Introduction to Law Ara 1. Deneme Sınavı
Toplam 20 Soru1.Soru
What does mean of of "control of the central bodies on acts, actions, officers and financial resources of local administration".?
Administrative tutelage |
Sovereignty |
Integrity |
Decentralized administration |
Public personnel |
The relations between local administrations/ geographically decentralized administrations and central administration are provided with administrative tutelage. Administrative tutelage is a means of control of the central bodies on acts, actions, officers and financial resources of local administration.
2.Soru
"Law is studied on an objective and empirical basis. The question is not what law ought to be, but rather what actually law is. Only laws on the statute books and other written forms can be considered as law since they have an empirical form."
Which of the following approaches defines law from an empirical perspective?
Natural law |
Marxism |
Legal positivism |
Social law |
Critical approach to law |
Legal positivists take their view of law from positive science. Law is studied on an objective and empirical basis. The question is not what law ought to be, but rather what actually law is. Only laws on the statute books and other written forms can be considered as law since they have an empirical form. Consequently, according to this view, the function of a judge is mechanical: it is simply to apply the objective (enacted law). In contrast, the natural law view has a moral (or “natural justice”) dimension, in that it seeks to define law not simply as it is (i.e. in its empirical form) but also how it ought to be, that is, in line with “morally” correct or just behaviour.
The correct answer is C.
3.Soru
Which one of the following statements is false as regards to provincial departments?
Turkey is divided into provinces on the basis of “geographical situation”, “economic conditions”, and “public service” requirements. |
Under the Law on Provincial Administration (No 5442) lower levels of provinces are laid down as sub-provinces and districts. |
The administration of the provinces is based on the principle of devolution of powers. |
The mayor is the chief executive of the province and is responsible for the coordination and cooperation of government authorities within the province. |
Central administrative organizations comprising several provinces may be established to ensure efficiency and coordination of public services. |
The provincial departments are under the hierarchy of Ministries. The head of the province is the governor; head of the sub-province is the subgovernor. The governor is the chief executive of the province and is responsible for the coordination and cooperation of government authorities within the province.
4.Soru
Article 1363 of the Italian Civil Code reads: “Clauses in contracts are to be interpreted each by means of the others, by attributing to each of them the meaning which ensues from the whole of the contract.”
Which of the following types of interpretation does this article refer to?
Systematic interpretation |
Teological interpretation |
Historical interpretation |
Textual interpretation |
Argumentative interpretation |
Systematic interpretation is related with the context of a norm; hence, it involves an investigation into the relations between the norm to be applied and other relevant norms and codes of the same legal system. This mode of interpretation serves the interests of consistency and coherence of the legal system as a whole.
The correct answer is A.
5.Soru
Which of the followings is wrong?
Morality looks to thought and feeling; whereas law looks to acts. |
Moral principles must be applied with reference to circumstances and individuals; whereas legal rules are typically of general and absolute application. |
Law does not necessarily approve what it does not condemn. |
Ethics aims at perfecting the individual character of men; whereas law seeks only to regulate the relations of individuals with each other and with the state. |
Resistance to law may be legal, but cannot be moral. |
Resistance to law may be moral, but cannot be legal. It is about the relation between morality and law. The correct answer is E.
6.Soru
Which type of interpretation does require an investigation into the semantic content and the syntactic structure of a provision.?
Genetic interpretation |
Systematic interpretation |
Literal interpretation |
Historical interpretation |
Purposive Interpretation |
Literal interpretation, also known as grammatical or semiotic interpretation, requires an investigation into the semantic content and the syntactic structure of a provision. The literal interpretation may at first sight seem simple. The basic rule of literal interpretation is that the literal meaning shall prevail whenever the words of a statute are clear and unambiguous and addresses the point at issue.
7.Soru
Which article of Turkish Constitution stipulates that international laws shall prevail in case they contradict national laws in Turkish Republic?
Article 3. |
Article 19, paragraph 4. |
Article 90, paragraph 5. |
Article 150. |
Article 107, paragraph 7. |
With its wording of the article 90/5, international human rights agreements precede national laws. In other words, if there exists a conflict between an international agreement and national law, the former will prevail. Therefore, the correct answer is C.
8.Soru
Which one below is the historical root of Civil law tradition?
Talmudi law |
Islamic law |
Hindu law |
Common law |
Roman law |
The answer is Roman law. Because Civil law tradition influenced by Roman law.
9.Soru
Which one of the following functionally decentralized administrations are established to regulate the operation of markets and make regulations in order to both set and protect the public interest in these markets by setting standards, issuing licenses, prohibiting unlawful practices?
Public Economic Enterprises |
Independent Regulatory Agencies |
Universities |
The Council of Higher Education |
Public Professional Organizations |
Independent Regulatory agencies (under article 166 of the Constitution and laws that establish them) -independently from central administration- are established to regulate the operation of markets and make regulations in order to both set and protect the public interest in these markets by setting standards, issuing licenses, prohibiting unlawful practices.
10.Soru
What is the process of clarifying the true meaning of a written document?
Analogy |
Methodology |
Rationality |
Interpretation |
Gap-filling |
The definition given belongs to interpretation.
11.Soru
With which of the following Covenants do the members of The Human Rights Committee have to be affiliated?
The International Covenant on Economic, Social, and Cultural Rights |
International Convention for the Protection of all Persons from Enforced Disappearance |
The International Covenant on Civil and Political Rights |
The American Convention on Human Rights |
The European Convention for the Protection of Human Rights and Fundamental Freedoms |
The Human Rights Committee shall be composed of nationals of the States Parties to the International Covenant on Civil and Political Rights. According to the article 40/1 of the International Covenant on Civil and Political Rights, the States Parties to the International Covenant on Civil and Political Rights undertake to submit reports on the measures they have adopted which give effect to the rights recognized in it and on the progress made in the enjoyment of those rights.
12.Soru
The existence of human rights is a result of a struggle against unrestricted absolute power of rulers. Which of the following texts is not one of the early examples of documents against absolute power?
Code of Hammurabi. |
The French Declaration of Human and Citizen Rights. |
Petition of Rights, 1628. |
Magna Carta. |
American Declaration of Independence. |
Early examples of documents limiting absolute power in a constitutional status are • Magna Carta, 1215 • Petition of Rights, 1628 • The American Declaration of Independence, 1776 • The French Declaration of Human and Citizen Rights, 1789. Code of Hammurabi is the code of the Babylonian King. Therefore, the correct answer is A.
13.Soru
"We have discovered that students who come eager to learn the rules and who do learn them, and who learn nothing more, will take away the shell and not the substance. We have discovered that rules alone, mere forms of words, are worthless"
The quote above was said by which legal mind on US legal education?
E. Kant. |
K. Llewellyn |
Berman. |
Stolker. |
Cooper. |
The American approach to legal education is best described by Karl Llewellyn, who contended that: We have discovered that students who come eager to learn the rules and who do learn them, and who learn nothing more, will take away the shell and not the substance. We have discovered that rules alone, mere forms of words, are worthless. Therefore, the correct answer is B.
14.Soru
What does the mean of "interpretatio cessat in claris"?
The inclusion of the one is the exclusion of the other. |
An inquiry into the meaning of legal terms as intended by the historical legislator. |
Interpretation stops when a text is clear. |
Reasoning that moves from specific cases to more general, but uncertain, conclusions. |
A fundamental principle that words shall be construed literally. |
Interpretatio cessat in claris: Interpretation stops when a text is clear. This legal maxim needs to be complemented by additional rules.
15.Soru
When norms conflict, which solution is applicable by courts?
One of the conflicting norms could be altered |
One of the conflicting norms could be invalidated |
An exception could be added |
To interpret |
To fill the gap |
To interpret and To fill the gap are not solutions for the given problem.One of the conflicting norms could be altered and An exception could be added are applicable only by the parliement.
16.Soru
I. The European Court of Human Rights consists of judges from the member states of European Union
II. The judges who are elected for the Committee are not representatives of their states
III. National judges shall not sit as a single judge.
Which of above are false?
Only I |
Only II |
Only III |
I and II |
I, II and III |
II and III true.I is false. Because The Court consists of judges from the member states of the convention, not the Union.
17.Soru
“Sanctions for civil wrongs are primarily ……..”
Which word should fill the blank in the sentence above?
Imprisonment |
Nullity |
Public service |
Fine |
Compensation |
Compensation is the right answer. Because in civil law, statutes usually regulate compensation sanctions.
18.Soru
I. Anonymity,
II. Similar or same subject previously dealt with,
III. Incompatibility with the Convention's provisions,
IV. Domestic remedies exhausted.
Which of the listed above is a reason for inadmission by the European Court of Human Rights?
Only I. |
I & II. |
Only IV. |
I, II & III. |
Only III. |
In order to be admitted, the complaint has to exhaust domestic remedies. The other three items are reasons for inadmission. Therefore, the correct answer is D.
19.Soru
I. Case law has not any role in any circumstances in civil law system.
II. The binding part of the decision is called ratio decidendi in case law system.
III. A judge can overrule a decision of a lower court.
Which ones are the correct?
Only I |
Only II |
Only III |
I and II |
II and III |
Case law plays a significant role in civil law. It has an effect; however this effect is not strong as much as it has in case law. So I is wrong and others are correct.
20.Soru
Which of the followings is not one of the duties and powers of the Turkish National Assembly?
To debate and adopt the budget bills and final accounts bills. |
To exercise the powers and carry out the duties envisaged in the other articles of the Constitution. |
To establish the official communication between the senate with congress and cabinet of ministers. |
To enact, amend and repeal laws. |
To issue decrees having the force of law on certain matters. |
In Turkish Republic, there is no senate or congress, but Grand National Assembly. Therefore, the correct answer is C.
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