Introduction to Law Ara 10. Deneme Sınavı
Toplam 20 Soru1.Soru
In how many categories does law divide legal wrongs?
1 |
2 |
3 |
4 |
6 |
Law divides legal wrongs into two categories, which is criminal wrongs and civil wrongs. Therefore, the correct answer is B.
2.Soru
Which of the following codes is the oldest one?
The law of the Athenian statesman Solon |
The Code of Hammurabi |
Twelve tables |
Corpus Juris Civilis |
Napoleonic Codification Mevement |
History has witnessed, from ancient times until today, many great efforts to codify law. But the Code of Hammurabi is the oldest, which has created by the King of Babylon in about 1760 BC. The correct answer is B.
3.Soru
Which of the following philosophers influenced the systematization of law in Germany?
Jung. |
J. bentham. |
E. Kant. |
J. Locke. |
F. Engels. |
In Germany, under the influence of Idealist thought shaped by Kant, jurists like Feuerbach emphasized the vital role of systematization in law. Therefore the correct answer is C.
4.Soru
Which one is examined in different subbranch of law?
Form and main organs of the State |
Structure and functions of State organs |
Fundamental rights |
Fundamental freedoms |
Torts |
Torts are included in law of obligations while all others are included in constitutional law.
5.Soru
Which of the followings is not one of the historical documents to codify laws?
Magna Carta. |
Twevle Tablets. |
The law of the Athenian statesman Solon. |
The Code of Hammurabi. |
Corpus Juris Civilis. |
Magna Carta is a document to regulate administrative affairs between the King and the feudal lords of Britain. Therefore, the correct answer is A.
6.Soru
Which of the following aspects of human rights is underlined by the following quote?
“No one can have his/her human rights taken away without any justification”
inalienable |
indivisible |
interdependent |
universal |
interchangeable |
Human rights put human dignity in the center of concern. The characteristics of human rights are as follows:
- universal: human rights are applied equally and with no discrimination.
- inalienable: no one can have his/her human rights’ taken away without any justification.
- indivisible and interdependent: all human rights have equal importance. Neither of them are overriding another by being more important than the other.
7.Soru
I. The Constitutional Court is responsible for the judicial review of the execution.
II. Judicial power is vested to independent courts according to article 9 of the Constitution.
III. Judges shall give judgments according to the Constitution, laws and their personal conviction conforming with the law.
IV. Any decision of executive organs is superior to judges' decisions.
V. The formation, powers and duties of courts shall be regulated by law according to article 142 of the Constitution.
Which of the above statements about judicial review - one of the principles of administrative law - are not true?
I-V |
I-IV |
II-III |
III-IV |
IV-V |
The information in statement I and statement IV is not correct.
The Council of State, together with administrative courts, is responsible for the judicial review of the execution. The judicial review of the legislative power is performed by the Constitutional Court.
Judges' decisions are binding upon legislative and executive organs and administration. Thus, executive decisions cannot be superior to judges' decisions.
The correct answer is B.
8.Soru
The Turkish Constitution stipulates that "the exercise of fundamental rights and freedoms may be partially or entirely suspended" under certain conditions. Which of the following is not one of these conditions?
State of emergency |
Martial law |
War |
Natural disaster |
Mobilization |
Article 15 of the Constitution reads as follows: "In times of war, mobilization, martial law, or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended ..."
Thus, natural disaster is not one of the conditions that require the suspension of fundamental rights.
The correct answer is D.
9.Soru
"--------------------------------------------- requirement rests on the principle that international bodies should supplement State institutions and should not get involved unless the human rights violation cannot be resolved at the national level. Thus, before submitting a complaint to an international mechanism, individuals or organizations must first attempt to settle the situation using national proceedings."
Which of the following fills in the blank in the above paragraph?
Admissibility criteria |
No punishment without law |
Freedom of thought, conscience and religion |
Exhaustion of domestic remedies |
Limitation on use of restrictions on rights |
The exhaustion of domestic remedies requirement rests on the principle that international bodies should supplement State institutions and should not get involved unless the human rights violation cannot be resolved at the national level. Thus, before submitting a complaint to an international mechanism, such as a UN treaty body or the European Court of Human Rights, individuals or organizations must first attempt to remedy the situation using national proceedings.
The correct answer is D.
10.Soru
Which are official orders issued by a head of state, ruler, government or any other authority entitled to issue?
Regulations |
International treaties |
Customary law |
Decrees |
By-laws |
Decrees are official orders issued by a head of state, ruler, government or any other authority entitled to issue.
11.Soru
The main objective of this body is the promotion and protection of human rights. Its roles include standard setting, monitoring and implementation. In order to protect and promote human rights, ------------------------------------ cooperates with governments, national human rights institutions, civil society, private sectors and others.
Which of the following bodies is defined above?
United Nations Human Settlements Programme |
United Nations Economic and Social Council |
Office of the High Commissioner for Human Rights |
European Court of Human Rights |
United Nations General Assembly |
Office of the High Commissioner for Human Rights is a department of the United Nations established to promote and protect human rights. The Office plays the leading role on human rights issues and emphasizes the importance of human rights at the international and national levels, and promotes international cooperation on human rights issues.
The correct answer is C.
12.Soru
"-------------------------------- is an extension of a legal rule from one case to another due to a similarity which is regarded by the judge to be material."
Which of the following terms is defined above?
Deductive reasoning |
Argumenta a minore ad maius |
Inductive reasoning |
Textual interpretation |
Analogical reasoning |
Known as one of the most commonly used arguments in legal reasoning in every legal system, legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution. An analogy consists of an observed similarity between two phenomena, namely source and target. Analogical reasoning is an extension of the source to the target. Furthermore, it is an extension of a legal rule from one case to another due to a similarity which is regarded by the judge to be material.
The correct answer is E.
13.Soru
Which one decides on accepted requests for referrals?
The Grand Chamber |
Single judge |
Three judge committee |
Seven judge committee |
Ad-hoc judges |
The Grand Chamber decides on the mentioned requests.
14.Soru
What day do most countries celebrate as Human Rights Day?
1 January |
10 December |
2 March |
6 June |
2 December |
10 December
15.Soru
Which of the following statements about the gaps in law is false?
Gap-filling is, in a sense, a judicial law-making, which is also called as judgemade law. |
Analogy plays an important role in closing gaps within the legal system. |
In criminal law, for example, for the sake of legal certainty, analogical or customary justifications of criminal sanctions are excluded. |
In Turkish law, judges whose law creating activity is not binding upon other courts. |
In the Turkish law, in the absence of a provision, the court shall |
Article 1 of the Turkish Civil Code points out that ın the absence of a provision, the court shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that it would make as legislator.
16.Soru
Which of the following is NOT among the requirements for individual petition to the Constitutional Court?
conclusion |
the rights and freedoms alleged to be violated |
provisions of the Constitution relied upon |
the stages regarding the exhaustion of legal remedies |
Document of payment of the fee for application |
The petition for individual application shall consist of:
- identification and address of the applicant and (if any) representative (if there is a representative proxy must be submitted)
- the right(s) and freedom(s) alleged to be violated
- provisions of the Constitution relied upo
- reasoning
- the stages regarding the exhaustion of legal remedies
- the date on which remedies for application have been exhausted or if remedy of application has not been envisaged the date on which the violation has been acknowledged and the damage incurred,
- evidence relied upon and the originals (or samples) of the transaction or the decisions that are claimed to have led to the violation
- document of payment of the fee for application.
17.Soru
Which is not mentioned as a characteristics of the Turkish Republic in 1982 Constitution?
Secularism |
Social state |
Respect for human right |
Democracy |
Unitary state |
Basic characteristics of the Turkish Republic, as enshrined in the constitution, are
• democracy,
• secularism,
• commitment to Atatürk nationalism,
• the rule of law,
• respect for human rights, and
• social state.
18.Soru
I. It is codified.
II. It is largely based on precedent and case law.
III. It is made by Parliament.
IV. It is developed from customs and decisions made by judges.
Which statements upper are true?
I and III |
I and II |
II and III |
II and IV |
I and IV |
One can identify the basic characteristics of the traditional common law in following terms:
• It is uncodified;
• It is largely based on precedent and case law;
• It is developed from customs and decisions made by judges;
• It is not made by Parliament.
19.Soru
Which of the followings cannot be considered a part of constitutional evolution in Turkish history?
Senedi İttifak (1808). |
Asakir-i Mansure-i Muhammediye (1826). |
Tanzimat Fermanı (1839). |
Islahat Fermanı (1856). |
Kanuni Esasi (1876). |
Asakir-i Mansure-i Muhammediye (1826) was the replacement for Yeniçeri forces. Others are documents limiting the Sultan's power. Therefore, the correct answer is B
20.Soru
What are secondary sources of law?
Institutional writer, 19th century literature and professional works/journals. |
Institute of the Laws of Scotland |
UK Supreme Court, Court of Session, High Court, Sheriff court, Justice of the Peace |
Institutional writers |
None of the options given are correct |
UK Supreme Court, Court of Session, High Court, Sheriff court, Justice of the Peace are secondary sources of law.
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