考研201英語（一）在線題庫每日一練（八十）

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1、Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its “one-click” online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bilski, as the case is known , is “a very big deal”, says Dennis D. Crouch of the University of Missouri School of Law. It “has the potential to eliminate an entire class of patents.”Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging Internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.The Bilski case involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should “reconsider” its State Street Bank ruling.The Federal Circuit's action comes in the wake of a series of recent decisions by the Supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for “inventions” that are obvious. The judges on the Federal Circuit are “reacting to the anti-patent trend at the Supreme Court”, says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.1.Business-method patents have recently aroused concern because of（）. 2.Which of the following is true of the Bilski case?3.The word “about-face” (Line 1, Para 3) most probably means （）. 4.We learn from the last two paragraphs that business-method patents （）. 5.Which of the following would be the subject of the text?

問題1

A、their limited value to businesses

B、their connection with asset allocation

C、the possible restriction on their granting

D、the controversy over their authorization

問題2

A、Its ruling complies with the court decisions.

B、It involves a very big business transaction.

C、It has been dismissed by the Federal Circuit.

D、It may change the legal practices in the U.S.

問題3

A、loss of good will

B、increase of hostility

C、change of attitude

D、enhancement of dignity

問題4

A、are immune to legal challenges

B、are often unnecessarily issued

C、lower the esteem for patent holders

D、increase the incidence of risks

問題5

A、A looming threat to business-method patents.

B、Protection for business-method patent holders.

C、A legal case regarding business-method patents.

D、A prevailing trend against business-method patents.

2、If the trade unionist Jimmy Hoffa were alive today, he would probably represent civil servant. When Hoffa's Teamsters were in their prime in 1960, only one in ten American government workers belonged to a union; now 36% do. In 2009 the number of unionists in America's public sector passed that of their fellow members in the private sector. In Britain, more than half of public-sector workers but only about 15% of private-sector ones are unionized. There are three reasons for the public-sector unions' thriving. First, they can shut things down without suffering much in the way of consequences. Second, they are mostly bright and well-educated. A quarter of America's public-sector workers have a university degree. Third, they now dominate left-of-centre politics. Some of their ties go back a long way. Britain's Labor Party, as its name implies, has long been associated with trade unionism. Its current leader, Ed Miliband, owes his position to votes from public-sector unions. At the state level their influence can be even more fearsome. Mark Baldassare of the Public Policy Institute of California points out that much of the state's budget is patrolled by unions. The teachers' unions keep an eye on schools, the CCPOA on prisons and a variety of labor groups on health care. In many rich countries average wages in the state sector are higher than in the private one. But the real gains come in benefits and work practices. Politicians have repeatedly “backloaded” public-sector pay deals, keeping the pay increases modest but adding to holidays and especially pensions that are already generous. Reform has been vigorously opposed, perhaps most egregiously in education, where charter schools, academies and merit pay all faced drawn-out battles. Even though there is plenty of evidence that the quality of the teachers is the most important variable, teachers' unions have fought against getting rid of bad ones and promoting good ones. As the cost to everyone else has become clearer, politicians have begun to clamp down. In Wisconsin the unions have rallied thousands of supporters against Scott Walker, the hardline Republican governor. But many within the public sector suffer under the current system, too. John Donahue at Harvard's Kennedy School points out that the norms of culture in Western civil services suit those who want to stay put but is bad for high achievers. The only American public-sector workers who earn well above $250,000 a year are university sports coaches and the president of the United States. Bankers' fat pay packets have attracted much criticism, but a public-sector system that does not reward high achievers may be a much bigger problem for America. 1.It can be learned from the first paragraph that（）.2.Which of the following is true of Paragraph 2? 3.It can be learned from Paragraph 4 that the income in the state sector is（）. 4.The example of the unions in Wisconsin shows that unions （）. 5.John Donahue's attitude towards the public-sector system is one of （）.

問題1

A、Teamsters still have a large body of members

B、Jimmy Hoffa used to work as a civil servant

C、unions have enlarged their public-sector membership

D、the government has improved its relationship with unionists

問題2

A、Public-sector unions are prudent in taking actions.

B、Education is required for public-sector union membership.

C、Labor Party has long been fighting against public-sector unions.

D、Public-sector unions seldom get in trouble for their actions.

問題3

A、illegally secured

B、indirectly augmented

C、excessively increased

D、fairly adjusted

問題4

A、often run against the current political system

B、can change people's political attitudes

C、may be a barrier to public-sector reforms

D、are dominant in the government

問題5

A、disapproval

B、appreciation

C、tolerance

D、indifference

3、In order to “change lives for the better” and reduce “dependency,” George Osborne, Chancellor of the Exchequer, introduced the “upfront work search” scheme. Only if the jobless arrive at the jobcentre with a CV, register for online job search, and start looking for work will they be eligible for benefit—and then they should report weekly rather than fortnightly. What could be more reasonable?More apparent reasonableness followed. There will now be a seven-day wait for the jobseeker's allowance. “Those first few days should be spent looking for work, not looking to sign on,” he claimed. “We’re doing these things because we know they help people stay off benefits and help those on benefits get into work faster.” Help? Really? On first hearing, this was the socially concerned chancellor, trying to change lives for the better, complete with “reforms” to an obviously indulgent system that demands too little effort from the newly unemployed to find work, and subsidises laziness. What motivated him, we were to understand, was his zeal for “fundamental fairness”—protecting the taxpayer, controlling spending and ensuring that only the most deserving claimants received their benefits.Losing a job is hurting: you don't skip down to the jobcentre with a song in your heart, delighted at the prospect of doubling your income from the generous state. It is financially terrifying, psychologically embarrassing and you know that support is minimal and extraordinarily hard to get. You are now not wanted; you are now excluded from the work environment that offers purpose and structure in your life. Worse, the crucial income to feed yourself and your family and pay the bills has disappeared. Ask anyone newly unemployed what they want and the answer is always: a job.But in Osbomeland, your first instinct is to fall into dependency—permanent dependency if you can get it—supported by a state only too ready to indulge your falsehood. It is as though 20 years of ever tougher reforms of the job search and benefit administration system never happened. The principle of British welfare is no longer that you can insure yourself against the risk of unemployment and receive unconditional payments if the disaster happens. Even the very phrase “jobseeker's allowance” is about redefining the unemployed as a “jobseeker” who had no fundamental right to a benefit he or she has earned through making national insurance contributions. Instead, the claimant receives a time-limited “allowance,” conditional on actively seeking a job; no entitlement and no insurance, at $71.70 a week, one of the least generous in the EU. 1.George Osborne's scheme was intended to（）.2.The phrase “to sign on”(Paragraph 2) most probably means （）. 3.What prompted the chancellor to develop his scheme?4.According to Paragraph 3, being unemployed makes one feel （）. 5.To which of the following would the author most probably agree?

問題1

A、motivate the unemployed to report voluntarily

B、provide the unemployed with easier access to benefits

C、encourage jobseekers, active engagement in job seeking

D、guarantee jobseekers' legitimate right to benefits

問題2

A、to register for an allowance from the government

B、to accept the government's restrictions on the allowance

C、to check on the availability of jobs at the jobcentre

D、to attend a governmental job-training program

問題3

A、A desire to secure a better life for all.

B、An eagerness to protect the unemployed.

C、An urge to be generous to the claimants.

D、A passion to ensure fairness for taxpayers.

問題4

A、insulted

B、uneasy

C、enraged

D、guilty

問題5

A、Unemployment benefits should not be made conditional.

B、The British welfare system indulges jobseekers' laziness.

C、The jobseekers' allowance has met their actual needs.

D、Osborne's reforms will reduce the risk of unemployment.

4、“The Heart of the Matter,” the just-released report by the American Academy of Arts and Sciences (AAAS), deserves praise for affirming the importance of the humanities and social sciences to the prosperity and security of liberal democracy in America. Regrettably, however, the report's failure to address the true nature of the crisis facing liberal education may cause more harm than good.In 2010, leading congressional Democrats and Republicans sent letters to the AAAS asking that it identify actions that could be taken by “federal, state and local governments, universities, foundations, educators, individual benefactors and others” to “maintain national excellence in humanities and social scientific scholarship and education.” In response, the American Academy formed the Commission on the Humanities and Social Sciences. Among the commission's 51 members are top-tier-university presidents, scholars, lawyers, judges, and business executives, as well as prominent figures from diplomacy, filmmaking, music and journalism.The goals identified in the report are generally admirable. Because representative government presupposes an informed citizenry, the report supports full literacy; stresses the study of history and government, particularly American history and American government; and encourages the use of new digital technologies. To encourage innovation and competition, the report calls for increased investment in research, the crafting of coherent curricula that improve students' ability to solve problems and communicate effectively in the 21st century, increased funding for teachers and the encouragement of scholars to bring their learning to bear on the great challenges of the day. The report also advocates greater study of foreign languages, international affairs and the expansion of study abroad programs.Unfortunately, despite 2% years in the making, “The Heart of the Matter” never gets to the heart of the matter: the illiberal nature of liberal education at our leading colleges and universities. The commission ignores that for several decades America's colleges and universities have produced graduates who don't know the content and character of liberal education and are thus deprived of its benefits. Sadly, the spirit of inquiry once at home on campus has been replaced by the use of the humanities and social sciences as vehicles for publicizing “progressive,” or left-liberal propaganda.Today, professors routinely treat the progressive interpretation of history and progressive public policy as the proper subject of study while portraying conservative or classical liberal ideas—such as free markets and self-reliance—as falling outside the boundaries of routine, and sometimes legitimate, intellectual investigation.The AAAS displays great enthusiasm for liberal education. Yet its report may well set back reform by obscuring the depth and breadth of the challenge that Congress asked it to illuminate. 1.According to Paragraph 1, what is the author's attitude toward the AAAS's report?2.Influential figures in the Congress required that the AAAS report on how to（）.3.According to Paragraph 3, the report suggests （）. 4.The author implies in Paragraph 5 that professors are （）. 5.Which of the following would be the best title for the text?

問題1

A、Critical.

B、Appreciative.

C、Contemptuous.

D、Tolerant.

問題2

A、safeguard individuals' rights to education

B、define the government's role in education

C、retain people's interest in liberal education

D、keep a leading position in liberal education

問題3

A、an exclusive study of American history

B、a greater emphasis on theoretical subjects

C、the application of emerging technologies

D、funding for the study of foreign languages

問題4

A、supportive of free markets

B、biased against classical liberal ideas

C、cautious about intellectual investigation

D、conservative about public policy

問題5

A、Illiberal Education and “The Heart of the Matter”.

B、The AAAS's Contribution to Liberal Education.

C、Ways to Grasp “The Heart of the Matter”.

D、Progressive Policy vs. Liberal Education.

5、Just how much does the Constitution protect your digital data? The Supreme Court will now consider whether police can search the contents of a mobile phone without a warrant if the phone is on or around a person during an arrest. California has asked the justices to refrain from a sweeping ruling, particularly one that upsets the old assumptions that authorities may search through the possessions of suspects at the time of their arrest. It is hard, the state argues, for judges to assess the implications of new and rapidly changing technologies. The court would be recklessly modest if it followed California's advice. Enough of the implications are discernable, even obvious, so that the justice can and should provide updated guidelines to police, lawyers and defendants. They should start by discarding California's lame argument that exploring the contents of a smart phone—a vast storehouse of digital information—is similar to say, going through a suspect's purse. The court has ruled that police don't violate the Fourth Amendment when they go through the wallet or pocketbook, of an arrestee without a warrant. But exploring one's smartphone is more like entering his or her home. A smartphone may contain an arrestee's reading history, financial history, medical history and comprehensive records of recent correspondence. The development of “cloud computing,” meanwhile, has made that exploration so much the easier. Americans should take steps to protect their digital privacy. But keeping sensitive information on these devices is increasingly a requirement of normal life. Citizens still have a right to expect private documents to remain private and protected by the Constitution's prohibition on unreasonable searches.As so often is the case, stating that principle doesn't ease the challenge of line-drawing. In many cases, it would not be overly burdensome for authorities to obtain a warrant to search through phone contents. They could still invalidate Fourth Amendment protections when facing severe, urgent circumstances, and they could take reasonable measures to ensure that phone data are not erased or altered while waiting for a warrant. The court, though, may want to allow room for police to cite situations where they are entitled to more freedom. But the justices should not swallow California's argument whole. New, disruptive technology sometimes demands novel applications of the Constitution's protections. Orin Kerr, a law professor, compares the explosion and accessibility of digital information in the 21st century with the establishment of automobile use as a digital necessity of life in the 20th: The justices had to specify novel rules for the new personal domain of the passenger car then; they must sort out how the Fourth Amendment applies to digital information now. 1.The Supreme Court will work out whether, during an arrest, it is legitimate to（）.2.The author's attitude toward California's argument is one of （）. 3.The author believes that exploring one's phone contents is comparable to （）. 4.In Paragraphs 5 and 6, the author shows his concern that （）. 5.Orin Kerr's comparison is quoted to indicate that（）.

問題1

A、search for suspects' mobile phones without a warrant

B、check suspects' phone contents without being authorized

C、prevent suspects from deleting their phone contents

D、prohibit suspects from using their mobile phones

問題2

A、tolerance

B、indifference

C、disapproval

D、cautiousness

問題3

A、getting into one's residence