The federal judicial system consists of ()A、one supreme court,11 courts of appeals and 91 district courtsB、one supreme court,11 courts of appeals,89 district courts,3 courts of special jurisdictionC、one supreme court,11 courts of appeals,91 district court

题目

The federal judicial system consists of ()

  • A、one supreme court,11 courts of appeals and 91 district courts
  • B、one supreme court,11 courts of appeals,89 district courts,3 courts of special jurisdiction
  • C、one supreme court,11 courts of appeals,91 district courts,3 courts of special jurisdiction
  • D、one supreme court,11 courts of appeals,91 district courts,2 courts for the District of Columbia and the Commonwealth of Puerto Rico
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相似问题和答案

第1题:

Appeals in criminal cases in England and Wales may NOT be heard by _________.

A.the Magistrates' Court

B.the Court of Appeal

C.the High Court

D.the Crown Court


正确答案:A

第2题:

Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its "one-click"online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.
Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri School of law. It "has the potential to eliminate an entire class of patents."
Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment films armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.
The Bilski ease involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should "reconsider" its State Street Bank ruling.
The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for "inventions" that are obvious. The judges on the Federal Circuit are "reacting to the anti-patent trend at the Supreme Court," says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
The word "about-face" (Paragraph 3) most probably means

A.loss of good will
B.increase of hostility
C.change of attitude
D.enhancement of dignity

答案:C
解析:
词义题。根据题干定位到第三段。第一句提到:对商业方法专利权的限制(curbs on business-method claims)将会是一个a dramatic about-face,因为正是联邦巡回法院在1998年被称为“州街银行案”的决议中引入了这类专利,由此可见现在的做法与以前的做法是背道而驰的,即联邦巡回法院的态度发生了大的转变,因此选择C项。A项“良好愿望的消失”,B项“敌意的增加”,D项“尊严的提升”都与原文毫无关系。

第3题:

It was in 1954 that the Supreme Court ruled that the practice of segregating blacks into separate schools was unconstitional.()

此题为判断题(对,错)。


正确答案:√

第4题:

Text 3 In 2010,a federal judge shook America's biotech industry to its core.Companies had won patents for isolated DNA for decades—by 2005 some 20%of human genes were patented.But in March 2012 a judge ruled that genes were unpatentable.Executives were violently agitated.The Biotechnology Industry Organization(BIO),a trade group,assured members that this was just a“preliminary step”in a longer battle.On July 29th they were relieved,at least temporarily.A federal appeals court overturned the prior decision,ruling that Myriad Genetics could indeed hold patents to two genes that help forecast a woman's risk of breast cancer.The chief executive of Myriad,a company in Utah,said the ruling was a blessing to firms and patients alike.But as companies continue their attempts at personalized medicine,the courts will remain rather busy.The Myriad case itself is probably not over.Critics make three main arguments against gene patents:a gene is a product of nature,so it may not be patented;gene patents suppress innovation rather than reward it;and patents’monopolies restrict access to genetic tests such as Myriad's.A growing number seem to agree.Last year a federal taskforce urged reform for patents related to genetic tests.In October the Department of Justice filed a brief in the Myriad case,arguing that an isolated DNA molecule“is no less a product of nature…than are cotton fibres that have been separated from cotton seeds.”Despite the appeals court's decision,big questions remain unanswered.For example,it is unclear whether the sequencing of a whole genome violates the patents of individual genes within it.The case may yet reach the Supreme Court.As the industry advances,however,other suits may have an even greater impact.Companies are unlikely to file many more patents for human DNA molecules—most are unlikely patented or in the public domain.Firms are now studying how genes interact,looking for correlations that might be used to determine the causes of disease or predict a drug's efficacy.Companies are eager to win patents for“connecting the dots,”explains Hans Sauer,a lawyers for the BIO.Their success may be determined by a suit related to this issue,brought by the Mayo Clinic,which the Supreme Court will hear in its next term.The BIO recently held a convention which included sessions to coach lawyers on the shifting landscape for patents.Each meeting was packed.
By saying“Each meeting was packed”(Line 4,Para.6),the author means that_____

A.the supreme court was authoritative
B.the BIO was a powerful organization
C.gene patenting was a great concern
D.lawyers were keen to attend conventions

答案:C
解析:
含义题【命题思路】这是一道句意理解题,需要根据句子的上下文找到解题的线索,从而得出答案。【直击答案】文章最后一段提到:BIO最近要召开的一个会议,该会议包括指导律师们处理目前的专利问题。紧接着谈到“Each meeting was packed”,这句话中的“packed”的原义为“打包,包装”,而在此句中的意思是“挤满,塞满”,即会议挤满了人。从而反映了大家对基因专利的关注。再从全文的角度来看,本文都是围绕基因专利的问题展开,故正确答案为C项。【干扰排除】A项属于无中生有,末段第一句提到了高级法院将会在下一轮听证这个案件,并未提及高级法院很有权威。B项属于主观臆断,原文提及该组织将会举行会议指导律师处理专利问题,并没有对该组织进行任何评论。D项以偏概全,训练律师只是这次大会的一部分内容,并没有谈及律师是否热衷于参加会议。

第5题:

Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its "one-click"online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.
Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri School of law. It "has the potential to eliminate an entire class of patents."
Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment films armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.
The Bilski ease involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should "reconsider" its State Street Bank ruling.
The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for "inventions" that are obvious. The judges on the Federal Circuit are "reacting to the anti-patent trend at the Supreme Court," says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
Which of the following is true of the Bilski case?

A.Its ruling complies with the court decisions.
B.It involves a very big business transaction.
C.It has been dismissed by the Federal Circuit.
D.It may change the legal practices in the U.S.

答案:D
解析:
细节题。根据关键词Bilski case并结合出题顺序定位至第二段。第二段最后提到“It has the potential to eliminate an entire class of patents”,D项是对此句的同义改写,may对应“has the potential”,change对应“eliminate”。因此,D项“它可能会改变美国已有的法律惯例”为正确答案。A项“对它的裁决符合法庭决议”.C项“它已经被联邦巡回法庭驳回”反向干扰,文中已暗示比尔斯基寨的判决可能成为商业方法专利案件的转折点,因此它不会被驳回,而且它的判决与以往案例不同。B项“它涉及一项非常大的商业交易”,第二段倒数第三句提到“Bilski case”是“a very big deal”,意思是“非常重要的事”,而非“大的交易”,因此B项错误。

第6题:

____ tries the most serious offences such as murder and robbery.

A.Magistrates’ courts

B.Youth courts

C.district courts

D.The Crown Court


正确答案:D

第7题:

Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its "one-click"online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.
Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri School of law. It "has the potential to eliminate an entire class of patents."
Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment films armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.
The Bilski ease involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should "reconsider" its State Street Bank ruling.
The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for "inventions" that are obvious. The judges on the Federal Circuit are "reacting to the anti-patent trend at the Supreme Court," says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
Business-method patents have recendy aroused concern because of

A.their limited value to businesses
B.their connection with asset allocation
C.the possible restriction on their granting
D.the controversy over their authorization

答案:C
解析:
推断题。题干问为什么商业专利在近来引起了关注,根据出题顺序,本题的答题区间在前两段。第一段主要讲在过去十年间,成千上万的商业方法被授予了专利。第二段第一句指出国家最高专利法庭准备缩减商业专利(scale back on business.method patents)。由此可见,C项“它们的授予可能受到限制”是对原文的同义置换,故为正确答案,restriction on即相当于scale back on。A项“它们对企业的价值有限”,原文并未提到。B项“它们与资产配置相关”,利用第一段中出现的“asset allocation”形成干扰项,属于过度推断。D项“它们的获批引起争议”较有迷惑性,但原文说的是十年来一直争议不断,而题干问的是最近(recently),因此属于偷换概念。

第8题:

We can file an action in the district court and()an injunction against your competitor.

A. move in

B. move out

C. move for


参考答案:C

第9题:

_____ the ruling came from the Supreme Court, a coalition of public sector unions in California was ready with a response.

A、If
B、Once
C、Since
D、Unless

答案:B
解析:
本题考查语义逻辑。一旦最高法院做出裁决,加州的公共部门工会联盟已经准备好做出回应。故本题选B.

第10题:

Text 3 In 2010,a federal judge shook America's biotech industry to its core.Companies had won patents for isolated DNA for decades—by 2005 some 20%of human genes were patented.But in March 2012 a judge ruled that genes were unpatentable.Executives were violently agitated.The Biotechnology Industry Organization(BIO),a trade group,assured members that this was just a“preliminary step”in a longer battle.On July 29th they were relieved,at least temporarily.A federal appeals court overturned the prior decision,ruling that Myriad Genetics could indeed hold patents to two genes that help forecast a woman's risk of breast cancer.The chief executive of Myriad,a company in Utah,said the ruling was a blessing to firms and patients alike.But as companies continue their attempts at personalized medicine,the courts will remain rather busy.The Myriad case itself is probably not over.Critics make three main arguments against gene patents:a gene is a product of nature,so it may not be patented;gene patents suppress innovation rather than reward it;and patents’monopolies restrict access to genetic tests such as Myriad's.A growing number seem to agree.Last year a federal taskforce urged reform for patents related to genetic tests.In October the Department of Justice filed a brief in the Myriad case,arguing that an isolated DNA molecule“is no less a product of nature…than are cotton fibres that have been separated from cotton seeds.”Despite the appeals court's decision,big questions remain unanswered.For example,it is unclear whether the sequencing of a whole genome violates the patents of individual genes within it.The case may yet reach the Supreme Court.As the industry advances,however,other suits may have an even greater impact.Companies are unlikely to file many more patents for human DNA molecules—most are unlikely patented or in the public domain.Firms are now studying how genes interact,looking for correlations that might be used to determine the causes of disease or predict a drug's efficacy.Companies are eager to win patents for“connecting the dots,”explains Hans Sauer,a lawyers for the BIO.Their success may be determined by a suit related to this issue,brought by the Mayo Clinic,which the Supreme Court will hear in its next term.The BIO recently held a convention which included sessions to coach lawyers on the shifting landscape for patents.Each meeting was packed.
Those who are against gene patents believe that_____

A.genetic tests are not reliable
B.only manmade products are patentable
C.patents on genes depend much on innovation
D.courts should restrict access to genetic tests

答案:B
解析:
细节题【命题思路】这是一道局部细节题,需要根据题干关键信息对文章相应内容进行准确定位从而识别反对基因专利的人所持立场。【直击答案】根据题干信息“against gene patents”定位到第三段第三句,题干中反对基因专利的人即为原文信息“Critics”批评者,他们反对基因专利有三条理由。根据第一条理由,自然的产物即基因不能被授予专利,相反,人造的产物就可以被授予专利,故B项为正确选项。【干扰排除】A项属于无中生有,根据第三条理由限制基因测试的原因是专利垄断,而并非是选项说的基因测试不可靠。C项属于偷换概念,根据第二条理由,基因专利抑制了创新,而非取决于创新。D项也属于偷换概念,根据第三条理由,是专利垄断而非法院限制使用基因测试。

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