Introduction to Law Ara 4. Deneme Sınavı
Toplam 20 Soru1.Soru
I. Enlivening economy
II. Preserving order
III. Achieving justice
IV. Protecting rights
Which of the aims above are among the functions of law?
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I – II – III |
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I – II – IV |
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I – III – IV |
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II – III – IV |
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I – II – III – IV |
There are many significant functions of law, but ‘enlivening economy’ is not one of them. The correct answer is D.
2.Soru
Which of the following one was the first constitution of the Turkish Republic?
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Kanuni Esasi (1876) |
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The Constitution of 1921 |
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The Constitution of 1924 |
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The Constitution of 1961 |
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The Constitution of 1982 |
The Constitution of 1924 was the first constitution of the Turkish Republic
3.Soru
Which of the following expressions in Latin means "where a text is expressed in general terms, it is forbidden to introduce restrictions"?
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Exceptio est strictissimae interpreationis Specialia generalibus derogant |
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Ubi lex non distinguit, nec nos distinguere debemus |
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Expressio unius est exclusion alterius |
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Incivile est nisi tota lege interpretari |
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Exceptio est strictissimae interpreationis |
The meaning of "Ubi lex non distinguit, nec nos distinguere debemus" is "where a text is expressed in general terms, it is forbidden to introduce restrictions".
Thus, the correct answer is B.
4.Soru
Which of the following information about judicial syllogism is not true?
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The classical model of syllogism is based on the Aristotelian logic. |
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Judicial syllogism is mostly applied in common law countries. |
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The facts of a case (minor premise) are subsumed under a general rule (major premise). |
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Syllogism facilitates the building up of a logically consistent system of propositions which enhance consistency and predictability. |
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Syllogism provides the courts with an ideal mechanism for justifying what they do. |
A typical judgment in a legal system based on civil law tradition is a logical deduction or series of logical deductions drawn from pre-existing premises, known as judicial syllogism. Common law courts rarely take as their starting point an abstract rule which then has to be applied to the established facts before them. Common law courts deal, first and foremost, with the facts of the case at hand and arguments of parties, and arrive at a solution through a reasoning process that tends to focus on the particularities of the actual institutions that are germane to the case before them. Thus, one can contend that, as a form of deductive reasoning, judicial syllogism is mostly applied in civil law countries.
The correct answer is B.
5.Soru
Which one is not one of early examples of human rights documents?
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Magna Carta |
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Petition of Rights |
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The American Declaration of Independence |
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The French Declaration of Human and Citizen Rights |
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The Code of Hammurabi |
First four options are human rights documents but The Code of Hammurabi is not. The Code of Hammurabi is an example for codifications in the history.
6.Soru
Which of the following advisory bodies of the central administration "audits on behalf of the Grand National Assembly of Turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment"?
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Council of Ministers |
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Court of Accounts |
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National Security Council |
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Council of State |
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Prime Ministry |
Ministries are the main body of Central Departments. Besides, there are some other components in the central departments as advisory bodies. One of these is the Court of Accounts, which audits on behalf of the Grand National Assembly of Turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment.
The correct answer is B.
7.Soru
Which of the following types of law does not fall under the category of "public law"?
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Constitutional law |
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Commercial law |
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Administrative law |
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Criminal law |
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International law |
Public law, a part of the civil law, includes constitutional, administrative, criminal and international laws. Commercial law is a part of the private law.
The correct answer is B.
8.Soru
I. Province,
II. Canton,
III. Council of State,
IV. Council of Judges and Prosecutors.
Which one(s) of the above-listed items is/are element(s) of administration?
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I, II & III. |
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Only I. |
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I & III. |
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Only IV. |
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II, III & IV. |
Canton is not an administrative unit in Turkish Republic. Council of Judges and Prosecutors is of the judiciary. Therefore, the correct answer is C.
9.Soru
Judgments of the European Court of Human Rights have binding force on the member states, which undertake to execute the judgments. Which of the following bodies monitors the execution of judgments by member states?
Judgments of the European Court of Human Rights have binding force on the member states, which undertake to execute the judgments. Which of the following bodies monitors the execution of judgments by member states?
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European Court of Human Rights |
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European Commission |
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European Parliament |
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Court of Justice of the European Union |
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Committee of Ministers of the Council of Europe |
Judgments of the European Court of Human Rights have binding force on the member states, which undertake to execute the judgments. The execution of judgments is monitored by the Committee of Ministers of the Council of Europe. After delivering the judgment, the European Court of Human Rights hands the judgment to the Committee of Ministers of the Council of Europe that confers with the state concerned in order to execute the judgment.
The correct answer is E.
10.Soru
What does legally being "null" or "void" mean?
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It refers to the extended time a legal act is valid for. |
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It states to a legal act is not valid. |
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It refers to the fact that a legal act is recognized by law. |
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It states the content of a contract. |
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It refers to the legal procedures. |
If a legal act is void, this means that it was never in the eyes of the law a valid act. Indeed, such a legal act is regarded as “dead” from the beginning, and it is regarded as nullity. Therefore, the correct answer is B.
11.Soru
Which statement below about interpretation of statues is false?
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Reductio ad absurdum argument means that one has to exclude that meaning of a norm which would bring about ‘absurd’ effects. |
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In France, Germany, or Turkey, there are special “Interpretation Acts” which are intended to assist the draftsmen or to guide the judge in interpretation. |
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Interpretation in law is one of the most important tasks of jurists, especially in a legal system which is characterized by codifications. |
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Interpretation of legislative provisions today is mainly a task belonging to the courts when they face with problems of interpretation arising out of legal disputes. |
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Literal interpretation, also known as grammatical or semiotic interpretation, requires an investigation into the semantic content and the syntactic structure of a provision. |
Usually, in civil law systems, we do not find any general authoritative statement regarding the law on interpreting statutes. The currently employed rules and techniques of interpretation in France, Germany, or Turkey are rather the results of customary law, judicial practice and legal writing. By contrast, in common law jurisdictions, there are special “Interpretation Acts” which are intended to assist the draftsmen or to guide the judge in interpretation.
12.Soru
In France, what is historical interpretation called?
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Mischief rule |
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Literal rule |
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Genetic method |
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Exegetical method |
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Purposive method |
In France, this method of interpretation is called the exegetical method. The basic assumption of the method is that any statute is an act of will, and thus, the most appropriate method for interpreting this will is to investigate into the legislator’s intention at the time when the law was made (ex tunc).
13.Soru
"As acting under the law, the administration shall use powers conferred upon it and shall have competence to act, shall have legal reason to act, shall be hold responsible and accountable and shall be transparent."
Which of the following principles refers to these characteristics of administrative law?
"As acting under the law, the administration shall use powers conferred upon it and shall have competence to act, shall have legal reason to act, shall be hold responsible and accountable and shall be transparent."
Which of the following principles refers to these characteristics of administrative law?
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Judicial review |
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Rule of law |
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Unilateralism |
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Separation of powers |
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Legality |
As “law” is considered as a tool to protect individuals’ fundamental rights and freedoms, legality works as the basis of both framework and functioning of an administration. The principle of legality covers establishment and functioning of administration.
As acting under the law, the administration shall use powers conferred upon it and shall have competence to act, shall have legal reason to act, shall be hold responsible and accountable and shall be transparent. All of these components would amount to the principle of legality of administration.
The correct answer is E.
14.Soru
Which of the following one is the current constitution of the State of Turkish Republic?
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The Constitution of 1876 |
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The Constitution of 1921 |
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The Constitution of 1924 |
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The Constitution of 1961 |
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The Constitution of 1982 |
The Constitution of 1982 is the current constitution of the State of Turkish Republic.
15.Soru
Which of the following is NOT one of the Principal United Nations Human Rights Convention?
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Convention on the Prevention and Punishment of the Crime of Genocide |
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International Convention on the Elimination of all Forms of Racial Discrimination |
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Convention relating to the Status of Refugees |
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Convention on the Privileges and Immunities of the United Nations |
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Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity |
Of all the conventions cited above, only one is not related with any kind of human rights. Convention on the Privileges and Immunities of United Nations regard the rights that United Nations have, not those owned by regular people. Thus the correct answer is D.
16.Soru
Which one of the following statements is false regard to judicial review of administration?
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The District Administrative Courts are the appellate courts for the judgments rendered by administrative and tax courts. |
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The Council of State is the highest administrative court in the organization of administrative courts according to the article 155 of the Constitution. |
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Law on the Procedure of Administrative Justice introduces "Action for Annulment" as sole remedy for disputes arising under Administrative Law. |
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The Administrative and Tax Courts are courts of first instance with general jurisdiction. |
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Action for annulment concerning administrative acts brought by persons whose interests is adversely effected by an administrative act alleged to be unlawful as regards to its components of competence, form, reason, subject and intention. |
Law on the Procedure of Administrative Justice introduces two types of remedies for disputes arising under Administrative Law; one being “action for annulment” and other being “full remedy action”.
17.Soru
Which one is the authorized organ of the Turkey to make statutes?
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The constitutional court |
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The parliement |
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The appeal court |
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Prime ministery |
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Judges |
Turkey is a state that strict to the Civil law system and in çivil law system parliements maket he law.
18.Soru
When can we date transnational NGOs back to?
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The end of Word War Two following the Holocaust |
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The nineteenth century and anti-slavery campaigners |
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The civil rigts movement under Dr Martin Luther King |
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The end of the Cold War |
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None of the options given are correct |
we can back to transnational NGOs The nineteenth century and anti-slavery campaigners
19.Soru
Which of the followings is one of the methods of interpretations in Common Law?
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Historical Interpretation. |
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Textual (Literal) Interpretation. |
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Teleological Interpretation. |
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The Literal Rule. |
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Systematic Interpretation. |
The literal rule is one of the methpds in Common law, whereas the others are of civil law. Therefore, the correct answer is D.
20.Soru
Which article of Turkish Constitution secures the rule of law?
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Article 1. |
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Article 2. |
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Article 3. |
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Article 4. |
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Article 6. |
Article 2 of the Constitution with a heading of “characteristics of the Republic” states that the Republic of Turkey is governed by the rule of law. Therefore, the correct answer is B.
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