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华东政法大学2011年博士研究生入学考试英语试卷试卷

华东政法大学

2011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 contract will be binding when both sides have affixed their ______ to it.

A. seal

B. sail

C. veil

D. sole

2.Although they have guns and grenades, they are not soldiers but a gang of _____.

A. bandits

B. kidnappers

C. robbers

D. burglars

3.Surrounded with numerous stars, the moon seems all the more _____.

A. obvious

B. visible

C. conspicuous

D. apparent

4.John‘s score on the test is the highest in the class; he _____last night.

A. must study

B. should have studied

C. must have studied

D. is sure to study

5.The invention of the telephone was a great ____ to communication.

A. distribution

B. contribution

C. attribution

D. fruition

6.What a difference between the two houses which stand _____ to each other.

A. adjacent

B. adhering

C. extending

D. detaching

7.Even the most indulgent parents will not let their children ____ telling lies.

A. get away with

B. get along with

C. get in

D. get out

8.Tom could do some brilliant _______ of our English teacher.

A. impressions

B. personifications

C. impersonations

D. persons

9.The moment the buxom woman sat down, the old chair first _____ and then

collapsed.

A. groaned

B. gasped

C. guffawed

D. shuddered

10.But the Swiss discovered long years ago that constant warfare brought them

______suffering and poverty.

A. anything but

B. nothing but

C. none other than

D. no more than

11.To their great dismay, they found that their wage increases had been _____ by the

soaring prices as a result of inflation.

A. leveled

B. reduced

C. offset

D. cancelled

12.I _____ with thanks the help of my colleagues in the preparation of this new

column.

A. express

B. confess

C. verify

D. acknowledge

13.There aren‘t enough computers for the whole grade of students to ________.

A. go around

B. go under

C. go down

D. go for

14.Your performance is generally assumed to _______ the knowledge you have

acquired and will retain.

A. adhere to

B. submit

C. correspond to

D. conform to

15.I didn‘t say anything like that at all. You are purposely _____ my idea to prove

your point.

A. extorting

B. contradicting

C. distorting

D. distracting

16.His suggestions are based on a/an _______ that the prison system is out of date and

worthless.

A. domination

B. consumption

C. consideration

D. assumption

17.The teacher was a _______ woman who did her best.

A. respecting

B. respectable

C. respective

D. respectful

18.In that country, students will be _____ admittance to their classroom if they are not

properly dressed.

A. declined

B. deprived

C. denied

D. deserted

19.Following the scandal, he was_______ from his post as deputy finance minister.

A. refused

B. replied

C. relieved

D. removed

20.I was quite ________ by all the flowers and letters of support I received.

A. overwhelmed

B. surrounded

C. soaked

D. buried

21.On ______, 18% of our daily calories come from sugar.

A. general

B. the whole

C. common

D. average

22.She was staring out over the lake, lost in _______.

A. consciousness

B. contemplation

C. contradiction

D. content

23.I can _______ a lot more work when I'm on my own.

A. get through

B. get over

C. get on

D. get in

24.The ________ outcome of the contest varies from moment to moment.

A. apt

B. prone

C. likely

D. liable

25.The police were instructed to ______ the demonstration against the government.

A. break out

B. break into

C. break off

D. break up

26.In the ____ of ancient Troy, the Greeks got into the city by hiding in a wooden

horse..

A. legend

B. myth

C. history

D. fiction

27.Even as a child he showed an inclination to ____ over the other children.

A. rule

B. govern

C. inspect

D. dominate

28.Many of the earliest ______ into the United States established large plantations.

A. emigrants

B. emigrations

C. immigrants

D. migrants

29.Undergraduate students have no ____ to the rare books in the library.

A. entrance

B. access

C. way

D. path

30.The advertisement says this material doesn‘t ____ in the wash, but it has.

A. dissolve

B. slim

C. contract

D. shrink

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.

Of all the components of a good night‘s sleep, dreams seem to be least within our control. In dreams, a window opens into a world where logic is suspended and dead people speak. A century ago, Freud formulated his revolutionary theory that dreams were the disguised shadows of our unconscious desires and fears; by the late 1970s, neurologists had switched to thinking of them as just ―mental noise‖–the random byproducts of the neural-repair work that goes on during sleep. Now researchers suspect that dreams are part of the mind‘s emotional thermostat, regulating moods while the brain is ―off-line‖. And one leading authority says that these intensely powerful mental events can be not only harnessed but actually brought under conscious control, to help us sleep and feel better. ―It‘s your dream,‖says Rosalind Cartwright, chair of psychology at Chicago‘s Medical Center. ―If you don‘t like it, change it.‖Evidence from brain imaging supports this view. The brain is as active during REM (rapid eye movement) sleep - when most vivid dreams occur - as it is when fully awake, says Dr. Eric Nofzinger at the University of Pittsburgh. But not all parts of the brain are equally involved; the limbic system (the ―emotional brain‖) is especially active, while the prefrontal cortex (the center of intellect and reasoning) is relatively quiet. ―We wake up from dreams happy or depressed, and those feelings can stay with us all day,‖ says Stanford sleep researcher Dr. William Dement.

The link between dreams and emotions show up among the patients in Cartwright‘s clinic. Most people seem to have more bad dreams early in the night, progressing toward happier ones before awakening, suggesting that they are working through negative feelings generated during the day. Because our conscious mind is occupied with daily life we don‘t always think about the emotional significance of the day‘s events –until, it appears, we begin to dream.

And this process need not be left to the unconscious. Cartwright believes one can exercise conscious control over recurring bad dreams. As soon as you awaken, identify what is upsetting about the dream. Visualize how you would like it to end instead; the next time it occurs, try to wake up just enough to control its course. With much practice people can learn to, literally, do it in their sleep.

At the end of the day, there‘s probably little reason to pay attention to our dreams at all unless they keep us from sleeping or ―we wake up in a panic,‖Cartwright says. Terrorism, economic uncertainties and general feelings of insecurity have increased people‘s anxiety. Those suffering from persistent nightmares should seek help from a therapist. For the rest of us, the brain has its ways of working through bad feelings. Sleep - or rather dream - on it and you‘ll feel in the morning.

31. Researchers have come to believe that dreams _____.

A. can be modified in their courses

B. are susceptible to emotional changes

C. reflect our innermost desires and fears

D. are a random outcome of neural repairs

32. By referring to the limbic system, the author intends to show _____.

A. its function in our dreams

B. the mechanism of REM sleep

C. the relation of dreams to emotions

D. its difference from the prefrontal cortex

33. The negative feelings generated during the day tend to _____.

A. aggravate in our unconscious mind

B. develop into happy dreams

C. persist till time we fall asleep

D. show up in dreams early at night

34. Cartwright seems to suggest that _____.

A. waking up in time is essential to the ridding of bad dreams

B. visualizing bad dreams helps bring them under control

C. dreams should be left to their natural progression

D. dreaming may not entirely belong to the unconscious

35. What advice might Cartwright give to those who sometimes have bad dreams?

A. Lead your life as usual

B. Seek professional help

C. Exercise conscious

D. Avoid anxiety in the daytime

Passage Two

Questions 36 to 40 are based on the following passage.

Now custom has not been commonly regarded as a subject of any great importance. The inner workings of our own brains we feel to be uniquely worthy of investigation, but custom, we have a way of thinking, is behavior at its most commonplace. As a matter of fact, it is the other way around. Traditional custom, taken the world over, is a mass of detailed behavior more astonishing than what any one person can ever evolve in individual actions. Y et that is a rather trivial aspect of the matter. The fact of first-rate importance is the predominant role that custom plays in experience and in belief and the very great varieties it may manifest.

No man ever looks at the world with pristine (未受外界影响的) eyes. He sees it edited by a definite set of customs and institutions and the ways of thinking. Even in his philosophical probings he cannot go behind these stereotypes(固定的模式); his very concepts of the true and the false will still have reference to his particular traditional customs. John Dewey has said in all seriousness that the part played by custom in shaping the behavior of the individual as over against any way in which he can affect traditional custom, is as the proportion of the total vocabulary of his mother tongue over against those worlds of his own baby talk that are taken up into the language of his family. When one seriously studies social orders that have had the

opportunity to develop independently, the figure (比喻) becomes no more than an exact and matter-of-fact observation. The life history of the individual is first and foremost an adjustment to the patterns and standards traditionally handed down in his community. From the moment of his birth the customs into which he is born shape his experience and behavior. By the time he can talk, he is the little creature of his culture, and by the time he is grown and able to take part in its activities, its habits are his habits, its beliefs his beliefs, its impossibilities his impossibilities.

36. The author thinks the reason why custom has been ignored in the academic world

is that _________.

A. custom reveals only the superficial nature of human behavior

B. the study of social orders can replace the study of custom

C. people are still not aware of the important role that custom plays in

forming our world outlook

D. custom has little to do with our ways of thinking

37. Which of the following is true according to John Dewey?

A. An individual can exercise very little influence on the cultural tradition into

which he is born.

B. Custom is the direct result of the philosophical probings of a group of people.

C. An individual is strongly influence by the cultural tradition even before he is born.

D. Custom represents the collective wisdom which benefits the individual.

38. The world ―custom‖ in this passage most probably means ________.

A. the concept of the true and the false of a society

B. the independently developed social orders

C. the adjustment of the individual to the new social environment

D. the patterns and standards of behavior of a community

39. According to the passage, a person‘s life, from his birth to his death,_________.

A. is constantly shaping the cultural traditions of his people

B. is predominated by traditional custom

C. is continually influenced by the habits of other communities

D. is chiefly influenced by the habits of other communities

40. The author‘s purpose in writing this passage is _________.

A. to urge individuals to follow traditional customs

B. to stress the strong influence of customs on an individual

C. to examine the interaction of man and social customs

D. to show man‘s adjustment to traditional customs

Passage Three

Questions 41 to 45 are based on the following passage

Americans today don‘t place a very high value on intellect. Our heroes are athlete, entertainers, and entrepreneurs, not scholars. Even our schools are where we send our children to get a practical education - not to pursue knowledge for the sake of knowledge. Symptoms of pervasive anti-intellectualism in our schools aren‘t difficult to find.

―Schools have always been in a society where practical is more important than intellectual,‖says education writer Diane Ravitch. ―School could be a counterbalance.‖ Ravitch‘s latest book, Left Back: A Century of failed School Reforms, traces the roots of anti-intellectualism in our schools, concluding they are anything but a counterbalance to the American distaste for intellectual pursuits.

But they could and should be. Encouraging kids to reject the life of the mind leaves them vulnerable to exploitation and control. Without the ability to think critically, to defend their ideas and understand the ideas of others, they cannot fully participate in our democracy. Continuing along this path, says writer Earl Shorris, ―We will become a second-rate country. We will have a less civil society. ‖

―Intellect is resented as a form of power or privilege,‖writes historian and professor Richard Hofstadter in Anti-Intellectualism in American Life, a Pulitzer Prize winning book on the roots of anti-intellectualism in US politics, religion, and education. From the beginning of our history, says Hofstadter, our democratic and populist urge has driven us to reject anything that smells of elitism. Practicality, common sense, and native intelligence have been considered more noble qualities than anything you could learn from a book.

Ralph Waldo Emerson and other Transcendentalist philosophers thought schooling and rigorous book learning put unnatural restraints on children: ―We are shut up in schools and college recitation rooms for 10 or 15 years and come out at last with a bellyful of words and do not know a thing.‖Mark Twain‘s Huckleberry Finn exemplified American anti-intellectualism. Its hero avoids being civilized - going to school and learning to read---so he can preserve his inmate goodness.

Intellect, according to Hofstadter, is different from native intelligence, a quality we reluctantly admire. Intellect is the critical, creative, and contemplative side of the mind. Intelligence seeks to grasp, manipulate, re-order, and adjust, while intellect examines, ponders, wonders, theorizes, criticizes and imagines.

School remains a place where intellect is mistrusted. Hofstadter says our country‘s educational system is in the grips of people who ―joyfully and militantly proclaim their hostility to intellect and their eagerness to identify with children who show the least intellectual promise.‖

41. What do American parents expect their children to acquire in school?

A. The habit of thinking independently.

B. Profound knowledge of the world.

C. Practical abilities for future career.

D. The confidence in intellectual pursuits.

42. We can learn from the text that Americans have a history of _____.

A. undervaluing intellect

B. favoring intellectualism

C. supporting school reform

D. suppressing native intelligence

43. The views of Ravitch and Emerson on schooling are _____.

A. identical

B. similar

C. complementary

D. opposite

44. Emerson, according to the text, is probably _____.

A. a pioneer of education reform

B. an opponent of intellectualism

C. a scholar in favor of intellect

D. an advocate of regular schooling

45. What does the author think of intellect?

A. It is second to intelligence.

B. It evolves from common sense.

C. It is to be pursued

D. It underlies power.

Passage Four

Questions 46 to 50 are based on the following passage.

To understand the marketing concept, it is only necessary to understand the difference between marketing and selling. Not too many years ago, most industries concentrated primarily on the efficient production of goods, and then relied on

―persuasive salesmanship‖to move as much of these goods as possible. Such production and selling focuses on the needs of the seller to produce goods and then convert them into money.

Marketing, on the other hand, focuses on the wants of consumers. It begins with first analyzing the preferences and demands of consumers and then producing goods that will satisfy them. This eye on the consumer approach is known as the marketing concept, which simply means that instead of trying to sell whatever is easiest to produce or buy for resale, the makers and dealers first endeavor to find out what the consumer wants to buy and then go about making it available for purchase.

This concept does not simply that business is benevolent (慈善的) or that consumer satisfaction is given priority over profit in a company. There are always two sides to every business transaction - the firm and the customer - and each must be satisfies before trade occurs. Successful merchants and producers, how ever, recognize that the surest route to profit is through understanding and catering to customers. A striking example of the importance of catering the consumer presented itself in mid 1985, when Coca Cola changed the flavor of its drink. The non-acceptance of the new flavor by a significant portion of the public brought about a prompt restoration of the Classic Coke, which was then marketed alongside the new. King Customer ruled!

46. The marketing concept discussed in the passage is, in essence, ________.

A. the practice of turning goods into money

B. making goods available for purchase

C. the customer-centered approach

D. a form of persuasive salesmanship

47. What was the main concern of industrialists before the marketing concept was widely

accepted?

A. The needs of the market.

B. The efficiency of production.

C. The satisfaction of the user.

D. The preferences of the dealer.

48. According to the passage, ―to move as much of these goods as possible‖(Sentence 2,

Para. 1) means ―__________‖.

A. to sell the largest possible amount of goods

B. to transport goods as efficiently as possible

C. to dispose of these goods in large quantities

D. to redesign these goods for large scale production

49. What does the restoration of the Classic Coke best illustrate?

A. Traditional goods have a stronger appeal to the majority of people.

B. It takes time for a new product to be accepted by the public.

C. Consumers with conservative tastes are often difficult to please.

D. Products must be designed to suit the taste of the consumer.

50. In discussing the marketing concept, the author focuses on __________.

A. its main characteristic

B. its social impact

C. its possible consequence

D. its theoretical basis

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.

How to rebuild trust among social members?

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

Please choose from the items given under each question the best one as your answer. 2 marks for each question with a total of 40 marks.

Note：You should answer questions to 5 sections only，one of which should be the section corresponding to the major you are applying for and the other 4 sections can be selected at your wile. 每名考生最多回答5节下的选择题，其中必须有一节与考生所报专业对应，其余4节

考生可以任选。

I. (Legal History)

The political institutions that were first established in the Qin Dynasty had several important features that lasted for almost two thousand years in China. The first is strong emphasis on the rule

by law (by a large and relatively efficient bureaucracy) but with little constraint on the emperor. Second, political dictatorship based on ideological monopoly. Third, local governments are organized in a system called prefectures and counties. The fourth feature is the personnel system for public offices that relied first on recommendation and then on standard exams.

―All things are determined by the emperor no matter they are small or big‖, so concluded an ancient scholar on Qin‘s political institutions.Legalism school, which is very attractive to dictators, was employed by the Qin State in their quest to unify the country. The cruelty of Qin‘s rule was revealed by not only the detailed classification of its laws but also how it collapsed in less than 20 years after conquering the other states. Although the following dynasties more or less softened their rule, Qin‘s influence remained dominant. It is a consensus that China‘s political insti tutions were so repressive that people had no way to participate in public decision making. Intellectuals had become simply reserves for a bureaucratic government.

The political dictatorship was built on ideological monopoly. The First Emperor was notorio us for ordering ―burning books and burying scholars‖. Shortly after Qin unified China, Wu Emperor in Han Dynasty started to promote the monopoly of Confucianism and ban other schools of thinking. This movement had successfully established the monolithic status of Chinese intellectuals in the following two thousand years. This kind of ideological monopoly was not designed for any public participation in decision making. Instead, it was for elites who devoted themselves to the royal family.

The local government system of counties and prefectures, the basic pattern of which is still visible in modern China, was also established in the Qin Dynasty. This system differs from the feudal system in the sense that all local officials were directly responsible to the emperor. For a big empire like China, how to govern the country efficiently and effectively became a big problem. On the one hand, local governance was critical to sustaining the control over the country.On the other hand, who sat in public offices became crucial to the success or failure of each dynasty or to how public interests are represented.

Feng Deng: ―Endogenous Evolution of Patriarchal Clan System in Ancient China‖

51. The first sentence of the paragraphs means that _______ lasted for almost two thousand years in China.

(a) the political institutions

(b) the important features of the political institutions

(d) the political institutions established in the Qin Dynasty

52. Which statement is NOT true according to the second paragraph?

(a) Qin Dynasty, although having a short life, had strong influences to later dynasties.

(b) That people did not participate in decision making in ancient China is a generally accepted opinion.

(d) The Emperor was not the sole governor of the Qin Dynasty.

53. The reflection of ideological monopoly was

(a) ―burning books and burying scholars‖.

(b) the monopoly of Confucianism and ban of other schools of thinking.

(d) intellectuals devoting themselves to the royal family.

54. The government system of Qin Dynasty differs from the feudal system in the sense that

(a) all Chinese local officials were directly responsible to the emperor.

(b) county and prefecture governments were set up.

(d) local governance was critical to sustaining the control over the country.

II. (Economic Law)

For four hundred years, company law has tried to solve the core problem of corporate governance, the separation of ownership and control. In Europe, corporate governance did not become a research discipline of its own before the end of the last millennium. The analysis of the functioning of management and control under distinct board models was the starting point and still is one of the most important fields of the increasingly comparative and interdisciplinary research agenda. The history of the Verenigde Oostindische Compagnie (V.O.C.) impressively illustrates early problems of company law. Its evolution established the first institutional supervisory structure. The V.O.C. goes back to a merger of the early companies, the Voorcompagnie?n. Much like modern business amalgamations, it was sought to improve the market position against competitors. Many of the V.O.C.‘s features are still characteristic for modern companies.

With its incorporation in 1602, the V.O.C. had an internal structure comparable to what we describe today as a one-tier board model. The board of seventeen directors, elected by the governors of the six chambers, had universal management power and acted nearly free from any interference by minority shareholders. The board developed the business strategy, set the shipping routes, and issued resolutions that were binding for the chambers. In the course of further business expansion in 1648, an executive committee of the board (The Hague Committee) helped to organize the work of the directors. Committees formed for accounting or specific business matters, were also found at the chamber level.

The major governance problem resulted from the lack of a definition of directors‘ duties as an alignment of decision making and the company‘s intere st. The governors – the merchants and owners of the early companies – were unaware that an entity with its own interest had emerged as they continued to manage the V.O.C. in the way they had managed their early companies. In particular, the governors‘ righ t to prior purchase turned out to be unfortunate, leading to an early form of what we today call self-dealing. With the second dash of regulation in 1623, the license was changed and the governors were permitted to buy from the company only in public auctions under the same conditions as anyone else. Further, they were allowed to supply the company only if they had been granted a license to do so. The major change in the internal structure came with the introduction of the committee of nine in 1623, which can be described as an early form of the modern supervisory board.

Klaus J. Hopt, Patrick C. Leyens：―Board Models in Europe --Recent Developments of Internal Corporate Governance Structures in Germany, the United Kingdom, France, and Italy‖

55. In the 17th century, the board of seventeen directors had universal management power to do the following except

(a) developing the business strategy.

(b) deciding which way to take for the shipping.

(d) issuing resolutions that were binding for the chambers.

56. From the first paragraph, one can know that

(a) the starting point of the research was the analysis of the functioning of management and control under distinct board models.

(b) corporate governance was a research discipline of its own in the early 1900‘s.

(d) the history of the Verenigde Oostindische Compagnie (V.O.C.) was very impressive.

57. The word which can best replace the word ―alignment‖ in the underlined sentence is

(a) grouping (b) association

58. Which of the following did NOT happen in 1623?

(a) Governors were permitted to buy from the company only in public auctions under the same conditions.

(b) The committee of nine was introduced with internal structure.

(d) Quite some regulations were made.

III. (International Law)

One might accept that international law and international institutions played an important role in the events leading up to the U.S. invasion of Iraq, but still be of the view that, ultimately, the fact of the invasion—in the face of no persuasive legal justification—discredits the idea that international rules on the use of force constrain state behavior and the idea that the Security Council plays an important role in coordinating collective security. One effort to determine the attitudes of persons worldwide in the aftermath of the invasion indicated that one of the biggest casualties of the war was the credibility of the United Nations, for persons in states that both opposed and supported the war. Indeed, notwithstanding the discussion above, one might still argue that President Bush decided in summer of 2002 to invade Iraq and, while he played a game of discussions at the United Nations and with allies about international law, at the end of the day the United States went ahead and invaded when those discussions did not proceed to the U.S. liking. Certainly the rhetoric of President Bush would support such a claim: in the course of taking the U.S. case to the United Nations, President Bush repeatedly stated that the United States wanted U.N. support but, if such support was not forthcoming, the United States would still take action to enforce Iraq‘s WMD obligations.

There is probably no definitive way to disprove the argument that the Bush administration was set on invading Iraq no matter what happened at the United Nations. One might speculate in response that had there been no plausible legal justification whatsoever available to the Bush administration, then no foreign states would have allied themselves with the United States, U.S. public opinion would not have shifted, and the Bush administration ultimately would have continued to pursue weapons inspections rather than an invasion, or would have engaged in a lesser use of force (akin to the bombings of 1998). The importance of the internal and external factors discussed above provides some support to such speculation, but cannot lead to any definitive conclusions.

At the same time, it appears mistaken to draw sweeping conclusions from the fact of the U.S. invasion of Iraq about the general efficacy of international rules on the use of force or the utility of the Security Council.

Sean D. Murphy: ―Assessing the Legality of Invading Iraq‖

59. Which of the following is the best topic for the above paragraphs?

(a) International Law and the Iraq War

(b) Assessing the Legality of Invading Iraq

(d) The United Nations and the United States

60. According to the author, the biggest victim of the Iraq war is

(a) the United Nations.

(b) persons in states that both opposed and supported the war.

(d) the Bush Administration.

61. Reading these paragraphs, one can see that the author

(a) holds up the Bush Administration in launching the Iraq war.

(b) opposes the Bush Administration in launching the Iraq war

(d) takes a neutral position in analyzing the legality of the Iraq war.

62. The last paragraph means that

(a) to draw sweeping conclusions about the function of international rules on the use of force or the utility of the Security Council from the U.S. appears mistaken.

(b) it is a mistake to draw sweeping conclusions about the function of international rules on the use of force or the utility of the Security Council.

(c) one should not get conclusion regarding the function of international law on use of force from the US invasion of Iraq.

(d) it is wrong to get extensive conclusion regarding the efficiency of international law on use of force and use of the Security Council from the US invasion of Iraq.

IV. (Criminal Law)

The acrimonious debate over capital punishment has continued for centuries. In recent decades, the debate has heated up in the U.S. following the Supreme Court-imposed moratorium on capital punishment. Currently, several states are considering a change in their policies regarding the status of the death penalty. Nebraska‘s legislature, for example, recently passed a two-year moratorium on executions, which was, however, vetoed by the state‘s governor. Ten other states have at least considered a moratorium last year. The group includes Oklahoma whose legislature will soon consider a bill imposing a two-year moratorium on executions and establishing a task force to research the effectiveness of capital punishment. The legislature in Nebraska and Illinois has also called for similar research. In Massachusetts, however, the House of Representatives voted down a bill supported by the governor to reinstate the death penalty.

An important issue in this debate is whether capital punishment deters murders. Psychologists and criminologists who examined the issue initially reported no deterrent effect. Economists joined the debate with the pioneering work of Ehrlich. Ehrlich‘s regression results,

using U.S. aggregate time-series for 1933-1969 and state level cross-sectional data for 1940 and 1950, suggest a significant deterrent effect, which sharply contrasts with earlier findings. The policy importance of the research in this area is borne out by the considerable public attention that Ehrlich‘s work has received. The Soli citor General of the United States, for example, introduced Ehrlich‘s findings to the Supreme Court in support of capital punishment.

Coinciding with the Supreme Court‘s deliberation on the issue, Ehrlich‘s finding inspired an interest in econometric analysis of deterrence, leading to many studies that use his data but different regression specifications -- different regressors or different choice of endogenous vs. exogenous variables. The mixed findings prompted a series of sensitivity analyses on Ehrlich‘s equations, reflecting a further emphasis on specification.

Data issues, on the other hand, have received far less attention. Most of the existing studies use either time-series or cross-section data. The studies that use national time-series data are affected by an aggregation problem. Any deterrence from an execution should affect the crime rate only in the executing state. Aggregation dilutes such distinct effects. Cross sectional studies are less sensitive to this problem, but their static formulation precludes any consideration of the dynamics of crime, law enforcement, and judicial processes. Moreover, cross sectional studies are affected by unobserved heterogeneity which cannot be controlled for in the absence of time variation.

Hashem Dezhbakhsh a nd Paul H. Rubin: ―Does Capital Punishment Have a Deterrent Effect?‖

63. From the first paragraph, one can know that in the US

(a) the executive branch is in opposite opinion with the legislature at the state level regarding death penalty.

(b) several states are considering reinstate the death penalty.

(d) some states‘ legislature has also called for research on cancellation of capital sentence.

64. Which of the following group of people thought that capital punishment had no deterrent effect?

(a) economists and criminologists

(b) psychologists and criminologists

(d) economists and Ehrlich

65. According to the 3rd paragraph, which of the following is NOT true?

(a) Ehrlich‘s finding caused others to analyze the deterrence effect of death penalty.

(b) Many people used Ehrlich‘s data in their analysis but in a different way.

(d) Ehrlich provided an equation in his analysis.

66. In the 4th paragraph, the author thinks that

(a) cross sectional studies are more sensitive to aggregation.

(b) time-series data are not influenced by aggregation.

(d) data issue had not been paid enough attention as it should be.

V. (Constitutional Law and Administrative Law)

I wish to take as my subject Justice Scalia‘s 1988 Taft Lecture, Originalism: The Lesser Evil. The published version of this lecture has had an enormous influence. It is among the most frequently cited law review articles and—together with Justice Scalia‘s introduction to A Matter of Interpretation—helped shape the current debate over the proper method of constitutional interpretation. Indeed, his Taft Lecture can be credited with contributing to one of the most remarkable intellectual comeback stories of legal scholarship.

In the 1980s various leading figures in constitutional law took aim at the contention that the Constitution should be interpreted according to the original intentions of its framers. Originalism, it was widely thought, was thoroughly trounced by three unanswerable objections: First, originalism is impractical because it is impossible to discover and aggregate the various intentions held by numerous framers. Second, originalism is actually contrary to the original intentions of the founding generation who themselves rejected reliance on original intent. Finally, originalism is to be rejected because it is wrong for the living to be bound by the dead hand of the past.

In his Taft Lecture, Justice Scalia was perhaps the first defender of originalism to shift the theory from its previous focus on the intentions of the framers of the Constitution to the original public meaning of the text at the time of its enactment. This shift from original framers intent to original public meaning obviated much of the practical objection to originalism. That language has an accessible public meaning is what enables interpersonal communication. If words did not have an objective meaning beyond the subjective intention of speakers and writers, we would never be able to understand each other. Indeed, the objective theory by which private contracts are normally interpreted assumes the availability of such meaning. And the very same evidence that shows the founding generation rejecting reliance on the intentions of the framers also shows their reliance on the original public meaning of the text.

Shifting from original framers in tent to original public meaning did little to answer the ―dead hand‖ objection, however. Why be bound by the past? For that, Justice Scalia and other originalists had to develop a theory of constitutional legitimacy. Most originalists stressed the theory of popular sovereignty. They contended that the Constitution is an authoritative expression of the will of the People, which judges are duty-bound to follow.

RANDY E. BARNETT: ―Scalia's Infidelity: A Critique of Faint-Hearted Originalism‖

67. Which of the following is NOT a comment of Justice Scalia‘s 1988 Lecture by the author?

(a) It is one of the most frequently cited law review articles.

(b) It contributed to one of the most remarkable intellectual review of legal scholarship.

(d) It had an enormous influence.

68. The following are critical comments of Originalism except

(a) Originalism, it was widely thought, was thoroughly trounced by unanswerable objections.

(b) It is impossible to discover and aggregate the intentions of so many framers.

(d) The founders of the US themselves rejected reliance on original intent.

69. The contribution of Justice Scalia to originalism is that he

(a) obviated much of the practical objection to originalism.

(b) found that language had an accessible public meaning was what enabled interpersonal communication.

(c) found that if words did not have an objective meaning beyond the subjective intention of speakers and writers, we would never be able to understand each other.

(d) shifted the previous focus on the intentions of the framers of the Constitution to the original public meaning of the text at the time of its enactment.

70. From the last paragraph, we know that

(a) original public meaning did answer the ―dead hand‖ objection.

(b) judges have the duty to follow the will of the people.

(d) one should not be bound by the past.

VI. (Jurisprudence)

American Legal Realism was the most important indigenous jurisprudential movement in the United States during the 20th-century, having a profound impact not only on American legal education and scholarship, but also on law reform and lawyering. Unlike its Scandinavian cousin, American Legal Realism was not primarily an extension to law of substantive philosophical doctrines from semantics and epistemology. The Realists were lawyers (plus a few social scientists), not philosophers, and their motivations were, accordingly, different. As lawyers, they were reaching against the dominant ―mechanical jurisprudence‖or ―formalism‖of their day. ―Formalism‖ in the sense pertinent here, held that judges decide cases on the basis of distinctively legal rules and reasons, which justify a unique result in most cases (perhaps every case). The Realists argued, instead, that careful empirical consideration of how courts really decide cases reveals that they decide not primarily because of law, but based (roughly speaking ) on their sense of what would be ―fair‖ on the facts of the case. Legal rules and reasons figure simply as post-hoc rationalizations for decisions reached on the basis of non-legal considerations. Because the Realists never made explicit their philosophical presuppositions about the nature of law or their conception of legal theory, one of the important jurisprudential tasks for Realists today is a philosophical reconstruction and defense of these views, especially against the criticisms of legal philosophers, notably H.L.A. Hart.

But Realism also bore the marks of an intellectual culture which it did share with its Scandinavian cousin. This culture – the dominant one in the Western world from the mid-19th century through at least the middle of the last century – was deeply ―positivistic,‖ in the sense that it views natural science as the paradigm of all genuine knowledge, and thought all other disciplines (from social science to legal study) should emulate the methods of natural science. Chief among the latter was the method of empirical testing: hypotheses had to be tested against observations of the world. Thus the Realists frequently claimed that existing articulations of the ―law‖were not, in fact, ―confirmed‖by actual observation of what the court were really doing. Also influential on some Realists was behaviorism in psychology – John Watson‘s version, not the later, and better-known, brand associated with B.F. Skinner – which was itself in the grips of a ―positivistic‖ conception of knowledge and method.

Brian Leiter: American Legal Realism

71. American Legal Realism had a profound impact on the flowing but

(a) American legal education.

(b) American legal scholarship.

(d) American lawyers.

72. From the 1st paragraph we can know that Scandinavian Realists

(a) were philosophers.

(b) were primarily an extension to law of substantive philosophical doctrines.

(d) held that judges decide cases on the basis of distinctively legal rules and reasons.

73. The American Realists argued that

(a) courts decide cases not primarily because of law, but based on their sense of ―fairness‖.

(b) legal rules and reasons figure simply as prior-hoc rationalizations for decisions reached on the basis of non-legal considerations.

(d) careful empirical consideration reveals that courts decide cases primarily because of law.

74. What is the intellectual culture that American Realism shares with its Scandinavian cousin?

(a) Existing articulations of the ―law‖ were not ―confirmed‖ by actual observation of what the court were really doing.

(b) method of empirical testing

(d) All disciplines should also emulate the methods of natural science.

VII. (Civil and Commercial Law)

When legislators, policy analysts, and opinion leaders discuss family change they usually focus on two issues: out-of-wedlock births and fatherless families. In many cases they discuss these two issues as if they were identical. Yet more than half of all fatherless families are created by divorce, separation, death, or imprisonment, and nearly half of all out-of-wedlock births are now to cohabiting fathers and mothers. These facts suggest that we need to be more precise about which changes worry us. Americans worry about family change for at least three kinds of reasons, which we will label economic, developmental, and moral.

From an economic perspective, the most troubling feature of family change has been the spread of families headed by a single mother who is not living with another adult who helps support her and her children. Single mothers seldom command high wages. They also find it unusually difficult to work long hours, since they must also care for their children. Many get very little child support from the absent father, and even generous child support payments provide less money than a resident father with the same income would normally provide. While single mothers are eligible for various forms of public assistance, neither legislators nor voters have wanted to make such assistance at all generous, lest generosity encourage still more women to raise children on their own. The spread of single-mother families has therefore played a major role in the persistence of poverty in the United States. In 1964, when Lyndon Johnson declared a war on poverty, only 30 percent of poor families with children were headed by single mothers. Since the late 1970s the figure has been about 60 percent.

Not all children from disrupted families live with what the English call a lone mother, but other living arrangements are less likely to leave children in poverty. Mothers who divorce and remarry tend to be about as well off economically as mothers who remain married to their

children‘s biological father. Unmarried mothers who cohabit with a boyfriend also tend to have significantly higher household incomes than those who live on their own, although it is not clear how much of the typical boyfriend‘s income is available to support the mother‘s children. And when unmarried mothers live with their parents or other relatives, they too face fewer economic problems than when they live alone. If we are mainly concerned with reducing child poverty, all these alternatives reduce its incidence.

David T. Ellwood and Christopher Jencks: The Spread of

Single-Parent Families in the United States since 1960

75. Which of the following statement is NOT true according to the 1st paragraph?

(a) Out-of-wedlock birth is not the only cause for single-parent families.

(b) Nearly half of all out-of-wedlock borne babies are now living with their parents.

(d) Out-of-wedlock births and fatherless families are two separate issues.

76. From the 2nd paragraph, we know that the economic problem of single-parent family is

(a) poverty

(b) the low-income mother.

(d) lack of support from the child‘s father.

77. Which of the following situation is not mentioned in comparing with a lone mother?

(a) mothers who divorce and remarry

(b) mothers who remain married to their children‘s biological father

(d) unmarried mothers live with their parents

78. The underlined sentence in the 2nd paragraph does NOT mean that

(a) more kids of poor families are living in single-parent families now.

(b) more than half of the poor families with children are single-parent families.

(d) the divorce rate has doubled since 1964.

VIII. (Forensic Appraisal)

Traditional forensic evidence has long played a role in criminal justice. But currently poised on the horizon is a new generation of forensic sciences capable of investigating and inculpating suspects on an order of power far greater than that afforded by traditional forensic techniques. This array of exciting new methods -- such as DNA typing, data mining, biometric technologies, and forensic MRI imaging, represent a marked advance over the rudimentary techniques of old, and will surely stake a central and indispensable role in the future administration of criminal justice.

Yet the experience of traditional forensic sciences in the criminal justice system caution against rushing too quickly to embrace these new techniques. In recent years, the legitimacy of evidentiary stalwarts like handwriting, voice exemplars, hair and fiber, bite and tool marks, and even fingerprints has been seriously called into question. Exoneration studies have demonstrated the shocking degree to which the criminal justice system has historically failed to prevent spurious sciences and faulty or fraudulent evidence from serving to convict innocent defendants. For example, one study found that defective scientif ic evidence contributed to over one-half of

wrongfully obtained convictions.

Of course, the unreliability of traditional techniques, and the failure of the criminal justice system to keep out such invalid evidence, has in large part been exposed through the use of the new, more reliable forensic techniques such as DNA typing. Accordingly, the conventional wisdom tends to assert that the qualities that make new methods so desirable and reliable will likewise render these techniques less susceptible, if not wholly immune, from the problems that plagued traditional sciences. Many critics of traditional sciences have even embraced new methodologies as offering a ―new scientific paradigm‖ for forensic evidence, one in which ―untested assumptions and semi-informed guesswork is replaced by a sound scientific foundation and justifiable protocols.‖

But it stands to reason that a system that failed to stem the abuse of obviously faulty forms of forensic evidence might also be wholly ill-equipped to safeguard the use of more robust, complicated forms of such evidence, both in terms of assuring its integrity and of fostering healthy scientific development. In fact, as this Article argues, the very characteristics that make this new generation of forensic evidence so promising serve only to enhance the need for concern about the use of such evidence in the criminal justice system.

Erin Murphy: THE NEW FORENSICS: CRIMINAL JUSTICE, FALSE CERTAINTY,

AND THE SECOND GENERATION OF SCIENTIFIC EVIDENCE

79. Which of the following is NOT a new generation forensic technology?

(a) DNA typing

(b) mining

(d) biometric technologies

80. The last sentence of the second paragraph shows that the author thinks that

(a) the legitimacy of the old evidentiary stalwarts has been seriously called into question.

(b) the criminal justice system has historically failed to prevent spurious sciences and faulty or fraudulent evidence from serving to convict innocent defendants.

(c) experience of traditional forensic sciences in the criminal justice system caution against rushing too quickly to embrace these new techniques.

(d) the old technologies do not work any more.

81. The best topic for the 3rd paragraph is

(a) The New Techniques is Welcome by More, Even the Critics of the Old Techniques

(b) The Unreliability of Traditional Techniques is Exposed through the Use of the New Techniques

(d) The New Methodologies Offer a ―New Scientific P aradigm‖ for Forensic Evidence

82. The last paragraph shows that the author‘s attitude towards the reliability of new techniques is

(a) contradict

(b) trustworthy

(d) suspicious

IX. (Litigation Procedure)

For the purposes of limiting the unauthorized distribution of intellectual property, the DMCA‘s statutory immunity for ISPs is carefully structured to block only actions for damages. Another section of the Act provides for a process by which a court, under certain conditions, can grant injunctive relief. In the case of a source ISP, there may be an order requiring a termination of the offending source‘s account with the ISP or a termination of the rest of the world‘s access to the user‘s assigned Internet destination, if the infrin ging material resides there. For an OSP, an injunction may be framed as an order requiring termination of the OSP user‘s account or removal or blocked access to the material on the OSP‘s servers.

It may be this prospect of injunctive relief that has led to a practice by publishers of asking ISPs to monitor and police activity taking place on their networks. For example, the Motion Picture Association of America sent a letter to Harvard University complaining of allegedly infringing material hosted by someone on the Harvard network.Harvard, in turn, discovered that the material in question was hosted by an undergraduate on his own computer attached to the Harvard dormitory network. Harvard sent a letter to the student alerting him that such hosting was in violation of its network policies, and threatening sanctions should the student continue to host such material.Notices by publishers to ISPs seeking action by the ISPs against individual users have become routine, with firms springing up to accept the outsourced task of identifying points of infringement within a network and generating complaint letters to the relevant ISPs. Some publishers have even attempted to get source ISPs—universities, in particular—to change network architecture to prevent the use of peer-to-peer networking completely. While most have declined to do so, at least one university, in the same week it sent a letter to a publisher refusing to take action, announced a network bandwidth conservation policy that clamped most out-going Internet traffic from student dormitories, effectively dampening the university‘s contribution to worldwide file sharing/piracy.

For enforcement purposes, it may be easier to find and engage an ISP regarding its legal responsibilities than a single subscriber of that ISP. But if a revelation of subscriber identity is sought, success merely pushes the enforcement problem back to dealing with a potentially unreachable source. Moreover, when the ISP in question is located overseas cooperation of any sort is fraught with as many barriers as those for faraway individual sources of illicit material.

Jonathan Zittrain：Internet Points of Control

83. According to the 1st paragraph, which of the following is NOT a remedy regarding ISP‘s liability?

(a) damages

(b) injunctive relief

(d) an order requiring a termination of the access to the user‘s assigned Internet destination

84. The sentence which is closest in meaning with the underlined sentence of the 2nd paragraph is

(a) The prospect of injunctive relief may have led the ISPs to monitor and police activity taking place on their networks.

(b) The prospect of injunctive relief may have led the publishers to ask ISPs to monitor and police activity taking place on their networks.

(c) The prospect of injunctive relief may have led the publishers of asking ISPs to monitor and police activity taking place on their networks.

(d) It is the prospect of injunctive relief that has led to a practice by publishers of asking ISPs to monitor and police what happens on their networks.

85. The Harvard student story in the 2nd paragraph is used to illustrate

(a) the relationship between a university and its students.

(b) the liability of a network user.

(d) the university policy towards infringement.

86. The underlined word ―revelation‖ in the 3rd paragraph means

(a) repetition

(b) revolution

(d) disclosure

X. (Intellectual Properties)

We now address the degree to which the Supreme Court's decision in Quality King invalidates this circuit's construction of §109(a). This panel may overrule BMG Music, Drug Emporium, and Denbicare if Quality King ―undercut[s] the theory or reaso ning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable.‖

It is clear that Quality King did not directly overrule BMG Music, Drug Emporium, and Denbicare. Quality King involved ―round trip‖ importation: a produc t with a U.S.-copyrighted label was manufactured inside the United States, exported to an authorized foreign distributor, sold to unidentified third parties overseas, shipped back into the United States without the copyright owner's permission, and then sold in California by unauthorized retailers. The Court held that §109(a) can provide a defense to an action under §602(a) in this context. However, because the facts involved only domestically manufactured copies, the Court did not address the effect of § 109(a) on claims involving unauthorized importation of copies made abroad. (Ginsburg, J., concurring) (―We do not today resolve cases in which the allegedly infringing imports were manufactured abroad.‖). Moreover, the Court never discussed the scope of §109(a) or defined what ―lawfully made under this title‖ means.

We next consider whether the reasoning of Quality King is clearly irreconcilable with our general rule that § 109(a) is limited to copies ―legally made ... in the United States.‖ The basis for that rule was our concern that applying §109(a) to foreign-made copies would violate the presumption against the extraterritorial application of U.S. law. Quality King dismissed a similar concern that the triggering of §109(a) by foreign sales would require an invalid extraterritorial application of the Copyright Act, explaining that merely recognizing the occurrence of such sales ―does not require the extraterritorial application of the Act any more than § 602(a)' s ?acquired abroad‘ language does.‖Costco contends that this explanation is irreconcilable with our interpretation of § 109(a) in BMG Music.

We reject Costco's contention and hold that the Supreme Court's brief discussion on extraterritoriality is not ―clearly irreconcilable‖ with our general limitation of § 109(a) to copies that are lawfully made in the United States.The common understanding of the presumption against extraterritoriality is that a U.S. statute ―applies only to conduct occurring within, or having effect within, the territory of the United States, unless the contrary is clearly indicated by the statute.‖

级高一入学考试英语试题

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初中入学考试英语试卷及答案

二、. 10 ( ) 1, A. river B. eat C. worry D. go ( ) 2, A . pear B. apple C. flower D. banana ( ) 3, A. bread B. milk C. table D. egg ( ) 4, A. one B. first C. two D. four ( ) 5, A. tell B. say C. take D. father 1.— How do we go to the park ? — It’s easy .We can go to the park _____ bus. A in B by C on 2. — _____ is this in English ? — It’s a red car. A what color B what C what’s 3. — Sit down,please. — ______ . A Yes B Thanks C Good 4. — What did you do yesterday ? — I _____ swimming. A go B goes C went 5.Jenny’s brother is twenty ____ old. A. year B. yeares C. years 6.--- ____ gifts do you have? --- I have eleven gifts. A. How many B. how much C. how far 7.--- Excuse me! Do you have ____ runners? --- Yes, I’ll show you. A. some B. any C. many 8.--- Is this a ___ day? --- No! It’s snowy!

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