Business Law Final 4. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the followings is the case-specific characteristic among the advantages of arbitration?
Neutrality. |
Flexibility. |
Confidentiality. |
Expedition. |
Enforcement. |
Provided that the parties are treated fairly, an arbitral proceeding may be tailored to meet the specific requirements of the dispute, rather than conducted in accordance with fixed national procedural law rules usually unfamiliar to one or both of the parties. Therefore, the correct option is B.
2.Soru
Concerning the international commercial affairs, which of the followings refers to the specially established mechanism for the final and binding determination of disputes, concerning a contractual or other relationship, by independent arbitrators, in accordance with rules chosen by the parties?
Mediation. |
Liability. |
Simulation. |
Arbitration. |
Conversion. |
In an international commercial relationship, usually the parties are from different countries and different legal cultures, speaking different native languages. Contracting parties from one country are generally unwilling to submit to the national courts of the other party. There is often a distrust of foreign courts, and moreover a hesitation for their suitability for certain types of international contractual relationships. Therefore, arbitration, as an alternative dispute resolution method, flourished and bloomed for the resolution of international commercial disputes. Arbitration is a specially established mechanism for the final and binding determination of disputes, concerning a contractual or other relationship, by independent arbitrators, in accordance with rules chosen by the parties. Therefore, the correct option is D.
3.Soru
Three-fourths of the members of which of the following institutions is appointed by Council of Judges and Prosecutors?
Court of Cassation. |
Constitutional Court. |
Council of State. |
Court of Accounts. |
Supreme Election Board |
The Council of Judges and Public Prosecutors is the competent body to take decisions on civil, criminal and administrative judiciary.The council’s main power is to make decisions and carry out the operations on acceptance into profession, appointments, promotions and disciplinary procedures with regard to judges and public prosecutors. The council also has the power to elect all members of the Court of Cassation and ¾ of the members of the Council of State. Therefore, the correct option is C.
4.Soru
"It is not possible for the parties to refer to mediation for all kinds of disputes. Mediation Law stipulates that only private law disputes arising out of matters that the parties may freely dispose of, including those that carry a foreign element, can be subject to mediation."
In accordance with the statement above, which of the followings may not be a matter of mediation?
Disputes regarding copyright infringements. |
Disputes reagarding labor. |
Disputes regarding divorce. |
Disputes regarding properties. |
Disputes regarding individuals. |
It is not possible for the parties to refer to mediation for all kinds of disputes. According to Article 1/2 of the Mediation Law, only private law disputes arising out of matters that the parties may freely dispose of, including those that carry a foreign element, can be subject to mediation. Therefore, the disputes arising out of subject matters related with public policy can not be referred to mediation. For example, spouses may not refer to mediation for divorce; or disputes concerning affiliation of a child to one of his/her parents may not be subject to mediation. Therefore, the correct option is C.
5.Soru
Which of the following is the most essential statute on Social Insurance and Universal Health Insurance?
Act. No. 5510 |
Act. No. 6098 |
Act. No. 5953 |
Act. No. 6331 |
Act. No. 854 |
The most essential statute is the Act No. 5510 on Social Insurance and Universal Health Insurance.
6.Soru
Which of the following can be described as the spending made by the government of a country on collective needs and wants?
Public interest |
Public security |
Public expenditure |
Fiscal law |
State revenues |
Public expenditure can be defined as the spending made by the government of a country on collective needs and wants.
7.Soru
I. Experience of five years in their fields,
II. University degree,
III. Former conviction of a crime,
IV. Turkish citizenship.
Which of the ones listed above is a precondition to become a mediator?
I & IV. |
III & IV. |
I, II & IV. |
I & III. |
Only III. |
According to Article 20 of the Mediation Law, only Turkish citizens, who are graduates of law faculties, and who possess at least five year experience in his/her profession, may be a mediator. The mediator shall also have full capacity, not be condemned due to an intentional crime, and finish the mediation training and pass the written exam to be conducted by the Ministry of Justice. In order to be a mediator, one has to be registered as a mediator in the relevant central registry. Therefore, the correct option is A.
8.Soru
I. Both parties,
II. Mediator
III. Judge,
IV. Lawyers of both parties.
Which of the signatures of the actors of mediation process listed above is necessary for a mediation settlement to be enforced as a court order without the approval from a court?
I &II. |
II & III. |
I & IV. |
I, II & IV. |
I, II & III. |
If the settlement agreement is signed only by the parties, that agreement needs an approval from the court in order to be enforced as a court judgment. A settlement agreement bearing the signatures of the parties, their lawyers and the mediator, may be enforced as a court judgment without any approval from a court. Therefore, the correct option is D.
9.Soru
Which of the following is not one of the duties of Ministry of Justice?
To establish and organize courts as foreseen in the laws |
To plan and establish any and all types and degrees of judicial institutions |
To carry out services regarding keeping judicial records |
To carry out functions regarding foreign countries on judicial services |
To function as the last instance court for reviewing decisions and judgments given by lower courts |
To function as the last instance court for reviewing decisions and judgments given by lower civil and criminal courts is the main duty of the Court of Cassation.
10.Soru
Which of the following is true for "taxes"?
Taxes are generally paid in exchange for some specific things |
Taxes do not differ from other sources of revenue |
Taxes are presumably collected for the welfare of taxpayers |
Individual taxpayer’s liability is not independent of any specific benefit received. |
Taxes are the voluntary proportional contributions from persons |
As compulsory, unrequited payments to government taxes are the enforced proportional contributions from persons and property levied by the law-making body of the State by virtue of its sovereignty for the support of the government and all public needs. In modern economies taxes are the most important source of governmental revenue. Taxes differ from other sources of revenue in that they are compulsory levies and are unrequited i.e., they are generally not paid in exchange for some specific things, such as a particular public service, the sale of public property, or the issuance of public debt. While taxes are presumably collected for the welfare of taxpayers as a whole, the individual taxpayer’s liability is independent of any specific benefit received.
11.Soru
What happens if the mediation is terminated because one of the parties did not attend the first meeting?
The non-attending party will be penalized at the highest limit if he/she is found wrong at the and of the proceedings. |
If the non-attending party is the complainant, then he/she will not have the right to proceed with the litigation. |
The attendance does not affect the court proceedings. |
The non-attending party will be responsible of whole of the court costs even though he/she is found fully right at the end of the court proceedings. |
The non-attending party will have to pay the lawyer of the other party. |
If the mediation is terminated because one of the parties did not attend the first meeting, the non-attending party will be responsible of whole of the court costs even though he/she is found fully right at the end of the court proceedings; and he will not be entitled to the reimbursement of the fees he/she paid to the attorneys.
12.Soru
In the Turkish Taxation System, the duty imposed on expenditures related to legal transactions is called:
In the Turkish Taxation System, the duty imposed on expenditures related to legal transactions is called:
Stamp tax. |
Value added tax. |
Special consumption tax. |
Special communication tax. |
Inheritance and gift tax. |
In the Turkish Taxation System, stamp tax is a duty imposed on the expenditures relatied to legal transactions.
13.Soru
Which of the following is a public officer appointed to decide cases in a law court?
Lawyer |
Prosecutor |
Judge |
Arbitrator |
Mediator |
A judge is a public officer appointed to decide cases in a law court. Judges are the public officials who preside over civil, criminal and administrative trials in relevant courts. Turkish Constitution has adopted the principle of professional judge.
14.Soru
"Real estate tax is a special tax ......................" Which of the following best completes the sentence above?
on interest related income of banks |
on property collected by the municipalities |
on income collected by the central government |
on income of landlords |
on expenses specific on corporations |
Real estate tax is a special tax on property collected by the municipalities.
15.Soru
Based on the Turkish International Arbitration Law the number of arbitrators shall be:
3 |
11 |
Equal to the number of parties. |
Even. |
Odd. |
The parties are free to determine the number of arbitrators. However, the number shall be odd. If the number of arbitrators is not determined by the parties, three arbitrators shall be appointed.
16.Soru
Which of the following is one of the national "official" sources of labour law?
Establishment Practices |
Internal Regulations |
Statutes |
Individual Employment Contracts |
Collective Labour Agreements |
The official sources consist of the Constitution, statues, by-laws and other legislative instruments of minor significance in the field of labour law such as regulations.
17.Soru
Which of the following can be explained as "a general, repetitious and de facto provision of an interest to the employees unilaterally by the employer creating an objective expectation on the part of the employees to repeat" ?
Internal regulations |
Establishment practices |
Individual employment contract |
Collective labour agreements |
Employer's right of direction |
An establishment practice is a general, repetitious and de facto provision of an interest to the employees unilaterally by the employer creating an objective expectation on the part of the employees to repeat.
18.Soru
Which of the following is defined as “a contract where one party (the employee) undertakes to subordinately perform work and the other to pay remuneration”?
Employee |
Social security law |
Labour law |
Employer’s representative |
Employment contract |
Article 8 of the Turkish Labour Act No. 4857 defines employment contract as “a contract where one party (the employee) undertakes to subordinately perform work and the other to pay remuneration.”
19.Soru
Which of the following positions is not considered as “judge” as well as the judges?
Masters of the bench |
All of the public prosecutors |
Almost all of the middle level and senior bureaucrats assigned in the central |
President and members of supreme courts |
Most of the judges assigned as rapporteurs in the supreme courts |
As well as the judges at benches, the persons in the following positions are considered as “judge”:
- All of the public prosecutors,
- Almost all of the middle level and senior bureaucrats assigned in the central organization of the Ministry of Justice, the CoJP and justice inspectors,
- President and members of supreme courts and the public prosecutors assigned in these courts,
- Most of the judges assigned as rapporteurs in the supreme courts.
20.Soru
Which of the following is true for the "courts of first instance"?
Courts of first instance handle the cases at the first step |
The minority of the cases are dealt by courts of first instance |
Courts of first instance review some cases decided by courts of intermediate appellate courts |
Courts of first instance are not trial courts and they do not hear new evidence |
Courts of first instance are the nation’s highest appellate courts |
Courts of first instance handle the cases at the first step. With a very few exceptions, the majority of the cases are dealt by courts of first instance as trial courts. Each court has jurisdiction over a certain geographic area, and may hear cases only within that jurisdiction. Intermediate appellate courts, which are also called as district courts of appeals, review some cases that have been decided by courts of first instance (if they are not a final decision). They are also trial courts and they hear new evidence. They decide whether the lower court (court of first instance) correctly applied the law in the relevant case.
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