made it acceptable, more than acceptable, it made it... desirable. " But it was not an instant success. When Perrier UK was looking to increase its sales in the early 1970’s, it faced a skeptical public. Many questioned why anyone would buy water when you could get it free from the tap.

43. ______.

Faced with obstacles, Perrier turned to advertising with a campaign that was to change our consumer landscape for ever. The campaign was a marketing coup and sales went through the roof from 12 million bottles in 1980 to 152 million by the end of the decade. Perrier was no longer just a bottle of water. The marketing and advertising teams had established a crucial emotional link between the product and the consumers. "Perrier became a badge," says Michael Bellas, chairman of the Beverage Marketing Corporation. "When you held a Perrier bottle up, it said something about yourself, it said you were sophisticated, you understood what was happening in the world. It was a perfect beverage for the young and coming business executives, the trend-setters. "

44. ______.

In an age of instant gratification, still water in portable bottles provided what people needed, exactly when they needed it. "People in general are more and more time pressed," says Mr. Fishman. "We don’t cook our own meals any more, we eat prepared foods of all kinds. And there’s nothing more appealing than a bottle of cold water at a moment when you’re really thirsty. But I think bottled water is one of those products that on many occasions when people buy it, what they’re buying isn’t the water so much as the bottle. That is the package and the convenience at that moment. "

45. ______.

When people bought this convenience, what they were really buying was Polyethylene Terephthalate, or PET, the single most important innovation in the industry’s history. Strong, shatterproof and a highly valued form of polyester, PET is a by-product of the oil industry. It is now utilised in the packaging of everything from pharmaceuticals and soap, to ready meals. In years to come, the environmental impact of PET would haunt the industry and raise questions about its very survival, but in the 1990s this was a revolution. According to Mr. Bellas it was behind the subsequent incredible growth of the industry. "Starting with the introduction of the small premium PET waters, the category started to explode," says Mr. Bellas. "The bottled water industry before PET on the list of all beverage categories was number seven. With the advent of PET, water jumped to the number two spot, behind carbonated soft drinks. "

By branding and marketing water, bottled water has been transformed from something that many of us took for granted into a product that now makes billions for global multinational companies.

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