考研201英語(yǔ)(一)在線題庫(kù)每日一練(三百一十二)

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(wèn)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(wèn)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(wèn)題3

A、loss of good will

B、increase of hostility

C、change of attitude

D、enhancement of dignity

問(wèn)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(wèn)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、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(wèn)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(wèn)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(wèn)題3

A、violated the Constitution

B、undermined the states' interests

C、supported the federal statute

D、stood in favor of the states

問(wèn)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(wèn)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.

3、As many people hit middle age, they often start to notice that their memory and mental clarity are not what they used to be. We suddenly can't remember(1)we put the keys just a moment ago, or an old acquaintance's name, or the name of an old band we used to love. As the brain(2), we refer to these occurrences as “senior moments.”(3)seemingly innocent, this loss of mental focus can potentially have a(n)(4)impact on our professional, social, and personal(5).Neuroscientists, experts who study the nervous system, are increasingly showing that there's actually a lot that can be done. It (6)out that the brain needs exercise in much the same way our muscles do, and the right mental (7)can significantly improve our basic cognitive(8). Thinking is essentially a (9) of making connections in the brain. To a certain extent, our ability to (10) in making the connections that drive intelligence is inherited. (11), because these connections are made through effort and practice, scientists believe that intelligence can expand and fluctuate (12)  mental effort.Now, a new Web-based company has taken it a step (13) and developed the first “brain training program” designed to actually help people improve and regain their mental (14).The Web-based program (15) you to systematically improve your memory and attention skills. The program keeps (16) of your progress and provides detailed feedback (17) your performance and improvement. Most importantly, it (18) modifies and enhances the games you play to (19) on the strengths you are developing—much like a(n) (20)  exercise routine requires you to increase resistance and vary your muscle use. 

問(wèn)題1

A、why

B、when

C、that

D、where

問(wèn)題2

A、improves

B、fades

C、collapses

D、recovers

問(wèn)題3

A、While

B、Unless

C、Once

D、If

問(wèn)題4

A、uneven

B、limited

C、damaging

D、obscure

問(wèn)題5

A、relationship

B、environment

C、wellbeing

D、outlook

問(wèn)題6

A、turns

B、finds

C、points

D、figures

問(wèn)題7

A、responses

B、roundabouts

C、workouts

D、associations

問(wèn)題8

A、genre

B、criterion

C、circumstances

D、functions

問(wèn)題9

A、channel

B、process

C、sequence

D、condition

問(wèn)題10

A、excel

B、feature

C、persist

D、believe

問(wèn)題11

A、However

B、Moreover

C、Otherwise

D、Therefore

問(wèn)題12

A、instead of

B、regardless of

C、apart from

D、according to

問(wèn)題13

A、back

B、further

C、aside

D、around

問(wèn)題14

A、framework

B、stability

C、sharpness

D、flexibility

問(wèn)題15

A、hurries

B、reminds

C、forces

D、allows

問(wèn)題16

A、order

B、track

C、hold

D、pace

問(wèn)題17

A、to

B、on

C、for

D、with

問(wèn)題18

A、constantly

B、habitually

C、irregularly

D、unusually

問(wèn)題19

A、carry

B、put

C、build

D、take

問(wèn)題20

A、risky

B、familiar

C、idle

D、effective

4、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(wèn)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(wèn)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(wèn)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(wèn)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(wèn)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

5、For the first time in history more people live in towns than in the country. In Britain this has had a curious result. While polls show Britons rate “the countryside” alongside the royal family, Shakespeare and the National Health Service (NHS) as what makes them proudest of their country, this has limited political support.A century ago Octavia Hill launched the National Trust not to rescue stylish houses but to save “the beauty of natural places for everyone forever.” It was specifically to provide city dwellers with spaces for leisure where they could experience “a refreshing air.” Hill's pressure later led to the creation of national parks and green belts. They don't make countryside any more, and every year concrete consumes more of it. It needs constant guardianship.At the next election none of the big parties seem likely to endorse this sentiment. The Conservatives' planning reform explicitly gives rural development priority over conservation, even authorising “off-plan” building where local people might object. The concept of sustainable development has been defined as profitable. Labour likewise wants to discontinue local planning where councils oppose development. The Liberal Democrats are silent. Only Ukip, sensing its chance, has sided with those pleading for a more considered approach to using green land. Its Campaign to Protect Rural England struck terror into many local Conservative parties.The sensible place to build new houses, factories and offices is where people are, in cities and towns where infrastructure is in place. The London agents Stirling Ackroyd recently identified enough sites for half a million houses in the London area alone, with no intrusion on green belt. What is true of London is even truer of the provinces. The idea that “housing crisis” equals “concreted meadows” is pure lobby talk. The issue is not the need for more houses but, as always, where to put them. Under lobby pressure, George Osborne favours rural new-build against urban renovation and renewal. He favours out-of-town shopping sites against high streets. This is not a free market but a biased one. Rural towns and villages have grown and will always grow. They do so best where building sticks to their edges and respects their character. We do not ruin urban conservation areas. Why ruin rural ones?Development should be planned, not let rip. After the Netherlands, Britain is Europe's most crowded country. Half a century of town and country planning has enabled it to retain an enviable rural coherence, while still permitting low-density urban living. There is no doubt of the alternative—the corrupted landscapes of southern Portugal, Spain or Ireland. Avoiding this rather than promoting it should unite the left and right of the political spectrum.1.Britain's public sentiment about the countryside(  ).2.According to Paragraph 2, the achievements of the National Trust are now being (  ).  3.Which of the following can be inferred from Paragraph 3?4.The author holds that George Osborne's preference (  ).  5.In the last paragraph, the author shows his appreciation of(  ).

問(wèn)題1

A、has brought much benefit to the NHS

B、didn't start till the Shakespearean age

C、is fully backed by the royal family

D、is not well reflected in politics

問(wèn)題2

A、gradually destroyed

B、effectively reinforced

C、properly protected

D、largely overshadowed

問(wèn)題3

A、Labour is under attack for opposing development.

B、The Conservatives may abandon “off-plan” building.

C、Ukip may gain from its support for rural conservation.

D、The Liberal Democrats are losing political influence.

問(wèn)題4

A、reveals a strong prejudice against urban areas

B、shows his disregard for the character of rural areas

C、stresses the necessity of easing the housing crisis

D、highlights his firm stand against lobby pressure

問(wèn)題5

A、the size of population in Britain

B、the enviable urban lifestyle in Britain

C、the town-and-country planning in Britain

D、the political life in today's Britain

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