2022年考博英语-华东政法大学考前拔高综合测试题（含答案带详解）第89期

2022年考博英语-华东政法大学考前拔高综合测试题（含答案带详解）1. 单选题Operation which left patients _ and in need of long period of recovery time now leave them feeling relaxed and comfortable.问题1选项A.exhaustedB.abandonedC.injuredD.deserted【答案】A【解析】考查形容词辨析。A选项exhausted“筋疲力尽的；疲惫不堪的；耗尽的；枯竭的”；B选项abandoned“被抛弃的；（房屋，车辆）被废弃的；无约束的；恣意放荡的”；C选项injured“受伤的；受损害的”；D选项deserted“荒芜的；被遗弃的；无人居住的”。句意：手术使病人_，需要很长的时间恢复，现在却使他们感到轻松舒适。本句表达“手术让病人精疲力竭”，因此A选项正确。2. 单选题He was regretful over his impractical goal which just turned out to be a _.问题1选项A.mirageB.miracleC.migrateD.mirador【答案】A【解析】考查名词辨析。A选项mirage“海市蜃楼；幻想，妄想”；B选项miracle“奇迹，奇迹般的人或物；惊人的事例”；C选项migrate“迁移；移民”；D选项mirador“凸窗（可眺望优美景色）；塔楼”。句意：他对自己不切实际的目标感到遗憾，因为那只是_。本句表达“不切实际的目标是海市蜃楼”，因此A选项正确。3. 单选题No one is so _ as the person who has no wish to learn.问题1选项A.sensibleB.ignorantC.uselessD.simple【答案】B【解析】考查形容词辨析。A选项sensible“明智的；通情达理的；合乎情理的；意识到的；能感觉到的”；B选项ignorant“无知的；愚昧的”；C选项useless“无用的；无效的”；D选项simple“简单的；单纯的；天真的”。句意：没有人比不愿学习的人更_。本句表达“比不愿意学习的人更无知”，因此B选项正确。4. 单选题For the purposes of limiting the unauthorized distribution of intellectual property, the DMCAs 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 sources account with the ISP or a termination of the rest of the worlds access to the users assigned Internet destination, if the infringing material resides there. For an OSP, an injunction may be framed as an order requiring termination of the OSP users account or removal or blocked access to the material on the OSPs 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 universitys 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 Control83. According to the 1st paragraph, which of the following is NOT a remedy regarding ISPs liability?84. The sentence which is closest in meaning with the underlined sentence of the 2nd paragraph is _.85. The Harvard student story in the 2nd paragraph is used to illustrate _.86. The underlined word “revelation” in the 3rd paragraph means _.问题1选项A.damagesB.injunctive reliefC.an order requiring a termination of the offending sources accountD.an order requiring a termination of the access to the users assigned Internet destination问题2选项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.问题3选项A.the relationship between a university and its studentsB.the liability of a network userC.actions taken by ISPs in response to publishers requestsD.the university policy towards infringement问题4选项A.repetitionB.revolutionC.surpriseD.disclosure【答案】第1题:A第2题:B第3题:C第4题:D【解析】83. 【试题答案】A【试题解析】事实细节题。根据题干定位到原文第一段Another section of the Act provides for a process by which a court, under certain conditions, can grant injunctive relief.（该法的另一节规定了法院在某些条件下可以批准禁令救济的程序）可知B选项“禁令救济”符合是针对ISP的赔偿责任的救济；第一段For an OSP, an injunction may be framed as an order requiring termination of the OSP users account or removal or blocked access to the material on the OSPs servers.（对于一个OSP，禁令可能是一个命令，要求终止OSP用户的账户或删除或阻止访问OSP服务器上的材料）可知C选项“要求终止违规来源账户的命令”和D选项“要求终止对用户指定的因特网目的地的访问的一种命令”符合是针对ISP的赔偿责任的救济；A选项“损害赔偿”第一段未涉及。因此A选项符合题意。84. 【试题答案】B【试题解析】推理判断题。根据题干定位到原文第二段划线句子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.（也许正是这种禁令救济的前景导致了出版商要求ISP监控和监督其网络上的活动）可知选B选项“禁令救济的前景可能会促使出版商要求ISP监控和监督发生在他们的网络上的活动”；A选项“禁令救济的前景可能会促使互联网服务提供商监控和监督发生在他们的网络上的活动”，C选项“禁令救济的前景可能导致出版商要求ISP监控和监督发生在他们的网络上的活动”以及D选项“正是禁令救济的前景导致了出版商要求ISP监控和监督其网络上发生的事情”和原文不符。因此B选项正确。85. 【试题答案】C【试题解析】推理判断题，根据题干定位到原文第二段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.（例如，美国电影协会给哈佛大学发了一封信，抱怨哈佛大学网络上有人托管的侵权材料。反过来，哈佛发现，有问题的材料是由一名本科生在自己的电脑上托管的，并与哈佛宿舍的网络相连。哈佛大学给该学生发了一封信，提醒他这样的托管违反了其网络政策，并威胁称，如果该学生继续托管此类材料，将受到制裁），可知这一个论据是用来支撑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.（也许正是这种禁令救济的前景导致了出版商要求ISP监控和监督其网络上的活动）这一论点，选C选项“ISP响应出版商要求所采取的行动”，出版商们要求ISP监控和监督其网络上的活动，ISP也响应出版商要求所采取的行动；A选项“大学和学生之间的关系”，B选项“网络用户的责任”以及D选项“大学对侵权的政策”不符合原文。因此C选项正确。86. 【试题答案】D【试题解析】词义辨析题。根据题干定位到原文第三段But if a revelation of subscriber identity is sought, success merely pushes the enforcement problem back to dealing with a potentially unreachable source.（但是，如果要求披露用户身份，成功只会将强制问题推回到处理可能无法到达的来源上）可知revelation在本句中表示“揭露，披露”；A选项“重复”；B选项“革命”；C选项“惊喜”；D选项“披露”。可知D选项正确。5. 单选题When you take medicine, be careful not to _ that amount printed on the bottle.问题1选项A.exceedB.substituteC.exertD.surpass【答案】A【解析】考查动词辨析。A选项exceed“超过；胜过（超过什么数量或者超过法律、命令等的限制）”；B选项substitute“替代”；C选项exert“运用，发挥；施以影响”；D选项surpass“超越（比某人或某事物做得更好）；胜过，优于；非所能办到或理解”。句意：当你服药时，注意不要_瓶子上印着的量。本句表达“超过印的数量”，因此A选项正确。6. 单选题He _ at his watch before he left the office.问题1选项A.glancedB.glimpsedC.glaredD.scribbled【答案】A【解析】考查动词辨析。A选项glanced“瞥闪，瞥见，扫视，匆匆一看（强调主动的加以注意瞥了一眼）；浏览；斜击某物后斜弹开来；反光；轻擦（球）；（板球）斜击”；B选项glimpsed“瞥见（强调被动的，比如某个东西在眼前闪了一下，不是主动去看）”；C选项glared“怒目而视，瞪眼看；发出刺眼的光”；D选项scribbled“乱画；潦草地书写；写作（非正式）；粗疏（羊毛）”。句意：他离开办公室前_手表。本句表达“主动地瞥了一眼手表”。因此A选项正确。7. 单选题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.问题1选项A.an enduringB.an ambiguousC.a coherentD.a discrete【答案】B【解析】考查形容词辨析。A选项enduring“持久的；能忍受的”；B选项ambiguous“模糊不清的，模棱两可的；不明确的，不明朗的；引起歧义的”；C选项coherent“连贯的，一致的；明了的；清晰的；凝聚性的；互相耦合的；粘在一起的；共格的”；D选项discrete“离散的，不连续的”。句意：在她的爱中，海是一个_象征：对叙述者来说，它清楚地代表了自然界中所有破坏性的东西，但在其他时候，它似乎代表了自然界中所有宁静美丽的东西。本句表达“海是一个不明确的象征”，因此B选项正确。8. 单选题Without facts, we cannot form a worthwhile opinion for we need to have factual knowledge _ our thinking.问题1选项A.which to be based onB.which to base uponC.upon which to baseD.to which to be based【答案】C【解析】考查动词不定式短语作定语。分析句子结构可知we cant form a worthwhile opinion是主句，for we need to have factual knowledge _ our thinking是原因状语从句，在这个从句中_ our thinking是knowledge的定语，展开后半截应该是to base our thinking upon factual knowledge，是主句中的we主动的发出base这个动作，所以不能使用被动语态，排除A，D选项；动词不定式短语作定语时要加上which完善结构（但是并非从句）且和base这个动作搭配的介词upon需要放在which之前，排除B选项。句意：没有事实，我们就不能形成有价值的观点，因为我们需要事实知识来作为我们思考的基础。因此C选项正确。9. 单选题His expenditure on holidays and luxuries is rather high in _ to his income.问题1选项A.comparisonB.proportionC.associationD.calculation【答案】B【解析】考查名词辨析。A选项comparison“比较；对照；比喻；比较关系”；B选项proportion“比例，占比；部分；面积；均衡”；C选项association“协会，联盟，社团；联合；联想”；D选项calculation“计算；估计；计算的结果；深思熟虑”。句意：他在假日和奢侈品上的支出与他的收入_相当高。本句表达“在奢侈品上的支出和收入的比例”，因此B选项正确。10. 单选题VI. Litigation ProcedureMethods of serving process in civil cases have both evolved and eroded. In medieval England, arrest of the defendant was common at the outset of civil actions at law. Although arrest certainly provided notice, its primary purpose was to accomplish the courts assertion of physical power over the defendant. Eventually, arrest at the commencement of a civil action was deferred. Arrest was then replaced with subjection to the courts power by personal delivery of process, which served as the foundation for one modern service method where a United States Marshal personally hands the summons to a defendant.The idea that only a governmental officer, such as a United States Marshal or deputy, could be the server was eventually abandoned in favor of allowing the server to be any person that is at least eighteen years old and not a party to the lawsuit. Even the requirement that a defendant personally receive the summons was diluted by the addition of an alternative method allowing a summons and complaint to be left at the defendants “dwelling or usual place of abode with someone of suitable age and discretion who resides there.”From the recipients perspective, the summoning courts assertion of power has gradually worn away. As one expert in the field aptly described: “The awesome impact of the sheriff arriving in armor and on horseback to deliver a writ in medieval England and the authority of the sovereign sealed in the hot, red wax of earlier times has been replaced by a bland manila envelope carrying a postage stamp that may celebrate notions of love or poetry.”Although most modern service methods are welcome improvements to those of earlier years (i.e., not needing to arrest all defendants in every civil action), this Article argues the service method authorized by Rule 7004 (b) (1) of the Federal Rules of Bankruptcy Procedure violates a defendants due process rights under the Fifth Amendment. Rule 7004 (b) (1) allows a summons and complaint to be served by “first class mail postage prepaid.to the individuals dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.” There is no acknowledgement of receipt, no certified mailing, and no waiver document that must be signed and returned. Other than the defendants response, if any, there is no way to know whether the defendant received the summons and complaint.71. The defendant in a civil case in the United States had been notified about the case in the following way BUT _.72. The last sentence in the 3rd paragraph means that _.73. According to Rule 7004 (b) (1), a defendant in a bankruptcy case is served by _.74. The problem of the Rule 7004 (b) (1) for serving a summons is the following, except _.问题1选项A.personal delivery of the summons by US MarshalB.personal delivery of the summons by anyone above 18 not a party to the lawsuitC.summons and complaint be left at the defendants dwellingD.arrested问题2选项A.summoning process is the courts assertion of powerB.delivery of a summons is no longer as serious as beforeC.there should be a special form of summoningD.a summons may be sent with a bland manila envelope together with a love letter问题3选项A.registered mailB.personal deliveryC.first class mailD.first class mail postage to be paid问题4选项A.The defendant is not notifiedB.There is no acknowledgement of receiptC.No waiver document that must be signed and returnedD.No way to know whether the defendant received the summons and complaint【答案】第1题:D第2题:B第3题:D第4题:A【解析】71. 【试题答案】D【试题解析】事实细节题。根据题干定位到原文第一段In medieval England, arrest of the defendant was common at the outset of civil actions at law. Although arrest certainly provided notice, its primary purpose was to accomplish the courts assertion of physical power over the defendant.（在中世纪的英国，逮捕被告在民事诉讼开始时是很常见的。虽然逮捕确实提供了通知，但其主要目的是实现法院对被告人的实际权力的主张）可知逮捕是在中世纪的英国而不是美国，D选项“逮捕”符合题意；第二段The idea that only a governmental officer, such as a United States Marshal or deputy, could be the server was eventually abandoned in favor of allowing the server to be any person that is at least eighteen years old and not a party to the lawsuit.（认为只有政府官员，比如美国法警或副警长才能成为传送者的想法最终被放弃，转而允许传送者是任何年满18岁的人，且不是诉讼的一方）可知A选项“美国法警亲自交付传票”和B选项“18岁以上的非诉讼方的个人送达传票”符合美国民事案件中传送法院传票的方法，排除；第二段 Even the requirement that a defendant personally receive the summons was diluted by the addition of an alternative method allowing a summons and complaint to be left at the defendants “dwelling or usual place of abode with someone of suitable age and discretion who resides there.”（甚至要求被告亲自收到传票的要求也因增加了另一种方法而被淡化了，这种方法允许将传票和申诉留在被告的“由具有适当年龄和自由裁量权的人居住在那里的住所或通常居住的地方”）可知C选项“传票和申诉留在被告住所”符合美国民事案件中传送法院传票的方法，排除。因此D选项符合题意。72. 【试题答案】B【试题解析】推理判断题。根据题干定位到原文第三段最后一句“The awesome impact of the sheriff arriving in armor and on horseback to deliver a writ in medieval England and the authority of the sovereign sealed in the hot, red wax of earlier times has been replaced by a bland manila envelope carrying a postage stamp that may celebrate notions of love or poetry.”（“在中世纪的英格兰，警长身穿盔甲骑马前来递交令状，君主的权威在炎热的天气里被封印，这种可怕的影响，早期的红蜡已经被一个平淡的马尼拉信封所取代，信封上贴着邮票，可以庆祝爱情或诗歌的概念。”）结合第三段第一句From the recipients perspective, the summoning courts assertion of power has gradually worn away.（从接受者的角度看，传唤法院的权力主张已逐渐消磨殆尽）可知现在的法院传票已经不像以前一样有仪式感和严肃感，选B选项“传票的送达不再像以前那样严肃”，D选项“传票可以和一封情书连同一个乏味的牛皮纸信封一起寄出”明显不符合原文，排除；A选项“传唤程序是法院对权力的主张”和C选项“应该有一种特殊的召唤形式”第三段未涉及，第三段只是在描述法院传票不再像以前那样严肃，没有提出其他建议。因此B选项符合题意。73. 【试题答案】D【试题解析】事实细节题。根据题干关键字“Rule 7004 (b) (1)”定位到原文第三段Rule 7004 (b) (1) allows a summons and complaint to be served by “first class mail postage prepaid.”（规则7004（b）（1）允许传票和申诉通过“预付一等邮资的邮件”）可知选D选项“第一类邮件的邮资预付”；A选项“挂号邮件”，B选项“个人支付”和C选项“第一类邮件”不符合原文。因此D选项正确。74. 【试题答案】A【试题解析】事实细节题。根据题干关键字“Rule 7004 (b) (1)”定位到原文第三段There is no acknowledgement of receipt, no certified mailing, and no waiver document that must be signed and returned. Other than the defendants response, if any, there is no way to know whether the defendant received the summons and complaint.（没有回执，没有挂号信，无需签署并返还的弃权文件。除了被告的答复（如果有的话），没有办法知道被告是否收到传票和申诉）可知A选项“被告未被通知”并不是关于送达传票的第7004 (b)(1)条规则的问题；B选项“没有回执”，C选项“没有必须签署和返还的放弃文件”以及D选项“无法得知被告是否收到传票和投诉”和原文相符。因此A选项符合题意。11. 单选题. SociologyThis paper investigates a unique feature of post 9/11 developments in law: the tacit circumvention of constitutional balancing, an otherwise core feature in jurisprudence, as well as in legislation, policy making and law enforcement. Balancing refers to the process of weighting how intrusive certain means are in comparison to the ends provided of course, that the ends are legitimate. The concept of proportionality is corollary here: in order to assess the relationship between the means employed and the aims sought to be realized, one needs to asses three criteria: effectiveness, necessity, and the degree harm inflicted. However, in current political debates, when anti-terrorist law enforcement measures are involved, the long held golden rule for policy making has been replaced by another, substantially empty rhetoric: the inherently false dichotomy of the “liberty vs. security”-binary. The paper will have the anti-terrorist law enforcement measures in focus, but the rhetoric is sweeping: it has been extended to, copied in, and merged with crime control measures and immigration control as well.The uniqueness of this New World is, thus, twofold: First, new standards have been set up (required and accepted) for government activism in the sphere of curtailing freedom as an exchange for security. People (the political class, the electorate) appear to be willing to reformulate the traditional balance between liberty and security: a little bit more documents and ID-checks, longer lines and more flexible search-warrants seem an acceptable tax levied in return for more stringent demands for government-provided security. For example, once being convinced that we actually need to be searched and surveilled for aviation safety, for a faster process, we are willing to giving up some of our privacy and enter a full body scanner. It seems to be the case that there is a broad consensus on the fact that traditional policing principles or, for that matter, the law of the Geneva Conventions have become unsuited for handling the peculiar warfare put on by suicide bombers and terrorist organizations. Just about everywhere in the world, the war against terrorism has had the effect of widening the control functions of the national security and immigration services, as well as of other law enforcement authorities. The expanded measures and procedures thus introduced were often ones that legislators and law enforcement officials otherwise only had dreamed of attaining, but this time around, they could take advantage of changes in the public sentiment due to societys shock over the tragic events and fear spreading in their wake.1.The constitutional balancing is a core feature in the flowing BUT _.2.What is the golden rule for policy making according to the author?3.People appear to be willing to accept the following in return for more security, EXCEPT _.4.What is NOT a cause for introduction of measures that legislators and law enforcement officials otherwise only had dreamed of attaining, according to the author?问题1选项A.law enforcementB.policy makingC.jurisdictionD.legislation问题2选项A.Assess the relationship between the means employed and the aims sought to be realized.B.Effectiveness, necessity, and the degree harm inflicted.C.Liberty vs. security.D.Constitutional balancing.问题3选项A.more documents and ID-checksB.longer linesC.more flexible search-warrantsD.acceptable tax问题4选项A.Changes in the public sentiment due to societys shock.B.People are willing to giving up some of their privacy.C.The tragic events and fear spreading.D.A broad consensus on the fact that traditional policing principles