考研201英語(一)在線題庫每日一練(二百二十五)

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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、In the idealized version of how science is done, facts about the world are waiting to be observed and collected by objective researchers who use the scientific method to carry out their work. But in the everyday practice of science, discovery frequently follows an ambiguous and complicated route. We aim to be objective, but we cannot escape the context of our unique life experience. Prior knowledge and interest influence what we experience, what we think our experiences mean, and the subsequent actions we take. Opportunities for misinterpretation, error, and self-deception abound. Consequently, discovery claims should be thought of as protoscience. Similar to newly staked mining claims, they are full of potential. But it takes collective scrutiny and acceptance to transform a discovery claim into a mature discovery. This is the credibility process, through which the individual researcher's me, here, now becomes the community's anyone, anywhere, anytime. Objective knowledge is the goal, not the starting point. Once a discovery claim becomes public, the discoverer receives intellectual credit. But, unlike with mining claims, the community takes control of what happens next. Within the complex social structure of the scientific community, researchers make discoveries; editors and reviewers act as gatekeepers by controlling the publication process; other scientists use the new finding to suit their own purposes; and finally, the public (including other scientists) receives the new discovery and possibly accompanying technology. As a discovery claim works it through the community, the interaction and confrontation between shared and competing beliefs about the science and the technology involved transforms an individual's discovery claim into the community's credible discovery. Two paradoxes exist throughout this credibility process. First, scientific work tends to focus on some aspect of prevailing Knowledge that is viewed as incomplete or incorrect. Little reward accompanies duplication and confirmation of what is already known and believed. The goal is new-search, not re-search. Not surprisingly, newly published discovery claims and credible discoveries that appear to be important and convincing will always be open to challenge and potential modification or refutation by future researchers. Second, novelty itself frequently provokes disbelief. Nobel Laureate and physiologist Albert Azent-Gyorgyi once described discovery as “seeing what everybody has seen and thinking what nobody has thought.” But thinking what nobody else has thought and telling others what they have missed may not change their views. Sometimes years are required for truly novel discovery claims to be accepted and appreciated. In the end, credibility “happens” to a discovery claim—a process that corresponds to what philosopher Annette Baier has described as the commons of the mind. “We reason together, challenge, revise, and complete each other's reasoning and each other's conceptions of reason.” 1.According to the first paragraph, the process of discovery is characterized by its(  ).2.It can be inferred from Paragraph 2 that credibility process requires (  ).  3.Paragraph 3 shows that a discovery claim becomes credible after it (  ).  4.Albert Szent-Gyorgyi would most likely agree that (  ).  5.Which of the following would be the best title of the test? 

問題1

A、uncertainty and complexity

B、misconception and deceptiveness

C、logicality and objectivity

D、systematicness and regularity

問題2

A、strict inspection

B、shared efforts

C、individual wisdom

D、persistent innovation

問題3

A、has attracted the attention of the general public

B、has been examined by the scientific community

C、has received recognition from editors and reviewers

D、has been frequently quoted by peer scientists

問題4

A、scientific claims will survive challenges

B、discoveries today inspire future research

C、efforts to make discoveries are justified

D、scientific work calls for a critical mind

問題5

A、Novelty as an Engine of Scientific Development.

B、Collective Scrutiny in Scientific Discovery.

C、Evolution of Credibility in Doing Science.

D、Challenge to Credibility at the Gate to Science.

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 US $3-million Fundamental Physics Prize is indeed an interesting experiment, as Alexander Polyakov said when he accepted this year’s award in March. And it is far from the only one of its type. As a News Feature article in Nature discusses, a string of lucrative awards for researchers have joined the Nobel Prizes in recent years. Many, like the Fundamental Physics Prize, are funded from the telephone-number-sized bank accounts of Internet entrepreneurs. These benefactors have succeeded in their chosen fields, they say, and they want to use their wealth to draw attention to those who have succeeded in science.What's not to like? Quite a lot, according to a handful of scientists quoted in the News Feature. You cannot buy class, as the old saying goes, and these upstart entrepreneurs cannot buy their prizes the prestige of the Nobels. The new awards are an exercise in self-promotion for those behind them, say scientists. They could distort the achievement-based system of peer-review-led research. They could cement the status quo of peer-reviewed research. They do not fund peer-reviewed research. They perpetuate the myth of the lone genius.The goals of the prize-givers seem as scattered as the criticism. Some want to shock, others to draw people into science, or to better reward those who have made their careers in research.As Nature has pointed out before, there are some legitimate concerns about how science prizes—both new and old—are distributed. The Breakthrough Prize in Life Sciences, launched this year, takes an unrepresentative view of what the life sciences include. But the Nobel Foundation's limit of three recipients per prize, each of whom must still be living, has long been outgrown by the collaborative nature of modern research—as will be demonstrated by the inevitable row over who is ignored when it comes to acknowledging the discovery of the Higgs boson. The Nobels were, of course, themselves set up by a very rich individual who had decided what he wanted to do with his own money. Time, rather than intention, has given them legitimacy.As much as some scientists may complain about the new awards, two things seem clear. First, most researchers would accept such a prize if they were offered one. Second, it is surely a good thing that the money and attention come to science rather than go elsewhere. It is fair to criticize and question the mechanism—that is the culture of research, after all—but it is the prize-givers, money to do with as they please. It is wise to take such gifts with gratitude and grace.1.The Fundamental Physics Prize is seen as(  ).2.The critics think that the new awards will most benefit (  ).  3.The discovery of the Higgs boson is a typical case which involves (  ).  4.According to Paragraph 4, which of the following is true of the Nobels?5.The author believes that the new awards are(  ).

問題1

A、a symbol of the entrepreneurs' wealth

B、a possible replacement of the Nobel Prizes

C、a handsome reward for researchers

D、an example of bankers, investments

問題2

A、the profit-oriented scientists

B、the founders of the awards

C、the achievement-based system

D、peer-review-led research

問題3

A、the joint effort of modern researchers

B、controversies over the recipients' status

C、the demonstration of research findings

D、legitimate concerns over the new prizes

問題4

A、History has never cast doubt on them.

B、They are the most representative honor.

C、Their legitimacy has long been in dispute.

D、Their endurance has done justice to them.

問題5

A、harmful to the culture of research

B、acceptable despite the criticism

C、subject to undesirable changes

D、unworthy of public attention

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

B、handling one's historical records

C、scanning one's correspondences

D、going through one's wallet

問題4

A、principles are hard to be clearly expressed

B、the court is giving police less room for action

C、phones are used to store sensitive information

D、citizens, privacy is not effectively protected

問題5

A、the Constitution should be implemented flexibly

B、new technology requires reinterpretation of the Constitution

C、California's argument violates principles of the Constitution

D、principles of the Constitution should never be altered

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