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1、2022年考博英语-中国政法大学考前模拟强化练习题（附答案详解）1. 单选题In this law, _, “state” means a territory or group of territories having its own law of nationality.问题1选项A.otherwise the context requiresB.unless the context requiresC.the context otherwiseD.unless the context otherwise requires【答案】D【解析】考查连词和固定搭配。在法律英语中，unless t
2、he context otherwise requires“除上下文另有所指”经常使用，Otherwise在这里是作为形容词“另外的”使用；A选项缺少连词，B选项“除非上下文要求”语义矛盾，C选项语义不完整；这句话句意是：在本条法令中，除上下文另有所指，“国家”指拥有自己的国籍法的一个领土或一组领土。根据句子结构和句意，只有D项是通顺且符合语法的。2. 单选题The United States Supreme Court has not always resolved legal issues of concern to Native Americans in a manner that ha
3、s pleased the Indian nations. Many of the Courts decisions have been products of political compromise that looked more to the temper of the times than to enduring principles of law. But accommodation is part of the judicial system in the United States and judicial decisions must be assessed with thi
4、s fact in mind.Despite the “accommodating” nature of the judicial system, it is worth noting that the power of the Supreme Court has been exercised in a manner that has usually been beneficial to Native Americans, at least on minor issues, and has not been wholly detrimental on the larger, more impo
5、rtant issues. Certainly there have been decisions that cast doubt on the validity of this assertion. Some critics point to the patronizing tone of many Court opinions and the apparent rejection of Native American values as important points to consider when reviewing a case. However, the validity of
6、the assertion can be illustrated by reference to two important contributions that have resulted from the exercise of judicial power.First, the Court has created rules of judicial construction that in general, favor the rights of Native American litigants. The Courts attitude has been conditioned by
7、recognition of the distinct disadvantages Native Americans faced when dealing with settlers in the past. Treaties were inevitably written in English for the benefit of their authors, whereas tribal leaders were accustomed to making treaties without any written account, on the strength of mutual prom
8、ises sealed by religious commitment and individual integrity. The written treaties were often broken, and Native Americans were confronted with fraud and political and military aggression. The Court recognizes that past unfairness to Native Americans cannot be sanctioned by the force of law. Therefo
9、re, ambiguities in treaties are to be interpreted in favor of the Native American claimants, treaties are to be interpreted as the Native Americans would have understood them, and, under the reserved rights doctrine, treaties reserve to Native Americans all rights that have not been specifically gra
10、nted away in other treaties.A second achievement of the judicial system is the protection that has been provided against encroachment by the stales into tribal affairs. Federal judges are not inclined to view favorably efforts to extend states powers and jurisdictions because of the direct threat th
11、at such expansion poses to the exercise of federal powers. In the absence of a federal statute directly and clearly allocating a function to the states, federal judges are inclined to reserve for the federal governmentand the tribal governments under its chargeall those powers and rights they can be
12、 said to have possessed historically.61. According to the passage, one reason why the United States Supreme Court “has not always resolved legal issues of concern to Native Americans in a manner that has pleased the Indian nations” (lines 1-2) is that _.62. The authors attitude toward the United Sta
13、tes Supreme Courts resolution of legal issues of concern to Native Americans can best be described as one of _.63. It can be inferred that the author believes that the extension of the states powers and jurisdictions with respect to Native American affairs would be _.64. The authors primary purpose
14、is to _.65. It can be inferred that the author believes the United States Supreme Courts treatment of Native Americans to have been _.问题1选项A.Native Americans have been prevented from presenting their concerns persuasivelyB.the Court has failed to recognize that the Indian nations concerns are differ
15、ent from those of other groups or from those of the federal governmentC.the Court has made political compromises in deciding some casesD.the Court has been reluctant to curtail the powers of the federal government问题2选项A.wholehearted endorsementB.restrained appreciationC.detached objectivityD.cautiou
16、s opposition问题3选项A.possible only with the consent of the Indian nationsB.favorably viewed by the United States Supreme CourtC.in the best interests of both state and federal governmentsD.detrimental to the interests of Native Americans问题4选项A.contrast opposing viewsB.reevaluate traditional beliefsC.rec
