LSAT考试全真题二SECTION4（2）

6.According to the autohor Shakespeare's poems differ from Byron's in that Shakespeare's poems

　(A) have elicited¹ a wider variety of responses from both literary critics and biographers
　(B) are on the whole less susceptible² to being read as subtle verbal creations
　(C) do not grow out of or are not motivated by actual events or circumstances in the poet's life
　(D) provide the attentive³ reader with a greater degree of illumination concerning his or her own weaknesses and aspirations⁴
　(E) can often be read without the reader's being curious about what biographical factors motivated the poet to write them
　
7.The author indicates which one of the following about biographers speculation⁵ concerning Byron's life?

　(A) Such speculation began in earnest with Escarpit's study
　(B) Such speculation continues today
　(C) Such speculation is less important than consideration of Byron's poetry
　(D) Such speculation has not given us a satisfactory sense of Byron's life
　(E) Such speculation has been carried out despite the objections of literary critics
　
8.The passage supplies specific information that provides a definitive⁶ answer to which one of the following questions?

　(A) What does the author consider to be the primary enjoyment⁷ derived⁸ from reading Byron?
　(B) Who among literary critics has primarily studied Byron's poems?
　(C) Which moments in Byron's life exerted the greatest pressure on his poetry?
　(D) Has Byron ever been considered to be a "great" poet?
　(E) Did Byron exert an influence on Europeans in the latter part of the nineteenth century?
　
　The United States Supreme⁹ Court has not always resolved legal issues of concern to Native Americans in a manner that has pleased the Indian nations. Many of the Court's decisions have been

(5) 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 judicial¹⁰ system in the United States, and judicial decisions must be assessed with this fact in mind.

(10)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 minor¹¹ issues and has not

(15)been wholly detrimental¹² on the larger, more important 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

(20)of Native American values as important points to consider when reviewing a case. However the validity of the assertion can be illustrated¹³ by reference to two important contributions that have resulted from the exercise of judicial power.

(25)　First the Court has created rules of judicial construction that in general favor the rights of Native American litigants¹⁴. The Court's attitude has been conditioned by recognition of the distinct disadvantages Native Americans faced when

(30)dealing with settlers in the past. Treaties were inevitably¹⁵ written in English for the benefit of their authors, whereas tribal¹⁶ leaders were accustomed to making treaties without any written account, on the strength of mutual¹⁷ promises sealed by religious

(35)commitment and individual integrity. The written treaties were often broken and Native Americans were confronted with fraud and Native Americans were confronted with fraud and political and military aggression¹⁸. The Court recognizes that past unfairness to Native Americans cannot be

(40)sanctioned by the force of law. Therefore, ambiguities¹⁹ 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

(45)doctrine treaties reserve to Native Americans all rights that have not been specifically granted away in other treaties.
　
　A second achievement of the judicial system is the protection that has been provided against

(50)encroachment by the states into tribal affairs. Federal judges are not inclined to view favorably efforts to extend states powers and jurisdictions²⁰ because of the direct threat that such expansion poses to the exercise of federal powers. In the

(55)absence of a federal statute²¹ directly and clearly allocating²² a function to the states federal judges are inclined to reserve to reserve for the federal government-and powers and rights they can be said to have
　
(60)possessed historically

9.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 1-4) is that

　(A) Native Americans have been prevented from presenting their concerns persuasively
　(B) The Court has failed to recognize that the Indian nations' concerns are different from those of other groups or from those of the federal government
　(C) The Court has been reluctant to curtail the powers of the federal government
　(D) Native Americans faced distinct disadvantages in dealing with settlers in the past
　(E) The Court has made political compromises in deciding some cases