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GMAT OG2017阅读新题汇总解析
2016年GMAC发布GMAT OG2017版,作为市面上唯一GMAT考试官方权威发布的备考资料,2017版官方指南系列包含往年考试真题,首次中文解读帮助你更准确理解GMAT考试。
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GMAT OG2017新增阅读Questions 415-418解析
Much research has been devoted to investigating what motivates consumers to try new products. Previous consumer research suggests that both the price of a new product and the way it is advertised affect consumers’ perceptions of the product’s performance risk (the possibility that the product will not function as consumers expect and/or will not provide the desired benefits). Some of this research has concluded that a relatively high price will reduce a consumer’s perception of the performance risk associated with purchasing a particular product, while other studies have reported that price has little or no effect on perceived performance risk. These conflicting findings may simply be due to the nature of product advertisements: a recent study indicates that the presentation of an advertised message has a marked effect on the relationship between price and perceived performance risk.
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Researchers have identified consumers’ perception of the credibility of the source of an advertised message – i.e., the manufacturer—as another factor affecting perceived performance risk: one study found that the greater the source credibility, the lower the consumer’s perception of the risk of purchasing an advertised new product. However, past research suggests that the relationship between source credibility and perceived performance risk may be more complex: source credibility may interact with price in a subtle way to affect consumers’ judgments of the performance risk associated with an advertised product.
415. According to the passage, the studies referred to in the highlight part reported which of the following about the effect of price on consumers’ perception of the performance risk associated with a new product?
Although most consumers regard price as an important factor, their perception of the performance risk associated with a new product is ultimately determined by the manufacturer’s reputation.
Price interacts with the presentation of an advertised message to affect perceived performance risk.
Price does not significantly affect consumers’ perception of the performance risk associated with a new product.
Consumers tend to regard price as more important than the manufacturer’s credibility when they are buying from that manufacturer for the first time. Consumers are generally less concerned about a new product’s performance risk
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when that product is relatively expensive.
416. The “past research” mentioned in line 25 suggests which of the following about perceived performance risk?
The more expensive a new product is, the more likely consumers may be to credit advertised claims about that product.
The more familiar consumers are with a particular manufacturer, the more willing they may be to assume some risk in the purchase of a new product being advertised by that manufacturer.
Consumers’ perception of the performance risk associated with a new product being advertised may be influenced by an interplay between the product’s price and the manufacturer’s credibility.
Consumers may be more likely to believe that a product will function as it is advertised to do when they have bought products from a particular manufacturer before.
The price of a particular advertised product may have less impact than the manufacturer’s credibility on consumers’ assessment of the performance risk associated with that product.
417. The passage is primarily concerned with
challenging the implications of previous research into why consumers try new products
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suggesting new marketing strategies for attracting consumers to new products reconciling two different views about the effect of price on consumers’ willingness to try new products
describing a new approach to researching why consumers try new products discussing certain findings regarding why consumers try new products
418. Which of the following, if true, would most tend to weaken the conclusions drawn from “some of this research”?
In a subsequent study, consumers who were asked to evaluate new products with relatively low prices had the same perception of the products’ performance risk as did consumers who were shown the same products priced more expensively. In a subsequent study, the quality of the advertising for the products that consumers perceived as having a lower performance risk was relatively high, while the quality of the advertising for the products that consumers perceived as having a higher performance risk was relatively poor.
In a subsequent study, the products that consumers perceived as having a lower performance risk were priced higher than the highest priced products in the previous research.
None of the consumers involved in this research had ever before bought products from the manufacturers involved in the research.
Researchers found that the higher the source credibility for a product, the more consumers were willing to pay for it.
http://www.haixiangjiaoyu.com 答案:CCEA 解析过程:
Much research has been devoted toinvestigating what motivates consumersto try new products.
Topic: 消费者尝试新商品的动机是什么
Previous consumer researchsuggests that boththe price of a new product and the way it is advertised affect consumers’ perceptionsof the product’s performance risk (the possibility that theproduct will not function as consumers expect and/or will not provide thedesired benefits). 新概念:performance risk 一个产品让消费者失望的可能性
全文论点,影响pr的因素有2个:产品价格和广告宣传方式(下文对具体影响方式进行探讨)
Some of this research has concluded that a relatively high price will reduce a consumer’sperception of the performance risk associated with purchasing a particularproduct, while other studies have reported that price has littleor no effect on perceived performance risk.
关于产品价格和pr感知能力的2种矛盾发现:有的认为价格高,感知到的pr小;有的认为没有相关性。(都只单独考虑了价格的影响)
These conflictingfindings may simply be due to thenature of product advertisements: a recent study indicates that thepresentation of an advertised message has a marked effect on the relationshipbetween price and perceived performance risk.
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解释矛盾:因为广告方式
Researchers have identified consumers’perception of the credibility of the source of an advertised message – i.e.,the manufacturer—as another factor affecting perceived performance risk: one studyfound that the greater the source credibility, the lower the consumer’sperception of the risk of purchasing an advertised new product.
广告的影响:生产商信誉度越高,对pr的感知越低(单纯指考虑广告的影响) However, past researchsuggeststhat the relationship between source credibility and perceived performance riskmay be more complex: sourcecredibility may interact with price in a subtle way to affect consumers’judgments of the performance risk associated with an advertised product.
总结研究结果:价格和广告可能是共同影响消费者对pr的感知能力的。
文章结构总结:引入话题:探寻消费者购买新产品的动机;介绍当前为止的研究结果:消费者在购买新商品是会对商品有一个performance risk的认知,产品价格和广告方式共同影响了消费者对pr的感知能力。
GMAT OG2017新增阅读Questions 419-423
Historians remain divided over the role of banks in facilitating economic growth in the United States in the late eighteenth and early nineteenth centuries. Some scholars contend that banks played a minor role in the nation’s growing economy. Financial institutions, they argue, appeared only after the economy had begun to develop, and once organized, followed conservative lending practices, providing
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aid to established commercial enterprises but shunning those, such as manufacturing and transportation projects, that were more uncertain and capital-intensive (i.e., requiring greater expenditures in the form of capital than in labor).
A growing number of historians argue, in contrast, that banks were crucial in transforming the early national economy. When state legislatures began granting more banks charters in the 1790s and early 1800s, the supply of credit rose accordingly. Unlike the earliest banks, which had primarily provided short-term loans to well-connected merchants, the banks of the early nineteenth century issued credit widely. As Paul Gilje asserts, the expansion and democratization of credit in the early nineteenth century became the driving force of the American economy, as banks began furnishing large amounts of capital to transportation and industrial enterprises. The exception, such historians argue, was in the South; here, the overwhelmingly agrarian nature of the economy generated outright opposition to banks, which were seen as monopolistic institutions controlled by an elite group of planters.
419. The primary purpose of the passage is to
compare the economic role played by southern banks with the economic role played by banks in the rest of the United States during the late eighteenth and early nineteenth centuries.
Reevaluate a conventional interpretation of the role played by banks in the American economy during the late eighteenth and early nineteenth centuries
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Present different interpretations of the role played by banks in the American economy during the late eighteenth and early nineteenth centuries
Analyze how the increasing number of banks in the late eighteenth and early nineteenth centuries affected the American economy
Examine how scholarly opinion regarding the role played by banks in the American economy during the late eighteenth and early nineteenth centuries has changed over time
420. The passage suggests that the scholars mentioned in the highlight part would argue that the reason banks tended not to fund manufacturing and transportation projects in the late eighteenth and early nineteenth centuries was that
these projects, being well established and well capitalized, did not need substantial long-term financing from banks
these projects entailed a level of risk that was too great for banks’ conservative lending practices
banks preferred to invest in other, more speculative projects that offered the potential for higher returns
bank managers believed that these projects would be unlikely to contribute significantly to economic growth in the new country
bank managers believed funding these projects would result in credit being extended to too many borrowers
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421. The passage suggests that Paul Gilje would be most likely to agree with which of the following claims about the lending practices of the “earliest banks”? These lending practices were unlikely to generate substantial profits for banks. These lending practices only benefited a narrow sector of the economy.
The restrictive nature of these lending practices generated significant opposition outside of the South.
The restrictive nature of these lending practices forced state legislature to begin granting more bank charters by the early nineteenth century.
These lending practices were likely to be criticized by economic elites as being overly restrictive.
422. The passage suggests that the opposition to banks in the South in the early nineteenth century stemmed in part from the perception that banks did not benefit more than a small minority of the people did not support the interests of elite planters
were too closely tied to transportation and industrial interests
were unwilling to issue the long-term loans required by agrarian interests were too willing to lend credit widely
423. Which of the following statements best describes te function of the last sentence of the passage?
It provides evidence tending to undermine the viewpoint of the scholars
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mentioned in the highlight part.
It resolves a conflict over the role of banks summarized in the first paragraph. It clarifies some of the reasons state legislatures began granting more bank charters.
It qualifies a claim made earlier in the passage about the impact of banks on the American economy in the early nineteenth century.
It supports a claim made earlier in the passage about how the expansion of credit affected the economy. 答案:CBBAD 解析过程:
Historiansremain divided over the role of banks in facilitating economicgrowth in the United States in the late eighteenth and early nineteenthcenturies. Topic:银行在推动18世纪晚期和19世纪早期美国经济发展中发挥的作用 关于这个话题,历史学家们存在意见分歧
Some scholars contend that banks played a minor role in the nation’s growing economy. Financialinstitutions, they argue, appeared only after the economy had begun to develop,and once organized, followed conservative lending practices, providingaid to established commercial enterprises but shunning those, such asmanufacturing and transportation projects, that were more uncertain
andcapital-intensive (i.e., requiring greater expenditures in the form of capitalthan in labor).
反方的观点:银行没发挥多大作用。
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Agrowing number of historians argue, in contrast,that banks were crucial in transformingthe early national economy. When state legislatures began granting more bankscharters in the 1790s and early 1800s, the supply of credit rose accordingly. Unlikethe earliest banks,which had primarily provided short-term loans to well-connected merchants, thebanks of the early nineteenth century issued credit widely. As Paul Giljeasserts, the expansion and democratization of credit in the early nineteenthcentury became the driving force of the American economy, as banks beganfurnishing large amounts of capital to transportation and industrialenterprises. The exception, such historians argue, was in the
South;here,the overwhelmingly agrarian nature of the economy generated outright oppositionto banks, which were seen as monopolistic institutions controlled by an elitegroup of planters.
正方观点:银行发挥了关键作用(虽然南方是例外)。
文章总体对比了意见对立的两批历史学家对银行在18世纪晚期和19世纪早期美国经济发展过程中作用的不同看法。是一篇典型的观点对比类文章。
GMAT OG2017新增阅读Q427-430
In an effort to explain why business acquisitions often fail, scholars have begun to focus on the role of top executives of acquired companies. Acquired companies that retain their top executives tend to have more successful outcomes than those that do not. Furthermore, existing research suggests that retaining the highest-level top executives, such as the CEO(chief executive officer) and COO
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(chief operating officer), is related more positively to postacquisition success than retaining lower-ranked top executives. However, this explanation, while insightful, suffers from two limitations. First, the focus on positional rank does not recognize the variation in length of service that may exist in top executive posts across companies, nor does it address which particular top executives (with respect to length of service)should be retained to achieve a successful acquisition outcome. Second, the relationship between retained top executives and acquisition outcomes offered by existing research is subject to opposing theoretical explanations related to length of service. The resource-based view (RBV) suggests that keeping acquired company top executives with longer organizational tenure would lead to more successful outcomes, as those executives have idiosyncratic and nontransferable knowledge of the acquired company that would be valuable for the effective implementation of the acquisition. The opposing position, offered by the upper echelons perspective (UEP), suggests that retaining top executives having short organizational tenure would lead to more successful outcomes, as they would have the adaptability to manage most effectively during the uncertainty of the acquisition process.
Responding to these limitations, Bergh conducted a study of executive retention and acquisition outcome that focused on the organizational tenure of retained company top executives in 104 acquisitions, followed over 5 years. Bergh considered the acquisition successful if the acquired company was retained and unsuccessful if it was divested. Bergh’s findings support the RBV position.
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Apparently, the benefits of long organizational tenure lead to more successful outcomes than the benefits of short organizational tenure. While longer tenured top executives may have trouble adapting to change, it appears that their perspectives and knowledge bases offer unique value after the acquisition. Although from the UEP position it seems sensible to retain less tenured executives and allow more tenured ones to leave, such a strategy appears to lower the probability of acquisition success.
427. According to the passage, the research mentioned in the highlight part suggests which of the following abut lower-ranked top executives and postacquisition success?
A. Given that these executives are unlikely to contribute to postacquisition success, little effort should be spent trying to retain them.
B. The shorter their length of service, the less likely it is that these executives will play a significant role in postacquisition success.
C. These executives are less important to postacquisition success than are more highly ranked top executives.
D. If they have long tenures,these executives may prove to be as important to postacquisition success as are more highly ranked top executives. E. Postacquisition success is unlikely if these executives are retained.
428. The resource-based view, as described in the passage, is based on which of the
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following ideas?
A. The managerial skills of top executives become strongest after the first five years of their tenure.
B. Company-specific knowledge is an important factor in the success of an acquisition process.
C. The amount of nontransferable knowledge possessed by long-tenured top executives tends to be underestimated.
D. Effective implementation of anacquisition depends primarily on the ability of executives to adapt to change.
E. Short-tenured executives are likely to impede the implementation of a successful acquisition strategy.
429. The passage suggests that Bergh and a proponent of the upper echelons perspective would be most likely to disagree over which of the following?
A. Whether there is a positive correlation between short organizational tenure and managerial adaptability.
B. Whether there is a positive correlation between long organizational tenure and the acquisition of idiosyncratic and nontransferable knowledge.
C. Whether adaptability is a useful trait for an executive who is managing an acquisition process.
D. Whether retaining less-tenured top executives of an acquired company is an optimal strategy for achieving postacquisition success.
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E. Whether retaining highest-leveltop executives of acquired companies is more important than retaining lower-ranked top executives.
430. According to the passage, prior toBergh’s study, research on the role of top executives of acquired companies in business acquisition success was limited in which of the following ways?
A. It did not address how the organizational tenure of top executives affects postacquisition success.
B. It did not address why some companies have longer-tenured CEOs than others. C. It did not consider strategies for retaining long-tenured top executives of acquired companies.
D. It failed to differentiate between the contribution of highest-level top executives to protsacuisition success and that of lower-ranked top executives.
E. It underestimated the potential contribution that lower-level top executives can make to postacquisition success. 答案:CBDA 解析过程:
In an effort to explain why business acquisitions often fail, scholars have begun to focus on the role of top executives of acquired companies. Topic:top executives(一下简称TE)在收购中发挥的作用
Acquired companies that retain their top executives tend to have more successful outcomes than those that do not.
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研究结果:保留原有TE的公司被收购后更成功
Furthermore, existing research suggests that retaining the highest-level top executives, such as the CEO (chief executive officer) and COO (chief operating officer), is related more positively to postacquisition success than retaining lower-ranked top executives.
更细致的研究结果:同样保留TE,留下来的执行官级别更高的,成功的案例更多。(be relate topositively和……正相关)
However, this explanation, while insightful, suffers from two limitations. 作者态度:以上的研究结果存在局限性。
First, the focus on positional rank does not recognize the variation inlength of service that may exist in top executive posts across companies, nor does it address which particular top executives (with respect tolength of service) should be retained to achieve a successful acquisition outcome.
局限一:研究只关注了执行官的级别,没有意识到收购时他们在公司的任期长短不同,既然任期存在差异,为了取得收购后的成功,是该留下任期长的还是短的TE呢? Second, the relationship between retained top executives and acquisition outcomes offered by existing research is subject to opposing theoretical explanations related to length of service. 局限二:这些研究结果的解释是矛盾的。
(局限二是在为了解决局限一的前提下产生的。只要研究中能够找到留下的TE的任期长短和收购成功与否的关系,就不存在第一个局限了,但是发现这些研究对该关系的说法是不同的,也就进而发现了这第二个局限性)
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以下是两种对立的解释思路:
The resource-based view (RBV) suggests that keeping acquired company top executives with longer organizational tenure would lead to more successful outcomes, as those executives have idiosyncratic and nontransferable knowledge of the acquired company that would be valuable for the effective implementation of the acquisition.
RBV:应该留下那些任期较长的TE,他们对被收购的公司有着独特的无法转让的了解。 The opposing position, offered by the upper echelonsperspective (UEP), suggests that retaining top executives having short organizational tenure would lead to more successful outcomes, as they would have the adaptability to manage most effectively during the uncertainty of the acquisition process. UEP:应该留下那些任期较短的TE,他们适应性更好。
Respondingto these limitations, Bergh conducted a study of executive retention and acquisition outcome that focused on the organizational tenure of retained company top executives in 104 acquisitions, followed over 5 years. Bergh considered the acquisition successful if the acquired company was retained and unsuccessful if it was divested.Bergh’s findings support the RBV position. Apparently, the benefits of long organizational tenure lead to more successful outcomes than the benefits of short organizational tenure. While longer tenured top executives may have trouble adapting to change, it appears that their perspectives and knowledge bases offer uniquevalue after the acquisition. Although from the UEP position it seems sensible to retain less tenured executives
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and allow more tenured ones to leave, such a strategy appears to lower the probability of acquisition success.
B做了一项调查研究,发现,保留任期较长的TE,成功可能性更大。因此就弥补了之前研究的局限。
GMAT OG2017新增阅读Questions 460-462
During the 1980s, many economic historians studying Latin America focused on the impact of the Great Depression of the1930s. Most of these historians argued that although the Depression began earlier in Latin America than in the United States, it was less severe in Latin America and did not significantly impede industrial growth there. The historians’ argument was grounded in national government records concerning tax revenues and exports and in government-sponsored industrial censuses, from which historians have drawn conclusions about total manufacturing output and profit levels across Latin America. However, economic statistics published by Latin American governments in the early twentieth century are neither reliable nor consistent; this is especially true of manufacturing data, which were gathered from factory owners for taxation purposes and which therefore may well be distorted. Moreover, one cannot assume a direct correlation between the output level and the profit level of a given industry as these variables often move in opposite directions. Finally, national and regional economies are composed of individual firms and industries, and relying on general, sweeping economic indicators may mask substantial variations among these different enterprises. For
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example, recent analyses of previously unexamined data on textile manufacturing in Brazil and Mexico suggest that the Great Depression had a more severe impact on this Latin American industry than scholars had recognized.
460. The primary purpose of the passage is to
A. compare the impact of the Great Depression on Latin America with its impact on the United States
B. criticize a school of economic historians for failing to analyze the Great Depression in Latin America within a global context.
C. illustrate the risks inherent in comparing different types of economic enterprises to explain economic phenomena
D. call into question certain scholars’ views concerning the severity of the Great Depression in Latin America
E. demonstrate that the Great Depression had a more severe impact on industry in Latin American than in certain other regions
461. Which of the following conclusions about the Great Depression is best supported by the passage?
A. It did not impede Latin American industrial growth as much as historians had previously thought.
B. It had a more severe impact on the Brazilian and the Mexican textile industries than it had on Latin America as a region.
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C. It affected the Latin American textile industry more severely than it did any other industry in Latin America.
D. The overall impact on Latin American industrial growth should be reevaluated by economic historians.
E. Its impact on Latin America should not be compared with its impact on the United States.
462. Which of the following, it true, would most strengthen the author’s assertion regarding economic indicators in the highlight part?
A. During an economic depression, European textile manufacturers’ profits rise while their industrial output remains steady.
B. During a national economic recession, United States microchips manufacturers’ profits rise sharply while United States steel manufacturers’ profits plunge. C. During the years following asevere economic depression, textile manufacturers’ output levels and profit levels increase in Brazil and Mexico but not in the rest of Latin America.
D. Although Japanese industry as a whole recovers after an economic recession, it does not regain its previously high levels of production.
E. While European industrial output increases in the years following an economic depression, total output remains below that of Japan or the United States. 答案:DDB 解析过程:
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Q460-462
During the 1980s, many economic historians studying Latin America focused on the impact of the Great Depression of the1930s. Topic: 1930s大萧条对拉丁美洲经济的影响
Mostof these historians argued that although the Depression began earlier in Latin America than in the United States, it was less severe in Latin America and did not significantly impede industrial growth there. The historians’argument was grounded in national government records concerning tax revenues and exports and in government-sponsored industrial censuses, from which historians have drawn conclusions about total manufacturing output and profit levels across Latin America.
大部分历史学家的观点:大萧条对拉丁美洲经济的影响不如对美国的大,并没有严重阻碍当地的工业发展。以及他们得到该结论的理由。
However, economic statistics published by Latin Americangovernments in the early twentieth century are neither reliable nor consistent; this is especially true of manufacturing data, which were gathered from factory owners for taxation purposes and which therefore may well be distorted.
作者对历史学家的论据进行批驳,反驳一:数据既不可靠也不不一致。
Moreover, one cannot assume a direct correlation between the output level and the profit level of a given industry as these variables often move in opposite directions. 反驳二:产量和利润之间并无直接关系。
Finally, national and regional economies are composed of individual firms and
http://www.haixiangjiaoyu.com industries, and relying on general, sweeping economic indicators may mask substantial variations among these different enterprises. For example, recent analyses of previously unexamined data on textile manufacturing in Brazil and Mexico suggest that the Great Depression had a more severe impact on this Latin American industry than scholars had recognized.
反驳三:国家经济和地区经济是由一个个小的个体构成的,只看大的经济指标容易模糊不同企业之间的差异。举一个具体的例子来证实。
文章结构总结:介绍了大部分历史学家对于1930s大萧条对拉丁美洲经济影响的研究结果,作者指出了这些历史学家argument中的错误,并举出例子进行了反驳。 是一篇观点对比类的文章。
460. The primary purpose of the passage is to
A选项只在介绍历史学家观点的时候提到了一句,并非文章主旨
B选项文中没有说应该在全球环境中去分析大萧条对拉丁美洲的影响,无中生有。 C选项通过作者对historians的第三点反驳可以看出来,作者是认同通过比较不同行业、企业的差别来解释经济现象的,而不是说这样做有风险。
D选项质疑了某些学者对大萧条在拉丁美洲的严重程度的观点,正是文章的论点。 E选项文章没有提到other regions
461. Which of the following conclusions about the Great Depression is best supported by the passage?问的是文章所给的信息最能够得到以下哪一个结论,相当于一个逻辑题。
A选项作者的意思是大萧条对拉丁美洲经济的阻碍是比历史学家们之前想的要大的,而不是小,和文章信息相反,错。
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B选项文章最后提到Brazil和Mexican的纺织业是以他们为例来证明大萧条对拉丁美洲经济影响之大,不是说大萧条对这两个国家影响得更大,曲解了文章意思。
C选项文章最后说的是大萧条对纺织业的影响比史学家想的要严重,而不是纺织业的影响比其他行业更严重,偷换概念。
D选项历史学家之前认为大萧条对拉丁美洲工业发展的影响不大,但作者指出了他们的种种不足,且举出了反例,证明历史学家之前的观点有问题,影响应该重新进行评估,正确。 E选项无中生有,文章没讲。
462. Which of the following, it true, would most strengthen the author’s assertion regarding economic indicators in the highlight part?
逻辑加强题,先把要加强的结论找出来:relying on general, sweeping economic indicators may mask substantialvariations among these different enterprises 仅仅参照广泛的大概的经济指标,很容易模糊不同企业之间的差异。也就是必须要具体分析不同的行业的不同情况。
A选项经济萧条时,欧洲纺织生产商产量保持不变的时候,利润会上升。这说明的是产量和利润间的关系,和该结论无关。
B选项经济衰退时,美国微型芯片生厂商的利润大幅上升,而钢铁生产商的利润暴跌。正确,如果只看大的指标的话,是看不到这两个完全不同的行业的盈利情况其实是大不相同的,举例证实了该论断。
C选项一场严重的经济萧条后的几年,巴西和墨西哥生产商的产量和利润都增加了,拉美其他国家却没有。这个是地区之间的差异,也不是different enterprises的差异,无关。 D选项一场经济衰退后,虽然日本整体经济有所复苏,但还是没有能回到衰退前的水平。比较的是衰退前后整个国民经济的水平,无关。
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E选项虽然欧洲工业产量在经济萧条之后增加了纪念,但总产量还是不如美国和日本,比较的是不同国家之间的总产量,而不是不同行业之间的,无关。
GMAT OG2017新增阅读Questions 529-533
Because the framers of the United States Constitution (written in 1787) believed that protecting property rights relating to inventions would encourage the new nation’s economic growth, they gave Congress—the national legislature—a constitutional mandate to grant patents for inventions. The resulting patent system has served as a model for those in other nations. Recently, however, scholars have questioned whether the American system helped achieve the framers’ goals. These scholars have contended that from 1794 to roughly 1830, American inventors were unable to enforce property rights because judges were “
antipatent
”
and
routinely
invalidated
patents
for
arbitrary
reasons. This argument is based partly on examination of court decisions in cases where patent holders (“patentees”) brought suit alleging infringement of their patent rights. In the 1820s, for instance, 75 percent of verdicts were decided against the patentee. The proportion of verdicts for the patentee began to increase in the 1830s, suggesting to these scholars that judicial attitudes toward patent rights began shifting then.
Not all patent disputes in the early nineteenth century were litigated, however, and litigated cases were not drawn randomly from the population of disputes. Therefore the rate of verdicts in favor of patentees cannot be used by itself to
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gauge changes in judicial attitudes or enforceability of patent rights. If early judicial decisions were prejudiced against patentees, one might expect the subsequent courts—allegedly more supportive of patent rights—would reject the former legal precedents. But pre-1830 cases have been cited as frequently as later decisions, and they continue to be cited today, suggesting that the early decisions, many of which clearly declared that patent rights were a just recompense for inventive ingenuity, provided a lasting foundation for patent law. The proportion of judicial decisions in favor of patentees began to increase during the 1830s because of a change in the underlying population of cases brought to trial. This change was partly due to an 1836 revision to the patent system: an examination procedure, still in use today, was instituted in which each application is scrutinized for its adherence to patent law. Previously, patents were automatically granted upon payment of a $30 fee.
529. The passage implies that which of the following was a reason that the proportion of verdicts in favor of patentees began to increase in the 1830s? A. Patent applications approved after1836 were more likely to adhere closely to patent law.
B. Patent laws enacted during the1830s better defined patent rights. C. Judges became less prejudiced against patentees during the 1830s.
D. After 1836, litigated cases became less representative of the population of patent disputes.
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E. The proportion of patent disputes brought to trial began to increase after 1836.
530. The passage implies that the scholars mentioned in the first highlight part would agree with which of the following criticisms of the American patent system before 1830?
A. Its definition of property rights relating to inventions was too vague to be useful. B. Its criteria for the granting of patents were not clear.
C. It made it excessively difficult for inventors to receive patents. D. It led to excessive numbers of patent-infringement suits. E. It failed to encourage national economic growth.
531. It can be inferred from the passage that the frequency with which pre-1830 cases have been cited in court decisions is an indication that
A. judicial support for patent rights was strongest in the period before 1830. B. judicial support for patent rights did not increase after 1830
C. courts have returned to judicial standards that prevailed before 1830
D. verdicts favoring patentees in patent-infringement suits did not increase after 1830
E. judicial bias against patentees persisted after 1830
532. It can beinferred from the passage that the author and the scholars referred to in the third highlight part disagree about which of the following aspects of the
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patents defended in patent-infringement suits before 1830?
A. Whether the patents were granted for inventions that were genuinely useful B. Whether the patents were actually relevant to the growth of the United States economy
C. Whether the patents were particularly likely to be annulled by judges
D. Whether the patents were routinely invalidated for reasons that were arbitrary E. Whether the patents were vindicated at a significantly lower rate than patents in later suits
533. The authorof the passage cites which of the following as evidence challenging the argument referred to in the second highlight part?
A. The proportion of cases that were decided against patentees in the 1820s B. The total number of patent disputes that were litigated from 1794 to 1830 C. The fact that later courts drew upon the legal precedents set in pre-1830 patent cases
D. The fact that the proportion of judicial decisions in favor of patentees began to increase during the 1830s
E. The constitutional rationale for the 1836 revision of the patent system 答案:AEBDC 解析过程:
Because the framers of the United States Constitution (written in 1787) believed that protecting property rights relating to inventions would encourage the new
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nation’s economic growth, they gave Congress—the national legislature—a constitutional mandate to grant patents for inventions. The resulting patent system has served as a model for those in other nations. 美国专利法的理论基础:保护产权能够推动国家经济发展。
Recently, however, scholars have questioned whether the American system helped achieve the framers’ goals. These scholars have contended that from 1794 to roughly 1830, American inventors were unable to enforce property rights because judges were “antipatent” and routinely invalidated patents for arbitrary reasons. This argument is based partly on examination of court decisions in cases where patent holders (“patentees”)brought suit alleging infringement of their patent rights. In the 1820s, for instance, 75 percent of verdicts were decided against the patentee. The proportion of verdicts for the patentee began to increase in the 1830s, suggesting to these scholars that judicial attitudes toward patent rights began shifting then.
学者对裁决专利侵权案件的法官的看法:1794-1830年间法官们是有偏见的,是不支持patentees维权的;1830s之后,法官们的态度有所改善,因为对patentees有利的裁决比例变高了。
Not all patent disputes in the early nineteenth century were litigated, however, and litigated cases were not drawn randomly from the population of disputes. Therefore the rate ofverdicts in favor of patentees cannot be used by itself to gauge changes in judicial attitudes or enforceability of patent rights.
反驳学者上述观点的论据一:19世纪早期不是所有和专利有关的争端都提出法律诉讼了,
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提出诉讼的也不是随机筛选的样本,因此这个上升的比例并不具有真实的代表性。 If early judicial decisions were prejudiced against patentees, one might expect the subsequent courts—allegedly more supportive ofpatent rights—would reject the former legal precedents. But pre-1830 cases have been cited as frequently as later decisions, and they continue to be cited today, suggesting that the early decisions, many of which clearly declared that patent rights were a just recompense for inventive ingenuity, provided a lasting foundation for patent law.
反驳学者上述观点的论据二:如果真的是法官的态度发生改变的话,1830s之后的专利侵权案件中法官就不会引用之前的判决结果(有偏见的判决结果),但实际上1830s前后的判决被引用的概率是一样的。 The proportion of
judicial
decisions
in
favor
of
patentees began
to
increase during the 1830s because of a change in the underlying population of cases brought to trial. This change was partly due to an 1836 revision to the patent system: an examination procedure, still in use today, was instituted in which each application is scrutinized for its adherence to patent law. Previously, patents were automatically granted upon payment of a $30 fee.
解释支持专利拥有者的判决比例上升的真实原因:1836年专利法进行了修正,增加了一个审查的步骤,预先就淘汰了一批不符合专利法的诉讼申请。之前,只要提起诉讼,专利拥有者就可以拿到30美金的补偿。(所以很多人会为了这30美金提出法律上根本就不成立的诉讼。)本来就符合裁决标准的诉讼多了,诉讼结果对专利所有者有利的案子的比例就自然上升了。
文章结构总结:陈述了一些学者对专利侵权案件裁决态度的看法;作者反驳了学者的看法;
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作者为专利侵权判决变化给出了真实原因;是一篇验证解释类的文章
529. The passage implies that which of the following was a reason that the proportion of verdicts in favor of patentees began to increase in the 1830s? 细节题,问的是1830s开始维护专利所有者的裁决比例变高的原因,定位The proportion ofjudicial decisions in favor of patentees began to increase during the 1830s because of a change in the underlying population of cases brought to trial. This change was partly due to an 1836 revision to the patent system: an examination procedure, still in use today, was instituted in which each application is scrutinized for its adherence to patent law. Previously, patents were automatically granted upon payment of a $30 fee.这段话
A选项正确,1836年增加了专利诉讼的审查步骤,通过审查的诉讼申请是更符合专利法规定的,所以裁决时也更可能维护专利所有者的利益。 B选项无中生有
C选项这是学者的解释,被作者反驳了,而题目问的是文章也就是作者的观点 D选项无中生有
E选项文章说1836年增加了审查机制,也就是能上法庭参与裁决的诉讼比例降低了,把不符合要求的一批诉讼申请预先排除掉了。该选项和文章信息相反。
530. The passage implies that the scholars mentioned in the first highlight part would agree with which of the following criticisms of the American patent system before1830?
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问的是学者们会同意以下哪一个观点,定位:scholars have questioned whether the American system helped achieve theframers’ goals. 学者们质疑专利法对美国经济的推动作用。所以可以直接对应选出E。
531. It can beinferred from the passage that the frequency with which pre-1830 cases have been cited in court decisions is an indication that
问1830年之前的判例被引用的频率能够表明什么,定位原文:But pre-1830 cases have been cited as frequently as later decisions,and they continue to be cited today, suggesting that the early decisions, many of which clearly declared that patent rights were a just recompense for inventive ingenuity, provided a lasting foundation for patent law. 表明1830年之前的判决为专利法提供了稳定可靠的根基,是不存在学者们所谓的“偏见”的。法官的态度并没有改变。 A.选项Support没变化 C选项标准一直是一样的
D选项首先文章说的是rates ofverdicts favoring patentees变高了,而不是这些verdicts的绝对数量变多了;其次从1830年前的判决被引用的频率看不出判决数量的变化。 E选项不存在bias
532. It can be inferred from the passage that the author and the scholars referred to in the third highlight part disagree about which of the following aspects of the patents defended in patent-infringement suits before 1830?
问关于1830年之前的专利侵权诉讼,作者和学者们的分歧在哪里——根据文章的论述可以
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总结出,学者认为法官有偏见,作者认为没有。 A选项文章没有讨论发明是否真的有用
B选项作者没有就专利是否能促进经济增长发表看法
C选项该选项没有对annul进行修饰,作者和学者是对法官驳回这些诉讼是否“无缘无故”有分歧,而不是就“驳回”这个事实有分歧
D选项正确,专利是否会常规性地被无故驳回,学者认为会,作者认为不会。 E选项学者没有提到专利诉讼被引用的几率
533. The authorof the passage cites which of the following as evidence challenging the argument referred to in the second highlight part?
先定位要反驳的观点:These scholars have contended that from 1794 to roughly 1830, American inventors were unable to enforce property rights because judges were “antipatent”and routinely invalidated patents for arbitrary reasons. 专利拥有者维权失败是因为法官有偏见,会无故驳回诉讼。文中反驳该观点的论据有两处,一是说明该阶段的诉讼不具有代表性,不够;一是说明1830年前后诉讼判决被引用的概率相同。选项C正是文章提出的第二个论据。 A选项这个比例是用来支持学者观点的 B选项文章没给出这个number
D选项这个事实也是用来支持学者观点的
E选项文章没有给出1836年修订专利法的理论依据