考研201英語（一）在線題庫每日一練（二百二十一）

本文提供考研201英語（一）在線題庫每日一練，以下為具體內容

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、In his book The Tipping Point, Malcolm Gladwell argues that “social epidemics” are driven in large part by the actions of a tiny minority of special individuals, often called influentials, who are unusually informed, persuasive, or well connected. The idea is intuitively compelling, but it doesn't explain how ideas actually spread.The supposed importance of influentials derives from a plausible-sounding but largely untested theory called the “two-step flow of communication”: Information flows from the media to the influentials and from them to everyone else. Marketers have embraced the two-step flow because it suggests that if they can just find and influence the influentials, those selected people will do most of the work for them. The theory also seems to explain the sudden and unexpected popularity of certain looks, brands, or neighborhoods. In many such cases, a cursory search for causes finds that some small group of people was wearing, promoting, or developing whatever it is before anyone else paid attention. Anecdotal evidence of this kind fits nicely with the idea that only certain special people can drive trends. In their recent work, however, some researchers have come up with the finding that influentials have far less impact on social epidemics than is generally supposed. In fact, they don't seem to be required at all.The researchers' argument stems from a simple observation about social influence: with the exception of a few celebrities like Oprah Winfrey—whose outsize presence is primarily a function of media, not interpersonal, influence—even the most influential members of a population simply don't interact with that many others. Yet it is precisely these non-celebrity influentials who, according to the two-step-flow theory, are supposed to drive social epidemics, by influencing their friends and colleagues directly. For a social epidemic to occur, however, each person so affected, must then influence his or her own acquaintances, who must in turn influence theirs, and so on; and just how many others pay attention to each of these people has little to do with the initial influential. If people in the network just two degrees removed from the initial influential prove resistant, for example, the cascade of change won't propagate very far or affect many people.Building on the basic truth about interpersonal influence, the researchers studied the dynamics of social influence by conducting thousands of computer simulations of populations, manipulating a number of variables relating to people's ability to influence others and their tendency to be influenced. They found that the principal requirement for what is called “global cascades” — the widespread propagation of influence through networks—is the presence not of a few influentials but, rather, of a critical mass of easily influenced people. 1.By citing the book The Tipping Point, the author intends to（  ）.2.The author suggests that the "two-step-flow theory" （  ）.  3.What the researchers have observed recently shows that （  ）.  4.The underlined phrase “these people” in paragraph 4 refers to the ones who （  ）.  5.What is the essential element in the dynamics of social influence?

問題1

A、analyze the consequences of social epidemics

B、discuss influentials' function in spreading ideas

C、exemplify people's intuitive response to social epidemics

D、describe the essential characteristics of influentials

問題2

A、serves as a solution to marketing problems

B、has helped explain certain prevalent trends

C、has won support from influentials

D、requires solid evidence for its validity

問題3

A、the power of influence goes with social interactions

B、interpersonal links can be enhanced through the media

C、influentials have more channels to reach the public

D、most celebrities enjoy wide media attention

問題4

A、stay outside the network of social influence

B、have little contact with the source of influence

C、are influenced and then influence others

D、are influenced by the initial influential

問題5

A、The eagerness to be accepted.

B、The impulse to influence others.

C、The readiness to be influenced.

D、The inclination to rely on others.

3、Come on—Everybody's doing it. That whispered message, half invitation and half forcing, is what most of us think of when we hear the words peer pressure. It usually leads to no good—drinking, drugs and casual sex. But in her new book Join the Club, Tina Rosenberg contends that peer pressure can also be a positive force through what she calls the social cure, in which organizations and officials use the power of group dynamics to help individuals improve their lives and possibly the word. Rosenberg, the recipient of a Pulitzer Prize, offers a host of example of the social cure in action: In South Carolina, a state-sponsored antismoking program called Rage Against the Haze sets out to make cigarettes uncool. In South Africa, an HIV-prevention initiative known as LoveLife recruits young people to promote safe sex among their peers. The idea seems promising, and Rosenberg is a perceptive observer. Her critique of the lameness of many pubic-health campaigns is spot-on: they fail to mobilize peer pressure for healthy habits, and they demonstrate a seriously flawed understanding of psychology. "Dare to be different, please don't smoke!” pleads one billboard campaign aimed at reducing smoking among teenagers-teenagers, who desire nothing more than fitting in. Rosenberg argues convincingly that public-health advocates ought to take a page from advertisers, so skilled at applying peer pressure. But on the general effectiveness of the social cure, Rosenberg is less persuasive. Join the Club is filled with too much irrelevant detail and not enough exploration of the social and biological factors that make peer pressure so powerful. The most glaring flaw of the social cure as it's presented here is that it doesn't work very well for very long. Rage Against the Haze failed once state funding was cut. Evidence that the LoveLife program produces lasting changes is limited and mixed. There's no doubt that our peer groups exert enormous influence on our behavior. An emerging body of research shows that positive health habits—as well as negative ones—spread through networks of friends via social communication. This is a subtle form of peer pressure: we unconsciously imitate the behavior we see every day. Far less certain, however, is how successfully experts and bureaucrats can select our peer groups and steer their activities in virtuous directions. It's like the teacher who breaks up the troublemakers in the back row by pairing them with better-behaved classmates. The tactic never really works. And that's the problem with a social cure engineered from the outside: in the real world, as in school, we insist on choosing our own friends. 1.According to the first paragraph, peer pressure often emerges as（  ）.2.Rosenberg holds that public advocates should （  ）.  3.In the author's view, Rosenberg's book fails to （  ）.  4.Paragraph 5 shows that our imitation of behaviors （  ）.  5.The author suggests in the last paragraph that the effect of peer pressure is（  ）.

問題1

A、a supplement to the social cure

B、a stimulus to group dynamics

C、an obstacle to school progress

D、a cause of undesirable behaviors

問題2

A、recruit professional advertisers

B、learn from advertisers' experience

C、stay away from commercial advertisers

D、recognize the limitations of advertisements

問題3

A、adequately probe social and biological factors

B、effectively evade the flaws of the social cure

C、illustrate the functions of state funding

D、produce a long-lasting social effect

問題4

A、is harmful to our networks of friends

B、will mislead behavioral studies

C、occurs without our realizing it

D、can produce negative health habits

問題5

A、harmful

B、desirable

C、profound

D、questionable

4、An old saying has it that half of all advertising budgets are wasted—the trouble is, no one knows which half. In the internet age, at least in theory, this fraction can be much reduced. By watching what people search for, click on and say online, companies can aim “behavioural” ads at those most likely to buy.In the past couple of weeks a quarrel has illustrated the value to advertisers of such fine-grained information: Should advertisers assume that people are happy to be tracked and sent behavioural ads? Or should they have explicit permission?In December 2010 America's Federal Trade Commission (FTC) proposed adding a “do not track” (DNT) option to internet browsers, so that users could tell advertisers that they did not want to be followed. Microsoft's Internet Explorer and Apple's Safari both offer DNT; Google's Chrome is due to do so this year. In February the FTC and the Digital Advertising Alliance (DAA) agreed that the industry would get cracking on responding to DNT requests.On May 31st Microsoft set off the row. It said that Internet Explorer 10, the version due to appear with windows 8, would have DNT as a default.Advertisers are horrified. Human nature being what it is, most people stick with default settings. Few switch DNT on now, but if tracking is off it will stay off. Bob Liodice, the chief executive of the Association of National Advertisers, says consumers will be worse off if the industry cannot collect information about their preferences. People will not get fewer ads, he says. “They'll get less meaningful, less targeted ads.”It is not yet clear how advertisers will respond. Getting a DNT signal does not oblige anyone to stop tracking, although some companies have promised to do so. Unable to tell whether someone really objects to behavioural ads or whether they are sticking with Microsoft's default, some may ignore a DNT signal and press on anyway.Also unclear is why Microsoft has gone it alone. After all, it has an ad business too, which it says will comply with DNT requests, though it is still working out how. If it is trying to upset Google, which relies almost wholly on advertising, it has chosen an indirect method: There is no guarantee that DNT by default will become the norm. DNT does not seem an obviously huge selling point for windows 8—though the firm has compared some of its other products favourably with Google's on that count before. Brendon Lynch, Microsoft's chief privacy officer, blogged: “We believe consumers should have more control.” Could it really be that simple?1.It is suggested in Paragraph 1 that “behavioural” ads help advertisers to（  ）.2.“The industry” (Line 4, Para.3) refers to （  ）.  3.Bob Liodice holds that setting DNT as a default（  ）.4.Which of the following is true according to Paragraph 6?5.The author's attitude towards what Brendon Lynch said in his blog is one of（  ）.

問題1

A、ease competition among themselves

B、lower their operational costs

C、avoid complaints from consumers

D、provide better online services

問題2

A、online advertisers

B、e-commerce conductors

C、digital information analysis

D、internet browser developers

問題3

A、may cut the number of junk ads

B、fails to affect the ad industry

C、will not benefit consumers

D、goes against human nature

問題4

A、DNT may not serve its intended purpose.

B、Advertisers are willing to implement DNT.

C、DNT is losing its popularity among consumers.

D、Advertisers are obliged to offer behavioural ads.

問題5

A、indulgence

B、understanding

C、appreciation

D、skepticism

5、All around the world, lawyers generate more hostility than the members of any other profession— with the possible exception of journalism. But there are few places where clients have more grounds for complaint than America.During the decade before the economic crisis, spending on legal services in America grew twice as fast as inflation. The best lawyers made skyscrapers-full of money, tempting ever more students to pile into law schools. But most law graduates never get a big-firm job. Many of them instead become the kind of nuisance-lawsuit filer that makes the tort system a costly nightmare.There are many reasons for this. One is the excessive costs of a legal education. There is just one path for a lawyer in most American states: a four-year undergraduate degree in some unrelated subject, then a three-year law degree at one of 200 law schools authorized by the American Bar Association and an expensive preparation for the bar exam. This leaves today's average law-school graduate with $100,000 of debt on top of undergraduate debts. Law-school debt means that they have to work fearsomely hard.Reforming the system would help both lawyers and their customers. Sensible ideas have been around for a long time, but the state-level bodies that govern the profession have been too conservative to implement them. One idea is to allow people to study law as an undergraduate degree. Another is to let students sit for the bar after only two years of law school. If the bar exam is truly a stern enough test for a would-be lawyer, those who can sit it earlier should be allowed to do so. Students who do not need the extra training could cut their debt mountain by a third.The other reason why costs are so high is the restrictive guild-like ownership structure of the business. Except in the District of Columbia, non-lawyers may not own any share of a law firm. This keeps fees high and innovation slow. There is pressure for change from within the profession, but opponents of change among the regulators insist that keeping outsiders out of a law firm isolates lawyers from the pressure to make money rather than serve clients ethically.In fact, allowing non-lawyers to own shares in law firms would reduce costs and improve services to customers, by encouraging law firms to use technology and to employ professional managers to focus on improving firms' efficiency. After all, other countries, such as Australia and Britain, have started liberalizing their legal professions. America should follow. 1.A lot of students take up law as their profession due to（  ）.2.Which of the following adds to the costs of legal education in most American states?3.Hindrance to the reform of the legal system originates from （  ）.  4.The guild-like ownership structure is considered “restrictive” partly because it （  ）.  5.In this text, the author mainly discusses（  ）.

問題1

A、the growing demand from clients

B、the increasing pressure of inflation

C、the prospect of working in big firms

D、the attraction of financial rewards

問題2

A、Higher tuition fees for undergraduate studies.

B、Pursuing a bachelor's degree in another major.

C、Admissions approval from the bar association.

D、Receiving training by professional associations.

問題3

A、non-professionals' sharp criticism

B、lawyers' and clients' strong resistance

C、the rigid bodies governing the profession

D、the stem exam for would-be lawyers

問題4

A、prevents lawyers from gaining due profits

B、keeps lawyers from holding law-firm shares

C、aggravates the ethical situation in the trade

D、bans outsiders' involvement in the profession

問題5

A、flawed ownership of America's law firms and its causes

B、the factors that help make a successful lawyer in America

C、a problem in America's legal profession and solutions to it

D、the role of undergraduate studies in America's legal education