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2016年博士招生英语试卷

华东政法大学

2016年博士研究生入学考试英语试卷

第一部分基础英语试题

Part I: Grammar & Vocabulary (15%)

Directions: Choose the word or phrase that best completes each sentence and then mark your answers on your ANSWER SHEET 1.

1. The money spent on medical insurance last year was four times ___ ten years ago.

A. much more

B. as much as of

C. that as much of that

D. as much as that of

2. When the farmers visited the city the first time, they were ___ by its complicated traffic system.

A. precluded

B.bewildered

C. diverted

D.expired

3. After John had ___ among his guests, dinner was announced.

A.circulated

B. spread

C. passed on

D. publicized

4. The No. 1 domestic ___ of the government is to clean up the environment.

A. commission

B. committee

C. committence

D. commitment

5. He was regretful over his impractical goal which just turned out to be a ______.

A. mirage

B. miracle

C. miagrate

D. mirador

6. ________ for your help, I could not have accomplished the dissertation.

A. Had it been not

B. Had not it been

C. Had not been it

D. Had it not been

7. With the number of private cars increasing, the main streets are often _____

duringthe rush hour.

A. clattered

B. propped

C. clogged

D. hindered

8. When you take medicine, be careful not to _______ that amount printed on thebottle.

A. exceed

B. substitute

C. exert

D. surpass

9. After the Arab states won independence, great emphasis was laid on expanding education, with girls as well as boys _______ to go to school.

A. to be encouraged

B. been encouraged

C. being encouraged

D. be encourage

10. In her love the sea is _______ symbol: to the narrator it clearly represents everything that is destructive in nature, but at other times it seems to stand for everything in nature that is serenely beautiful.

A. an enduring

B. an ambiguous

C. a coherent

D. a discrete

11. All of the women _______ at how well formed the baby was.

A. acclaimed

B. declaimed

C. proclaimed

D. exclaimed

12. The local business was not much _______ by the sudden outbreak of the epidemic.

A. intervened

B. insulated

C. hampered

D. pampered

13. A terrible traffic accident happened; people were saddened when they watched the _______ sight on TV.

A. panic

B. patriotic

C. pathetic

D. periodic

14. It is _______ impossible to imagine that universities, hospitals, large businesses or even science and technology could have come into being without cities to support them.

A. preferably

B. virtually

C. precisely

D. presumably

15. I really wanted to say something at the meeting, but eventually ________ from it.

A. prevented

B. restrained

C. refrained

D. restricted

16. I was so sick last night that I felt as if the room ________ round.

A. would go

B. had gone

C. were going

D. should go

17.This law ________ the number of accidents caused by children running across the road when they get off the bus.

A. is intended to reduce

B. intends to be reduced

C. intends reducing

D. is intended reducing

18. Would you mind if I ________ you a few questions?

A. am asking

B. will ask

C. asked

D. should ask

19.The party was excellent, and I‘d like to thank all the ________.

A. concerning people

B. people concerning

C. people concerned

D. concerned people

20.Church as we use the word refers to all religious institutions, ________ they Christian, Islamic, Buddhist, Jewish, and so on.

A. be

B. being

C. were

D. are

21. Western Nebraska generally receives less snow than ______ Eastern Nebraska.

A. in

B. does

C. it receives in

D. it does in

22. Let‘s speed up the lesson. If we ______ too long on grammar, we ______ enough time for oral activities.

A. spent…would get

B. spent…would not get

C. had spent…would have got

D. had spent…would not have got

23. In spite _____ they worked day and night on the project, they failed to find out the

mechanism of the disease.

A. that

B. the fact that

C. of the fact that

D. of what

24. Christine‘s real problem is th at she confidence.

A. is lack of

B. is lacking in

C. lacks for

D. lacks of

25. We should be judged by the quality of our products and the value investors ______ from them.

A.deride

B. derive

C. elude

D. evade

26. Onlywhenchildrenmake______effortscantheybecomesuccessful.

A. arduous

B. adequate

C. affluent

D. abundant

27. Weallwant to feelimportantandsowe______ the positive attention of others.

A. craft

B. crave

C. crack

D. craze

28. A new service ______ to the needs of disabled people who want to go on living in their own homes.

A. comes

B. dedicates

C. caters

D. contributes

29. Because of the ______ of its ideas, the book was in wide circulation both at home and abroad.

A. originality

B. subjectivity

C. generality

D. ambiguity

30. His expenditure on holidays and luxuries is rather high in ______ to his income.

A. comparison

B. proportion

C. association

D. calculation Part II: Reading Comprehension (20%).

Direction: There are 4 reading passages in this part. Each passage is followed by some questions or unfinished statements. For each of them there are four choices marked A, B, C, and D. You should decide on the best choice and mark the

corresponding letter on the Answer Sheet 1 with a single line through the center. Passage One

Questions 31 to 35 are based on the following passage.

According to sociologists, there are several different ways in which a person may become recognized as the leader of a social group in the United States. In the family, traditional cultural patterns confer leadership on one or both of the parents. In other cases, such as friendship groups, one or more persons may gradually emerge as leaders, although there is no formal process of selection. In larger groups, leaders are usually chosen formally through election or recruitment.

Although leaders are often thought to be people with unusual personal ability, decades of research have failed to produce consistent evidence that there is any category of “natural leaders.” It seems that there is no set of personal qualities that all leaders have in common; rather, virtually any person may be recognized as a leader if the person has qualities that meet the needs of that particular group.

Furthermore, although it is commonly supposed that social groups have a single leader, research suggests that there are typically two different leadership roles that are held by different individuals. Instrumental leadership is leadership that emphasizes the completion of tasks by a social group. Group members look to instrumental leaders to ―get things done‖. Expressive leadership, on the other hand, is leadership that emphasizes the collective well-being of a social group‘s member. Expressive leader are less concerned with the overall goals of the group than with providing emotional support to group members and attempting to minimize tension and conflict among them. Group members expect expressive leaders to maintain stable relationships within the group and provide support to individual members.

Instrumental leaders are likely to have a rather secondary relationship to other group members. They give orders and may discipline group members who inhibit attainment of the group‘s goals. Expressive leaders cul tivate a more personal or primary relationship to others in the group. They offer sympathy when someone experiences

difficulties or is subjected to discipline, are quick to lighten a serious moment with humor, and try to resolve issues that threaten to divide the group. As the differences in these two roles suggest, expressive leaders generally receive more personal affection from group members; instrumental leaders, if they are successful in promoting group goals, may enjoy a distant respect

31. What does the passage mainly discuss?

A. The problems faced by leaders

B. How leadership differs in small and large groups

C. How social groups determine who will lead them

D. The role of leaders in social groups

32. The passage mentions all of the following ways by which people can become leaders EXCEPT _______.

A. recruitment

B. formal election process

C. specific leadership training

D. traditional cultural patterns

33. What can be inferred from the second paragraph about “natural leaders”?

A. Few people quali fy as ―natural leaders‖.

B. There is no proof that ―natural leaders‖ exist.

C. ―Natural leaders‖ are easily accepted by the members of a social group.

D. ―Natural leaders‖ share a similar set of characteristics.

34. Which of the following statements about leadership can be inferred from Paragraph 2?

A. A person who is an effective leader of a particular group may not be an effective leader in another group.

B. Few people succeed in sharing a leadership role with another person.

C. A person can best learn how to be an effective leader by studying research on leadership.

D. Most people desire to be leaders but can produce little evidence of their

qualifications.

35. Paragraphs 3 and 4 organize the discussion of leadership primarily in term of _______.

A. examples that illustrate a problem

B. cause and effect analysis

C. narration of events

D. comparison and contrast

Passage Two

Questions 36 to 40 are based on the following passage.

I am always a little puzzled when I hear people complain about the difficulties of finding a good job. Young people in their 20s express dissatisfaction that all the good jobs have been taken by those in their 40s. People in their 40s, trapped in the middle groups of the workforce, complain about waiting for their elders to make room for them at the top. Older employees worry about being forced out of the job market prematurely by younger people willing to work at entry-level wages. It is not a pretty picture.

But I do not buy it. In my view, differences between generations are not a problem but an opportunity-if you remember to apply some basic principles of self-marketing. Most of us learned from Marketing 101 textbooks that there are four phases in the life cycle of a product or brand. The names may differ, but essentially the four phases are Introduction, Growth, Maturity and Decline. As a manager of high-profile athletes for more than 30 years, I know that these four phases certainly apply to the career and marketability of an athlete.

An athlete‘s introduction or start-up phase is when he or she starts competing, does well and captures the attention of people in the sport. Introduction turns into the growth phase when the athlete goes from being a promising performer to an established star. That‘s when everybody wants a piece of the athlete‘s time and he must stay focused on his primary talent and not get distracted by side issues.

For an athlete, the toughest thing about the mature phase may simply be recognizing that he or she is in it. If you‘re marketing a bar of soap i t is easy to tell if the product is mature. It is there in the stagnant or shrinking sales figures. It is different with athletes. Not only do they think the growth phase will never end, but they often deny that there is any decrease in their athletic skills or marketability, no matter what the numbers say.

The decline phase for an athlete may sound harsh, but it doesn‘t have to be if he or she thinks of it as a reflective phase. In this phase an athlete can have a tremendous future as a legendary figure who functions as an ambassador for his or her sport. If you substitute ―employee‖ for ―athlete‖ in these examples, these four phases apply to any individual‘s career.

I genuinely believe that whenever people face a career crisis, a big reason is because they are ―out of phase.‖ I have always been a tremendous advocate of recruiting older workers. With the massive downsizing of corporate America, there are tens of thousands of talented men and women over the age of 50 who feel shut out of the work-place. To me, these people are a gold mine--not because they are available but rather because they possess the qualities that employees in the introduction and growth phases lack, namely wisdom and experience. And since many of them received generous early-retirement packages, money is not their sole motivation. In other words, they are affordable.

If I were marketing myself in the mature phase, I‘d focus on these qualities. Wisdom, experience and affordability make up a potent package. But you cannotdo that unless you first recognize and fully appreciate the phase you are in.

36. What can be concluded from the passage?

A. Most young people cannot find a job if they don‘t study the four phase theory.

B. Young people with good jobs have studied the four phase theory.

C. Job seekers should fully understand the phase they are in.

D. Older employees will be forced out of the job market by the young.

37. Who are complaining about the difficulties of getting a good job at the top?

A. Young people hopping from job to job.

B. People in their forties.

C. Older employees with the likelihood of early retirement.

D. People not completing the four phases in their career cycle.

38. Which of the following statements is TRUE according to the author?

A. One generation‘s ambition will sooner or later become a reality.

B. Finding a good job mainly depends on one‘s age.

C. Differences between generations are more of an opportunity than a problem.

D. The marketability of a product can be compared to that of an athlete.

39. According to the author, in which of the four phases can an athlete have a tremendous appeal?

A. Introduction phase

B. Growth phase

C. Mature phase

D. Decline phase

40. The author thinks highly of older employees because _______.

A. they are good at marketing themselves

B. they are obedient and can be easily controlled

C. they possess better qualities in the growth phase

D. they have more wisdom, experience and affordability

Passage Three

Questions 41 to 45 are based on the following passage

Three Yale University professors agreed in a panel discussion tonight that the automobile was what one of them called ―Public Health Enemy No.1 in this country.‖ Besides polluting the air and congesting the cities, cars are involved in more than half the disabling accidents, and they cause heart disease ―because we don‘t walk

anywhere anymore,‖ said Dr. H. Richard Weinerman, professor of medicine and public health. Dr. Weinerman‘s sharp criticism of automobile came in a discussion of human environment on Yale Reports, a radio program broadcast by Station WTIC in Hartford, Connecticut. The program opened a three-part series on ―Staying Alive.‖ ―For the first time in human history, the problem of man‘s survival has to do with his control of man-m ade dangers,‖ Dr. Weinerman said. ―Before this, the problem had been the control of natural dangers.‖

Relating many of these dangers of the automobile, Arthur W. Galston, a professor of biology, said it was possible to make a kerosene-burning car that wou ld ―lessen smog by a very large factor.‖ But he expressed doubt that Americans were willing to give up moving about the countryside at 90 miles an hour in a large vehicle. ―America seems wedded to the motor car - every family has to have at least two, and one has to be a convertible with 300 horsepower,‖ Professor Galston continued. ―Is this the way of life that we choose because we cherish these values?‖

For Paul B. Sears, professor of conservation, part of the blame lies with ―a society that regards prof it as a supreme value, under the false idea that anything that‘s technically possible is, therefore, ethically justified.‖ Professor Sears also called the country‘s dependence on its modern automobile ―lousy economics‖ because of the large horsepower used simply ―moving one person to work.‖ But he agreed that Americans have painted themselves into a corner by allowing the national economy to become so reliant on the automobile industry.

According to Dr. Weinerman, automobiles, not the factories, are responsible for two-thirds of the smog in American cities, and the smog presents the possibility of a whole new kind of epidemic, not due to one germ, but due to polluted environment. ―Within another five to ten years, it‘s possible to have an epidemic of lung c ancer in a city like Los Angeles. This is a new phenomenon in health concern,‖ he said.

The solution, he continued, is ―not to find a less dangerous fuel, but a different system

of inner-city transportation. Because of the increasing use of cars, public t ransportation has been allowed to wither and degenerate, so that if you can‘t walk to where you want to go, you have to have a car in most cities,‖ he asserted. This, in turn, Dr. Weinerman contended, is responsible for the ―arteriosclerosis‖ of public roa ds, for the blightof the inner city and for the middle-class movement to the suburbs.

41.The main idea of this article is that _______.

A. Americans are too attached to their cars.

B. American cars run too fast and consume too much fuel.

C. The automobile industry has caused all this to happen.

D. automobiles endanger both the environment and people.

42. In Paragraph 2, Professor Galston implies that _______.

A. people are more interested in fast automobiles than in their health.

kerosene-burning cars would pollute the environment more seriously than

B. gasoline-burning engines do.

C. Americans feel more closely connected to their cars than to the environment.

D. it is not right for every family to have at least two cars.

43. In paragraph 3, Professor Sears implies that _______.

A. technology is always good for people.

B. technology is not always good for people.

C. financial profit is more important than technological advancement.

D. technological advancement will improve financial profit.

44. It can be inferred from Paragraph 5 that _______.

A. a fuel less dangerous than gasoline must be found.

B. people should get rid of their cars and take the bus to work.

C. public transportation should be improved so that people can become less dependent upon their cars for inner-city transportation.

D. the only solution to this problem is to build more high ways and more subways.

45. Dr. Weinerman would probably agree that _______, if public transportation were improved.

A. the inner city might improve

B. the middle class would move to the suburbs

C. public roads would get worse

D. there would still be an urgent need to build more highways

Passage Four

Questions 46 to 50 are based on the following passage.

More and more, the operations of our businesses, governments, and financial institutions are controlled by information that exists only inside computer memories. Anyone clever enough to modify this information for his own purposes can reap substantial rewards. Even worse, a number of people who have done this and been caught at it have managed to get away without punishment.

It‘s easy for computer crimes to go undetected if no one checks up on what the computer is doing. But even if the crime is detected, the criminal may walk away not only unpunished but with a glowing recommendation from his former employers.

Of course, we have no statistics on crimes that go undetected. But it‘s disturbing to note how many of the crimes we do know about were detected by accident, no t by systematic inspections or other security procedures. The computer criminals who have been caught may have been the victims of uncommonly bad luck.

For example, a certain keypunch operator complained of having to stay overtime to punch extra cards. Investigation revealed that the extra cards he was being asked to punch were for dishonest transactions. In another case, dissatisfied employees of the thief tipped off the company that was being robbed.

Unlike other lawbreakers, who must leave the country, commit suicide, or go to jail,

computer criminals sometimes escape punishment, demanding not only that they not be charged but that they be given good recommendations and perhaps other benefits. All too often, their demands have been met.

Why? Because company executives are afraid of the bad publicity that would result if the public found out that their computer had been misused. They hesitate at the thought of a criminal boasting in open court of how he juggled(耍弄) the most confidential records right under the noses of the company‘s execu tives, accountants , and security staff. And so another computer criminal departs with just the recommendations he needs to continue his crimes elsewhere.

46. It can be concluded from the passage that __________.

A. it is still impossible to detect computer crimes today

B. computer crimes are the most serious problem in the operation of financial institutions

C.many computer criminals can escape punishment because they can‘t be detected

D. people commit computer crimes at the request of their company

47. It is implied in the third paragraph that __________.

A. many more computer crimes go undetected than are discovered

B. the rapid increase of computer crimes is a troublesome problem

C. most computer criminals are smart enough to cover up their crimes

D. most computer criminals are smart enough to cover up their bad luck

48. Which of the following is mentioned in the passage? __________

A. A strict law against computer crimes must be enforced.

B. Companies need to impose restrictions on confidential information.

C. Companies will guard against computer crimes to protect their reputation

D. Companies usually hesitate to uncover computer crimes.

49. What may happen to computer criminals once they are caught? __________

A. With a bad reputation they can hardly find another job.

B. They will be denied access to confidential records.

C. They may walk away and easily find another job.

D. They must leave the country or go to jail.

50. The passage is mainly about __________.

A. why computer crimes are difficult to detect by systematic inspections.

B. how computer criminals manage to get good recommendation from their former employers

C. why computer criminals are often able to escape punishment

D. why computer crimes can‘t be eliminated

Part III: English Writing (15%)

DIRECTIONS: For this part, you are going to write a short essay on the title. You should write about 250 words and write your essay on the ANSWER SHEET 2. Title:

How does online shopping influence our daily life?

NOTES:Marks will be awarded for content, organization, grammar and appropriateness. Failure to follow the instruction may result in a loss of marks.

第二部分专业英语试题

Part I. Reading comprehension

There are altogether 7 sections. Students are required to complete 5 sections: complete Sections I through III and choose 2 sections from Sections IV through VII. Please make a single choice as your answer.

I.The psychological exploration into litigants‘ procedural preferences dates back to the early 1970s, when empirical research by Thibaut and Walker — largely regarded as the originators of the procedural justice paradigm — and their colleagues revealed that laypeople care about their direct and indirect control over legal decisions that affect them. They demonstrated that when laypeople evaluate procedures, they generally assess how the procedures distribute control between the parties themselves

and third parties (e.g., mediators, arbitrators, judges). Their research also suggests that disputants prefer proceduresthat allow them (as opposed to third parties) to control the process. Their early work highlights the important role that ―voice‖ (i.e., the opportunity to share one‘s story or side of the dispute) plays in how disputants construe dispute resolution options, which in turn illuminates the critical role that subjective perceptions play in the functioning of the legal system. Subsequent research produced additional theories that explain why disputants care about process. One theory —the ―instrumental‖ or ―social exchange‖ theory — suggests that people desire process control because they believe it provides an indirect way to control their dispute‘s outcome. Another framework —the ―group value‖ model — suggests that people care about process because the quality of the process they experience helps them to assess their status and inclusion within their group orcommunity. Other research emphasized how process has important implications for how people perceive social justice — when the fairness of an outcome is ambiguous, people often use their evaluations of the process they experienced as a mental shortcut for assessing the outcome.

In practice, legal organizations and scholars often use the concept of control to classify legal procedures. Mediation and negotiation are commonly conceptualized as offering litigants greater process and outcome control as compared to adjudicatory options such as trial and arbitration. The American Bar Association, for example, describesmediation and negotiation as offering parties greater participation in reaching a resolution, as well as control over the outcome.Similarly, scholars often conceptualize legal procedures on a spectrum. On one end of the scale, negotiation offers participants control over both the process and outcome and does not involve a third-party neutral. On the other end, arbitration and trial empower third-party neutrals to determine the outcome of a dispute and impose formality on the process. Mediation, existing in the middle of the spectrum, utilizes a third-party neutral, but allows parties to shape the process and control the outcome.

51. Thibaut and Walker are regarded as

(a) researchers of litigants‘ procedural preferences.

(b) laypeoplewho care about their direct and indirect control over legal decisions.

(d) empirical researchers.

52. Thibaut and Walker found in their research that laypeople

(a) caremore about their direct control over legal decisions that affect them.

(b) evaluate procedures by the distribution of control between the parties themselves and third parties.

(d) believethat process control provides a direct way to control their dispute‘s outcome.

53. According to the first paragraph, which of the statements is wrong?

(a) When the fairness of an outcome is clear, people often use their evaluations of the process as a mental shortcut for assessing the outcome.

(b) Social exchangetheory suggests that people desire process control because they believe it provides an indirect way to control their dispute‘s outcome.

(c) Group value model suggests that people care about process because the quality of the process they experience helps them to assess their status and inclusion within their group orcommunity.

(d) Process has important implications for how people perceive social justice.

54. What is the most suitable topic of the second paragraph?

(a) NegotiationOffersLitigants the GreatestControl

(b) Mediation OffersLitigants Greater Control

(d) Classification of Legal Procedures by Process Control

https://www.wendangku.net/doc/6f6651202.html,st Term, the Supreme Court in United States v. Halper, unanimouslycreated a rule of law that will disrupt federal, state, and localgovernments' ability to enforce a vast array of important regulatoryschemes, including environmental protection, securities regulation, andtax collection. This likely disruption flows from the Court's recognitionthat certain constitutional protections, previously thought only availableto criminal defendants, are at times equally accessible to civil defendantsfrom whom government is attempting to collect civil penalties for proscribedactivity. While the Court's decision in Halper focused only onthe extension of the double jeopardy clause to civil penalty proceedings,its reasoning and holding are sufficiently broad to allow the applicationof other constitutional protections to government-initiated civil penaltycases. These additional constitutional protections could include theeighth amendment, the self-incrimination clause of the fifth amendment,and the trial guarantees of the sixth amendment.

Turning initially to the more narrow double jeopardy issue addressed in Halper, the Court's application of double jeopardy protection to a civil penalty proceeding was a remarkable change in the law. By extending the reach of the double jeopardy clause, Justice Blackmun's opinion ignored a consistent line of cases recognizing double jeopardy protection only in the context of a criminal proceeding. Looking at Halper from a more panoramic angle, however, it is the Court's reasoning, apart from its holding on double jeopardy that forms the core of the disruption created for government regulatory programs.

For example, in the process of justifying its ruling, the Court found it necessary: (1) to blur the line between civil and criminal punishment andto define punishment for constitutional purposes to include civil penalties; (2) to discard a statutory construction test used for over fifty years in deciding whether a legislature intended a criminal or civil penalty; (3) to reject the concept of deterrence as a legitimate

objective of a civil statute; (4) to reduce the concept of government damage to a monetary formula while ignoring substantial precedent which recognized the possibility of nonmeasurable harm to government; (5) to create an accounting procedure for deciding when the line is crossed between remedy and punishment for constitutional purposes; and (6) to allow individual trial courts to replace the will of legislatures in deciding the rational level of indemnity to government for its loss.

55. The new rule created by the Court in Halper casewill disrupt different levels of governments' ability to

(a) enforce a vast array of important regulatoryschemes.

(b) enforceall the important regulatoryschemes.

(d) enforcethe important regulatoryschemes other than environmental protection, securities regulation, andtax collection.

56. According to Halper, which of the following is NOT true?

(a) Certain constitutional protections, previously thought only availableto criminal defendants, are equally accessible to civil defendants.

(b) The reasoning and holding are sufficiently broad to allow the applicationof other constitutional protections to government-initiated civil penaltycases.

(c) Theeighth amendment, the self-incrimination clause of the fifth amendment,and the trial guarantees of the sixth amendment are available to civil defendants.

(d) The Court's reasoning and decision focused only onthe extension of the double jeopardy clause to civil penalty proceedings.

57. What is the remarkable change in the law according to the second paragraph?

(a) To narrow double jeopardy issue

(b) To ignore a consistent line of cases recognizing double jeopardy protection only in the context of a criminal proceeding

(d) To look at Halper from a more panoramic angle

58. Reading the paragraphs given, one can feel that author ___ the Halper case.

(a) disagrees with

(b) has negative feeling with

(d) likes

III.The Copyright Act of 1976 is the governing federal copyright law in the United States. Pursuant to section 102, copyright protection subsists upon satisfaction of three conditions: first, a work must be an ―original work of authorship‖; second, the work must be ―fixed in any tangible medium of expression‖; and third, the work must come within the subject matter of copyright. Sports telecasts are original works of

authorship. To be original, a work must be independently created (as opposed to copied from other works) and possess at l east ―some minimal degree of creativity.‖ It is obvious that live sports telecasts are independent creations, rather than reproductions of earlier works. The creativity element is just as easily satisfied. Courts long have recognized that photographing and filming involves creative endeavors. In the context of filming sports, the decisions ―concerning camera angles, types of shots, the use of instant replays and split screens, and shot selection similarly supply the creativity required for the copyrightabil ity of the telecasts.‖ Sports telecasts are fixed in a tangible medium of expression. Additionally, it is of no consequence that these live sports telecasts are fixed simultaneous with its transmission. Section 101 expressly provides that ―[a] work consist ing of sounds, images, or both, that are being transmitted, is ?fixed‘ ... if a fixation of the work is being made simultaneously with its transmission.‖ Since the telecasts of the games are videotaped at the same time that they are disseminated, the telecasts are fixed in tangible form.

Sports telecasts are within the subject matter of copyright as an ―audiovisual work.‖ The Copyright Act notes several types of subject matter that is copyrightable, of which ―audiovisual works‖ is one of the categories. To be satisfied as an audiovisual work, the work in question must consist of a series of related images shown by the use of machines or devices with accompanying sounds. From this definition, there is no doubt that sports telecasts are within the subject matter of copyright. Since it is clearly established that sports telecasts, even those transmitted on a live basis, are copyrighted works, the next issue is ownership of the copyright.

This issue was first addressed in Pittsburgh Athletic Co. v. KQV Broadcasting Co., albeit a decision under the old copyright regime. In a suit for an injunction against KQV Broadcasting for interfering with General Mills‘ exclusive contract to broadcast Pirates games over the radio, the court ruled that the baseball team had a property right to control the news of games by broadcasting.

59. Sports telecasts are original works of authorship because

(a) theypossess at least ―some minimal degree of creativity.‖

(b) they are reproductions of earlier works.

(d) the decision of filming sports concerns many elements.

60. Sports telecasts are fixed in tangible form NOT because

(a) telecasts of the games are videotaped at the same time that they are disseminated.

(b) It is of no consequence that live sports telecasts are fixed simultaneous with its transmission.

(d) Section 101 of the Copyright Act expressly provides so.

61. Which of the following is NOT correct according to the paragraphs?

(a) The Copyright Act of 1976 is the governing federal copyright law in the US.

(b) One of the three conditions for copyright protection is fixation.

(d) Sports telecasts, if transmitted on a live basis, are not copyrighted works.

62. The most suitable title for these paragraphs is

(a) Cases Involving Sports Telecasts Protection

(b) Copyrightability of Sports Telecasts

(d) Sports Telecasts are Not Copyrightable

IV.Michael Brown‘s 2014 death in Ferguson, Missouri thrust police-officer involved homicides into the popular consciousness. A series of subsequent officer-involved homicides has kept the issue politically and legally salient. Despite this, official data sources are thin and unreliable. As in other large cities, shooting victims are overwhelmingly minorities, with Black persons constituting over 80% of victims. Contrary to intuition, many of the officer shooters are minorities as well. The analysis here suggests that neither racist malevolence nor unconscious bias afford complete explanations for why officer-involved shootings occur. Both of these explanatory frameworks focus too intensivel y upon individual officers‘ decision-making at the expense of institutional and situational dynamics. Scholars and policy makers should focus far more intensively on regulating bad practices, rather than just on disciplining bad officers following egregious incidents. Shifting focus in this way will help identify connections between everyday policing tactics in minority neighborhoods –such as plainclothes policing and aggressive stop and frisk –and officer involved shootings. The article also concludes that evidentiary challenges mar post hoc review of officer-involved shootings, whether it is in the form of judicial or civilian review. This also underscores the importance of preventive regulation.

There is no quantitative benchmark that allows one to neatly and objectively problematize (or rationalize) the high numbers of Black and Hispanic officer-involved shooting victims. Claiming disproportionality requires significant normative judgments. The racial profile of officer involved shooting victims in the IPRA Reports is dramatically disproportionate to that of Chicago residents. Comparable if not quite so dramatic racial disproportionality holds for other municipalities and the United States as a whole. But the IPRA Reports suggest that the majority of shooting victims were armed when shot. This should lead one to ask whether the city‘s overall demographic profile is the proper benchmark for measuring whether shootings are inordinately visited upon Black and Hispanic men. Related is the question of what reference point should be used to assess how many shootings are too many? These two questions will be familiar to anyone who studies antidiscrimination law –

establishing the fact of racial disparity requires an appropriate comparison group. For example, a plaintiff suing a medical employer for racial discrimination in hiring of doctors could not point to the employers‘ having hired fewer minorities than their share of the general population.

63. The underlined word ―salient‖ is closest in meaning with ___ i n the sentence.

(a) noticeable

(b) significant

(d) jumping out

64. What could be the intuition referred to by the author?

(a) Many of the victims are Black.

(b) Many of the officer shooters are minorities.

(d) Many of the victims are minorities.

65. According to the first paragraph, the author thinks that

(a) bad officers following egregious incidents are not the cause of officer-involved homicides.

(b) racist malevolence and unconscious bias have nothing to do with officer-involved homicides.

(d) scholars and policy makers should not focus just on disciplining bad officers following egregious incidents.

66. In the last sentence, the author gives an example of medical employment to illustrate that

(a) the city‘s overall demographic profile is the proper benchmark for measuring.

(b) establishing the fact of racial disparity requires an appropriate comparison group.

(c) There is no quantitative benchmark that allows one to problematize (or rationalize) the high numbers of Black and Hispanic officer-involved shooting victims.

(d) Comparable dramatic racial disproportionality holds for other municipalities and the United States as a whole.

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