考研201英語(一)在線題庫每日一練(一百八十一)

考研 責(zé)任編輯:希賽網(wǎng) 2023-07-07

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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、The decision of the New York Philharmonic to hire Alan Gilbert as its next music director has been the talk of the classical-music world ever since the sudden announcement of his appointment in 2009. For the most part, the response has been favorable, to say the least. “Hooray! At last!” wrote Anthony Tommasini, a sober-sided classical-music critic. One of the reasons why the appointment came as such a surprise, however, is that Gilbert is comparatively little known. Even Tommasini, who had advocated Gilbert's appointment in the Times, calls him “an unpretentious musician with no air of the formidable conductor about him.” As a description of the next music director of an orchestra that has hitherto been led by musicians like Gustav Mahler and Pierre Boulez, that seems likely to have struck at least some Times readers as faint praise. For my part, I have no idea whether Gilbert is a great conductor or even a good one. To be sure, he performs an impressive variety of interesting compositions, but it is not necessary for me to visit Avery Fisher Hall, or anywhere else, to hear interesting orchestral music. All I have to do is to go to my CD shelf, or boot up my computer and download still more recorded music from iTunes. Devoted concertgoers who reply that recordings are no substitute for live performance are missing the point. For the time, attention, and money of the art-loving public, classical instrumentalists must compete not only with opera houses, dance troupes, theater companies, and museums, but also with the recorded performances of the great classical musicians of the 20th century. There recordings are cheap, available everywhere, and very often much higher in artistic quality than today's live performances; moreover, they can be “consumed” at a time and place of the listener's choosing. The widespread availability of such recordings has thus brought about a crisis in the institution of the traditional classical concert. One possible response is for classical performers to program attractive new music that is not yet available on record. Gilbert's own interest in new music has been widely noted: Alex Ross, a classical-music critic, has described him as a man who is capable of turning the Philharmonic into “a markedly different, more vibrant organization.” But what will be the nature of that difference? Merely expanding the orchestra's repertoire will not be enough. If Gilbert and the Philharmonic are to succeed, they must first change the relationship between America's oldest orchestra and the new audience it hopes to attract. 1.We learn from Para.1 that Gilbert's appointment has(  ).2.Tommasini regards Gilbert as an artist who is (  ).  3.The author believes that the devoted concertgoers (  ).  4.According to the text, which of the following is true of recordings? 5.Regarding Gilbert's role in revitalizing the Philharmonic, the author feels(  ).

問題1

A、incurred criticism

B、raised suspicion

C、received acclaim

D、aroused curiosity

問題2

A、influential

B、modest

C、respectable

D、talented

問題3

A、ignore the expenses of live performances

B、reject most kinds of recorded performances

C、exaggerate the variety of live performances

D、overestimate the value of live performances

問題4

A、They are often inferior to live concerts in quality.

B、They are easily accessible to the general public.

C、They help improve the quality of music.

D、They have only covered masterpieces.

問題5

A、doubtful

B、enthusiastic

C、confident

D、puzzled

3、The rough guide to marketing success used to be that you got what you paid for. No longer. While traditional “paid” media—such as television commercials and print advertisements—still play a major role, companies today can exploit many alternative forms of media. Consumers passionate about a product may create “owned” media by sending e-mail alerts about products and sales to customers registered with its Web site. The way consumers now approach the broad range of factors beyond conventional paid media. Paid and owned media are controlled by marketers promoting their own products. For earned media, such marketers act as the initiator for users' responses. But in some cases, one marketer's owned media become another marketer's paid media—for instance, when an e-commerce retailer sells ad space on its Web site. We define such sold media as owned media whose traffic is so strong that other organizations place their content or e-commerce engines within that environment. This trend, which we believe is still in its infancy, effectively began with retailers and travel providers such as airlines and hotels and will no doubt go further. Johnson & Johnson, for example, has created BabyCenter, a stand-alone media property that promotes complementary and even competitive products. Besides generating income, the presence of other marketers makes the site seem objective, gives companies opportunities to learn valuable information about the appeal of other companies' marketing, and may help expand user traffic for all companies concerned. The same dramatic technological changes that have provided marketers with more (and more diverse) communications choices have also increased the risk that passionate consumers will voice their opinions in quicker, more visible, and much more damaging ways. Such hijacked media are the opposite of earned media: an asset or campaign becomes hostage to consumers, other stakeholders, or activists who make negative allegations about a brand or product. Members of social networks, for instance, are learning that they can hijack media to apply pressure on the businesses that originally created them. If that happens, passionate consumers would try to persuade others to boycott products, putting the reputation of the target company at risk. In such a case, the company's response may not be sufficiently quick or thoughtful, and the learning curve has been steep. Toyota Motor, for example, alleviated some of the damage from its recall crisis earlier this year with a relatively quick and well-orchestrated social-media response campaign, which included efforts to engage with consumers directly on sites such as Twitter and the social-news site Digg. 1.Consumers may create “earned” media when they are(  ).2.According to Paragraph 2, sold media feature (  ).  3.The author indicates in Paragraph 3 that earned media (  ).  4.Toyota Motor's experience is cited as an example of (  ).  5.Which of the following is the text mainly about ? 

問題1

A、obscssed with online shopping at certain Web sites

B、inspired by product-promoting e-mails sent to them

C、eager to help their friends promote quality products

D、enthusiastic about recommending their favorite products

問題2

A、a safe business environment

B、random competition

C、strong user traffic

D、flexibility in organization

問題3

A、invite constant conflicts with passionate consumers

B、can be used to produce negative effects in marketing

C、may be responsible for fiercer competition

D、deserve all the negative comments about them

問題4

A、responding effectively to hijacked media

B、persuading customers into boycotting products

C、cooperating with supportive consumers

D、taking advantage of hijacked media

問題5

A、Alternatives to conventional paid media.

B、Conflict between hijacked and earned media.

C、Dominance of hijacked media.

D、Popularity of owned media.

4、On a five to three vote, the Supreme Court knocked out much of Arizona's immigration law Monday—a modest policy victory for the Obama Administration. But on the more important matter of the Constitution, the decision was an 8-0 defeat for the Administration's effort to upset the balance of power between the federal government and the states.In Arizona v. United States, the majority overturned three of the four contested provisions of Arizona's controversial plan to have state and local police enforce federal immigration law. The Constitutional principles that Washington alone has the power to “establish a uniform Rule of Naturalization” and that federal laws precede state laws are noncontroversial. Arizona had attempted to fashion state policies that ran parallel to the existing federal ones.Justice Anthony Kennedy, joined by Chief Justice John Roberts and the Court's liberals, ruled that the state flew too close to the federal sun. On the overturned provisions the majority held that Congress had deliberately “occupied the field,” and Arizona had thus intruded on the federal's privileged powers.However, the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement. That's because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.Two of the three objecting Justice—Samuel Alito and Clarence Thomas—agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute. The only major objection came from Justice Antonin Scalia, who offered an even more robust defense of state privileges going back to the Alien and Sedition Acts.The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as “a shocking assertion of federal executive power”. The White House argued that Arizona's laws conflicted with its enforcement priorities, even if state laws complied with federal statutes to the letter. In effect, the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.Some powers do belong exclusively to the federal government, and control of citizenship and the borders is among them. But if Congress wanted to prevent states from using their own resources to check immigration status, it could. It never did so. The administration was in essence asserting that because it didn’t want to carry out Congress's immigration wishes, no state should be allowed to do so either. Every Justice rightly rejected this remarkable claim.1.Three provisions of Arizona's plan were overturned because they(  ).2.On which of the following did the Justices agree, according to Paragraph 4?3.It can be inferred from Paragraph 5 that the Alien and Sedition Acts (  ).  4.The White House claims that its power of enforcement (  ).  5.What can be learned from the last paragraph?

問題1

A、deprived the federal police of Constitutional powers

B、disturbed the power balance between different states

C、overstepped the authority of federal immigration law

D、contradicted both the federal and state policies

問題2

A、Federal officers' duty to withhold immigrants' information.

B、States' independence from federal immigration law.

C、States' legitimate role in immigration enforcement.

D、Congress's intervention in immigration enforcement.

問題3

A、violated the Constitution

B、undermined the states' interests

C、supported the federal statute

D、stood in favor of the states

問題4

A、outweighs that held by the states 

B、is dependent on the states' support

C、is established by federal statutes 

D、rarely goes against state laws

問題5

A、Immigration issues are usually decided by Congress. 

B、Justices intended to check the power of the Administration.

C、Justices wanted to strengthen its coordination with Congress.

D、The Administration is dominant over immigration issues.

5、Though not biologically related, friends are as “related” as fourth cousins, sharing about 1% of genes. That is(1)a study, published from the University of California and Yale University in the Proceedings of the National Academy of Sciences, has (2). The study is a genome-wide analysis conducted (3) 1,932 unique subjects which (4) pairs of unrelated friends and unrelated strangers. The same people were used in both (5). While 1% may seem (6), it is not so to a geneticist. As James Fowler, professor of medical genetics at UC San Diego, says, “Most people do not even (7) their fourth cousins but somehow manage to select as friends the people who (8) our kin.” The team also developed a "friendship score" which can predict who will be your friend based on their genes.The study (9) found that the genes for smell were something shared in friends but not genes for immunity. Why this similarity exists in smell genes is difficult to explain, for now, (10), as the team suggests, it draws us to similar environments but there is more (11) it. There could be many mechanisms working together that (12) us in choosing genetically similar friends (13) “functional kinship” of being friends with (14)! One of the remarkable findings of the study was the similar genes seem to be evolving (15) than other genes. Studying this could help (16) why human evolution picked pace in the last 30,000 years, with social environment being a major (17)  factor. The findings do not simply explain people's (18) to befriend those of similar (19) backgrounds, say the researchers. Though all the subjects were drawn from a population of European extraction, care was taken to (20) that all subjects, friends and strangers, were taken from the same population. 

問題1

A、what

B、why

C、how

D、when

問題2

A、defended

B、concluded

C、withdrawn

D、advised

問題3

A、for

B、with

C、by

D、on

問題4

A、separated

B、sought

C、compared

D、connected

問題5

A、tests

B、objects

C、samples

D、examples

問題6

A、insignificant

B、unexpected

C、unreliable

D、incredible

問題7

A、visit

B、miss

C、know

D、seek

問題8

A、surpass

B、influence

C、favor

D、resemble

問題9

A、again

B、also

C、instead

D、thus

問題10

A、Meanwhile

B、Furthermore

C、Likewise

D、Perhaps

問題11

A、about

B、to

C、from

D、like

問題12

A、limit

B、observe

C、confuse

D、drive

問題13

A、according to

B、rather than

C、regardless of

D、along with

問題14

A、chances

B、responses

C、benefits

D、missions

問題15

A、faster

B、slower

C、later

D、earlier

問題16

A、forecast

B、remember

C、express

D、understand

問題17

A、unpredictable

B、contributory

C、controllable

D、disruptive

問題18

A、tendency

B、decision

C、arrangement

D、endeavor

問題19

A、political

B、religious

C、ethnic

D、economic

問題20

A、see

B、show

C、prove

D、tell

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