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案例分析题Question 32-40: Overland transport in the United States was still extremely primitive in 1790. Roads were few and short, usually extending from inland communities to the nearest river town or seaport. Nearly all interstate commerce was carried out by sailing ships that served the bays and harbors of the seaboard. Yet, in 1790 the nation was on the threshold of a new era of road development. Unable to finance road construction, states turned for help to private companies, organized by merchants and land speculators who had a personal interest in improved communications with the interior. The pioneer in this move was the state of Pennsylvania, which chartered a company in 1792 to construct a turnpike, a road for the use of which a toll, or payment, is collected, from Philadelphia to Lancaster. The legislature gave the company the authority to erect tollgates at points along the road where payment would be collected, though it carefully regulated the rates. (The states had unquestioned authority to regulate private business in this period.) The company built a gravel road within two years, and the success of the Lancaster Pike encouraged imitation. Northern states generally relied on private companies to build their toll roads, but Virginia constructed a network at public expense. Such was the road building fever that by 1810 New York alone had some 1,500 miles of turnpikes extending from the Atlantic to Lake Erie. Transportation on these early turnpikes consisted of freight carrier wagons and passenger stagecoaches. The most common road freight carrier was the Conestoga wagon, a vehicle developed in the mid-eighteenth century by German immigrants in the area around Lancaster, Pennsylvania. It featured large, broad wheels able to negotiate all but the deepest ruts and holes, and its round bottom prevented the freight from shifting on a hill. Covered with canvas and drawn by four to six horses, the Conestoga wagon rivaled the log cabin as the primary symbol of the frontier. Passengers traveled in a variety of stagecoaches, the most common of which had four benches, each holding three persons. It was only a platform on wheels, with no springs; slender poles held up the top, and leather curtains kept out dust and rain. The word "imitation" in line 14 is closest in meaning to（）
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案例分析题Question 41- 50: In Death Valley, California, one of the hottest, most arid places in North America, there is much salt, and salt can damage rocks impressively. Inhabitants of areas elsewhere, where streets and highways are salted to control ice, are familiar with the resulting rust and deterioration on cars. That attests to the chemically corrosive nature of salt, but it is not the way salt destroys rocks. Salt breaks rocks apart principally by a process called crystal prying and wedging. This happens not by soaking the rocks in salt water, but by moistening their bottoms with salt water. Such conditions exist in many areas along the eastern edge of central Death Valley. There, salty water rises from the groundwater table by capillary action through tiny spaces in sediment until it reaches the surface. Most stones have capillary passages that suck salt water from the wet ground. Death Valley provides an ultra-dry atmosphere and high daily temperatures, which promote evaporation and the formation of salt crystals along the cracks or other openings within stones. These crystals grow as long as salt water is available. Like tree roots breaking up a sidewalk, the growing crystals exert pressure on the rock and eventually pry the rock apart along planes of weakness, such as banding in metamorphic rocks, bedding in sedimentary rocks, or preexisting or incipient fractions, and along boundaries between individual mineral crystals or grains. Besides crystal growth, the expansion of halite crystals(the same as everyday table salt) by heating and of sulfates and similar salts by hydration can contribute additional stresses. A rock durable enough to have withstood natural conditions for a very long time in other areas could probably be shattered into small pieces by salt weathering within a few generations. The dominant salt in Death Valley is halite, or sodium chloride, but other salts, mostly carbonates and sulfates, also cause prying and wedging, as does ordinary ice. Weathering by a variety of salts, though often subtle, is a worldwide phenomenon. Not restricted to arid regions, intense salt weathering occurs mostly in salt-rich places like the seashore, near the large saline lakes in the Dry Valleys of Antarctica, and in desert sections of Australia, New Zealand, and central Asia. The word "it" in line 9 refers to（）
（2004年）案情：位于某市甲区的天南公司与位于乙区的海北公司签订合同，约定海北公司承建天南公司位于丙区的新办公楼，合同中未约定仲裁条款。新办公楼施工过程中，天南公司与海北公司因工程增加工作量、工程进度款等问题发生争议。双方在交涉过程中通过电子邮件约定将争议提交某仲裁委员会进行仲裁。其后天南公司考虑到多种因素，向人民法院提起诉讼，请求判决解除合同。法院在不知道双方曾约定仲裁的情况下受理了本案，海北公司进行了答辩，表示不同意解除合同。在一审法院审理过程中，原告申请法院裁定被告停止施工，法院未予准许。开庭审理过程中，原告提交了双方在履行合同过程中的会谈录音带和会议纪要，主张原合同已经变更。被告质证时表示，对方在会谈时进行录音未征得本方同意，被告事先不知道原告进行了录音，而会议纪要则无被告方人员的签字，故均不予认可。一审法院经过审理，判决驳回原告的诉讼请求。原告不服，认为一审判决错误，提出上诉，并称双方当事人之间存在仲裁协议，法院对本案无诉讼管辖权。二审法院对本案进行了审理。在二审过程中，海北公司见一审法院判决支持了本公司的主张，又向二审法院提出反诉，请求天南公司支付拖欠的工程款。天南公司考虑到二审可能败诉，故提请调解，为了达成协议，表示认可部分工程新增加的工作量。后因调解不成，天南公司又表示对已认可增加的工作量不予认可。二审法院经过审理，判决驳回上诉，维持原判。问题： 天南公司已经认可增加的工作量，法院在判决中能否作为认定事实的根据？
案例分析题Question 41- 50: In Death Valley, California, one of the hottest, most arid places in North America, there is much salt, and salt can damage rocks impressively. Inhabitants of areas elsewhere, where streets and highways are salted to control ice, are familiar with the resulting rust and deterioration on cars. That attests to the chemically corrosive nature of salt, but it is not the way salt destroys rocks. Salt breaks rocks apart principally by a process called crystal prying and wedging. This happens not by soaking the rocks in salt water, but by moistening their bottoms with salt water. Such conditions exist in many areas along the eastern edge of central Death Valley. There, salty water rises from the groundwater table by capillary action through tiny spaces in sediment until it reaches the surface. Most stones have capillary passages that suck salt water from the wet ground. Death Valley provides an ultra-dry atmosphere and high daily temperatures, which promote evaporation and the formation of salt crystals along the cracks or other openings within stones. These crystals grow as long as salt water is available. Like tree roots breaking up a sidewalk, the growing crystals exert pressure on the rock and eventually pry the rock apart along planes of weakness, such as banding in metamorphic rocks, bedding in sedimentary rocks, or preexisting or incipient fractions, and along boundaries between individual mineral crystals or grains. Besides crystal growth, the expansion of halite crystals(the same as everyday table salt) by heating and of sulfates and similar salts by hydration can contribute additional stresses. A rock durable enough to have withstood natural conditions for a very long time in other areas could probably be shattered into small pieces by salt weathering within a few generations. The dominant salt in Death Valley is halite, or sodium chloride, but other salts, mostly carbonates and sulfates, also cause prying and wedging, as does ordinary ice. Weathering by a variety of salts, though often subtle, is a worldwide phenomenon. Not restricted to arid regions, intense salt weathering occurs mostly in salt-rich places like the seashore, near the large saline lakes in the Dry Valleys of Antarctica, and in desert sections of Australia, New Zealand, and central Asia. The word "exert" in line 14 is closest in meaning to（）
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