Introduction to Law Ara 2. Deneme Sınavı
Toplam 20 Soru1.Soru
When did the proclamation of the Turkish Republic take place under the ruling of the Constitution of 1921?
January 1, 1920 |
April 23, 1920 |
April 23, 1923 |
October 29, 1923. |
November 10, 1938 |
Under the ruling of the Constitution of 1921 the proclamation of the Turkish Republic took place on October 29, 1923.
2.Soru
In which part of Corpus iuris civilis did classical jurist’s writings on law and justice collected?
Codex |
Digesta |
Institutiones |
Novellae |
Civilis |
Parts and themes of the Corpus could be listed as follows:
Digesta: It collected all of the classical jurist’s writings on law and justice;
The Code (Codex). It outlined the actual laws of the empire;
The Institutes (Institutiones). It summarised the Digest and intended as a textbook for students of law;
A fourth part, the Novella (Novellae) was made later to update the Code with new laws of Justinian.
3.Soru
In legal reasoning, judicial syllogism is based on which ancient philosopher's principles of logic?
Aristotle. |
Socrates. |
Zeno. |
Thales. |
Plato. |
The classical model of syllogism is based on the Aristotelian logic. Therefore, the correct answer is A.
4.Soru
Which of the followings is not one of the important argument types related to analogy?
Argumenta a minore ad maius. |
Argumenta e contrario. |
Argumenta a maiore ad minus. |
Argumenta a principlae. |
Argumenta a fortiori. |
The other most important argument types related to analogy are: • argumenta e contrario • argumenta a fortiori • argumenta a minore ad maius • argumenta a maiore ad minus. Therefore, the correct answer is D.
5.Soru
What does the Intenational Bill of Human Rights provide?
A list of economic human rights |
The rights that all citizens hold |
A list of indivisible human rights covering civil and political rights. |
An authoritative list of universal human rights covering civil and political rigts and economic, social and cultural rigts. |
A list of contracts about animal rigts |
An authoritative list of universal human rights covering civil and political rigts and economic, social and cultural rigts does the Intenational Bill of Human Rights provide.
6.Soru
“... the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government."
Which of the following terms is defined in the above paragraph?
“... the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government."
Which of the following terms is defined in the above paragraph?
Rule of law |
Legislative power |
Equality before the law |
Binding force of the law |
Judicial review |
Rule of law, one of the fundamental principles of the administrative law, refers to "the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government".
The correct answer is A.
7.Soru
"To the party losing a case, syllogism shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law."
To which function of judicial syllogism does the above statement refer to?
Rationality |
Certainty |
Justification |
Guidance |
Conclusion |
Judicial syllogism serves four main functions: rationality, certainty, justification, and guidance.
The syllogism provides the courts with an ideal mechanism for justifying what they do. To the party losing a case, it shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law.
The correct answer is C.
8.Soru
Which one is not one of the conditions for individual application to The Human Rights Committee?
There must be a human right violation by a party state |
Application must not be anonymus |
The violated right must be one of the rights in the Covenant on Civil and Political Rights |
Application must not be an abuse of right. |
Individual must get permission from his state to apply. |
A function of The Human Rights Committee is to protect individuals from human rights violations made by party states. Under these circumstances, to expect individuals to get permission from their state to apply the committee, could be meaningless. Because individual is going to complaint about the state. It’s obvious that state won’t allow it.
9.Soru
I. The principle of superiority: "lex posterior derogat legi priori".
II. The principle of posteriority: “lex specialis derogat legi generali”.
III. The principle of speciality: “lex superior derogat legi inferiori”.
Which statement(s) is/are false?
I, II and III |
II and III |
Only I |
I and III |
Only II |
Principles of priority are generally recognized:
1. The principle of posteriority: “lex posterior derogat legi priori”.
2. The principle of speciality: “lex specialis derogat legi generali”.
3. The principle of superiority: “lex superior derogat legi inferiori”.
10.Soru
Which of the following is not one the significant functions of law?
Preserving order |
Protecting rights |
Imposing duties |
Promoting development of the society |
Resolving disputes |
There are many significant functions of law, such as:
- Preserving order
- Achieving justice
- Protecting rights
- Imposing duties
- Establishing a framework for the conducts
- Promoting freedom
- Upholding the rule of law
- Protecting security
- Resolving disputes
Promoting the development of a society is not one of the main functions but indirect effects of law. The correct answer is D.
11.Soru
"A group life assurance scheme was set up by a company for its employees. Payments were made to certain classes of people including “descendants” of the employee in question. It was held by the Court that “descendant” was a legal term of art meaning legitimate descendant, and consequently no payment could be made to an illegitimate child of the employee."
For which of the following types of interpretation does the above case constitute an example?
Historical interpretation |
Systematic interpretation |
Argumentative interpretation |
Textual interpretation |
Teological interpretation |
In the common law tradition, textual interpretation is covered by the term “literal rule”, which requires if the words used in the statute are plain and unambiguous, they should be given their ordinary signification. The ordinary meaning of a word refers to its plain and popular sense. In case a statute contains a legal term of art, the court should give it its technical meaning, but not the ordinary meaning, unless there is something in the context to displace the presumption that it was intended to carry its technical meaning.
Thus, in this example, the legal meaning of a term supersedes its ordinary meaning. However, the Court arrives at this decision through a textual interpretation process.
The correct answer is D.
12.Soru
Which of the following is not one of the main characteristics of human rights?
Universality |
Equality |
Inalienability |
Interdependence |
Nobility |
Human rights are by nature universal rights, which are equal, inalienable, indivisible, interdependent and inherent to human being. Human rights are applied equally and with no discrimination (universality and equality), no one can have his/her human rights taken away without any justification (inalienability), and all human rights have equal importance (interdependence).
The correct answer is E.
13.Soru
Which one of the statements concerning sanctions is true?
Law divides legal wrongs into three categories. |
If a marriage is due to some defect (marriage before an unauthorized person, for example) existing at the time the marriage was celebrated is not null and void; just voidable. |
Voidable contract is a contract that has no legalforce from the moment of its making. An illegal contract is void. |
Grave offences like intentional killing shall be punished by life imprisonment, or in some countries by the death penalty. |
Void contract is a contract that, thoughvalid when made that can be later annulled by the court. |
Criminal offences, indeed, in most cases deserve the harshest sanctions that exist ina legal system. Punishment is a formal condemnationof the offender, who has committed a crime. A crime is a wrongful and culpable act defined in the penal codes of a legal system. Grave offences like intentional killing shall be punished by life imprisonment, or in some countries by the death penalty.
14.Soru
Which one of the statements about sculpture of lady justice is true?
The blindfold represent the enforcement measures in law. |
The Sword represents that decisions are made impartially. |
The blindfold also means that decisions are influenced by wealth, politics or popularity, etc. |
In every cases the eyes of lady are blindfolded. |
The scales stand for the principle that justice requires weighing the claims of each side. |
The sculptures of lady justice, the goddess Themis (meaning order). Her eyes are oftentimesblindfolded. Indeed, the three features of the traditional lady justice sculptures are scales, blindfold, and sword: The scales stand for the principle that justice requires weighing the claims of each side. The Sword represents the enforcement measures in law. It means Themis stands ready to force bothparties to comply with her decision. The blindfold represents that decisions aremade impartially, and it also means that decisions are not influenced by wealth, politics or popularity, etc.
15.Soru
Which one of the statements concerning some major theories on law is true?
According to Natural Law theory, law consists of a set of universal and unchanging moral principles accordance with nature. |
According to Positive Law theory, law is a vehicle to protect the individual rights, to attain justice or economic, political or gender equality. |
According to others, law is nothing than a collection of valid rules, commands, or norms. |
According to a dictionary, law cannot be a neutral body of rules which guarantees liberty and legality. |
According to Marxist theory, law is the whole system of rules that everyone in a country or society must obey. |
Natural Law consists of a set of universal and unchanging moral principles accordance with nature. According to Positive Law theory, law is nothing than a collection of valid rules, commands, or norms. According to others, law is a vehicle to protect the individual rights, to attain justice or economic, political or gender equality. According to a dictionary law is the whole system of rules that everyone in a country or society must obey. According to Marxist theory, law cannot be a neutral body of rules which guarantees liberty and legality.
16.Soru
In which of the following countries does common law still prevail?
England. |
Turkish Rebublic. |
France. |
Iran. |
Belgium. |
Unlike the civil law tradition, law of England, home of the common law, was not influenced by the reception of Roman law. Development of this tradition was led by the judges, who were the creator of the case law. In Turkish Republic, France and Belgium civil law is in force whereas in Iran sheriat laws are in force. Therefore, the correct answer is A.
17.Soru
When did the individual application take place in The Constitution of Turkey?
1961 |
1982 |
2004 |
2010 |
2016 |
The Individual Application has been introduced into Turkish legal system in 2010.
18.Soru
Which of the following matches between protocols and additional rights is correct?
Protocol No 1—Prohibition of imprisonment for debt |
Protocol No 4—right to education |
Protocol No 6—the right to compensation in the event of a miscarriage of justice |
Protocol No 7—abolition of death penalty |
Protocol No 12—general prohibition of discrimination |
Protocol No 17, adds new fundamental rights such as “right to property”, “right to education” and “right to free elections” to those protected in the European Convention on Human Rights. Protocol No 48, secures certain rights and freedoms other than those already in the Convention such as “prohibition of imprisonment for debt”, “freedom of movement”, “prohibition of expulsion of nationals”. Protocol No 69, regards the abolition of the death penalty. Protocol No 710, extends the list of rights protected under the Convention and its Protocols in -the right to compensation in the event of a miscarriage of justice. Protocol No 1212 deals with the general prohibition of discrimination stating that “ (t)he enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
19.Soru
What is the meaning of ‘Common Law’?
The law that is not the result of legislation, that is, the law created by the decisions of the judges. |
The law which takes its source from Roman law. |
The law that is created by people. |
The law that is regulated by legislative branch. |
The law that is common and executed all around the world. |
The phrase common law has a different variety of meanings. The term originally meant the law that was common to the whole of England. Common law is also a synonym for case law meaning the law that is not the result of legislation, that is, the law created by the decisions of the judges. The correct answer is A.
20.Soru
Which of the following statements is not correct related to Kanuni Esasi (1876)?
The supreme authority and personality of the Sultan was kept |
The Ottoman Monarchy remained while two assemblies |
Responsibility of the Sultan was particularly articulated |
It was an example of the constitutionlike documents in order to limit powers of rulers |
There were a parliament named Meclis-i Umumi |
Responsibility of the Sultan was not articulated in the Kanuni Esasi, accordingly, Sultan was predominant as regards to powers.
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