Introduction to Law Ara 6. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following is non-binding instrument in European Union Law?
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Resolution |
|
Regulation |
|
Directive |
|
Decision |
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Constitutive Treaty |
Laws of EU in terms of their binding force can be classified as follows:
1. Binding legal instruments (regulations, directives and decision)
2. Non-binding instruments (resolutions, opinions)
2.Soru
Which of the following one was the first constitutionlike document in order to limit powers of rulers?
|
Tanzimat Fermanı |
|
Islahat Fermanı |
|
Senedi İttifak |
|
Kanuni esasi |
|
The Constitution of 1924 |
Kanuni Esasi (1876) was the first constitutionlike document in order to limit powers of rulers.
3.Soru
Although amended highly, which Turkish Constitution is still in force today?
|
1924 |
|
1961 |
|
1971 |
|
1980 |
|
1982 |
The Constitution of 1982 is the current constitution of the State of Turkish Republic. Therefore, the correct answer is E.
4.Soru
"A Turkish woman started her professional career and made business network with her maiden name. She couldn’t use her maiden name at official documents after her marriage. The case she filed at national courts rejected on the basis of Article 153 of the Civil Code, which prescribed that married women must use her husband’s surname after getting married. Referred article amended afterwards and married women acquired the right to use her maiden name beside her husband’s surname; however, the applicant preferred to use her surname merely."
Which of the following articles in the European Convention on Human Rights does this applicant refer to?
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Freedom of thought |
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Freedom of expression |
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Prohibition of discrimination |
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Freedom of assembly and association |
|
Right to a fair trial |
The applicant complained that the authorities had refused to allow her to bear only her own surname after her marriage whereas Turkish law allowed married men to bear their own surname. She submitted that this resulted in discrimination on grounds of sex in accordance with Article 14 - Prohibition of discrimination:
"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
The correct answer is C.
5.Soru
I. The American Convention on Human Rights (1969),
II. The Inter-American Convention on Prevent and Punish Torture (1985),
III. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987),
IV. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994),
V. The Framework Convention for the Protection of National Minorities (1995).
Which one(s) of the conventions listed above is/are regional conventions?
|
I, II & III. |
|
I, II, III & IV. |
|
I, II, III, IV & V. |
|
Only V. |
|
I & IV. |
Alll of them are regional conventions. Therefore, the correct answer is C.
6.Soru
"Judges’ conduct must be consistent with the high moral character, which is a criterion for judicial office. They should be mindful at all times of their duty to uphold the standing and reputation of the Court."
Which of the following refers to the ethical standard about judges defined above?
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Integrity |
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Independence |
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Impartiality |
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Equality |
|
Jurisdiction |
The European Court of Human Rights, to which Turkey is a state party, adopted in 2008 a resolution on judicial ethics. Integrity is one of the standards brought by the Court together with independence and impartiality. Integrity requires that judges' conduct must be consistent with the high moral character. They should be mindful at all times of their duty to uphold the standing and reputation of the Court.
The correct answer is A.
7.Soru
Which of the following one is an example of Local Administrations?
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Provincial |
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Province |
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Ministry |
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Council of State |
|
National Security Council |
Province, Municipality and Village are Local Administrations in the Turkish Administrative Law.
8.Soru
For the resolution of further cases- the syllogism provides a working guide for the judges, the litigants and their legal advisers.
According to this sentence, which function of legal syllogism can be expressed?
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Rationality |
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Certainty |
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Justification |
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Arbitrariness |
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Guidance |
In general, the legal methodology, particularly the judicial syllogism, serve a number of essential functions which are outlined. Guidance is one of the fuctions that means "for the resolution of further cases- the syllogism provides a working guide for the judges, the litigants and their legal advisers"
9.Soru
Which of the following is 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?
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Action for annulment |
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Full remedy action |
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Action for damages |
|
Liability claim |
|
Action for tort |
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.
10.Soru
Which of the following argument-types is related to analogy?
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Audi alteram partem |
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Interpretatio cessat in claris |
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Cessante ratione legis cessat ipsa lex |
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Argumenta e contrario |
|
Reductio ad absurdum |
Most important argument types related to analogy are:
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus
11.Soru
Which of the followings is not among the characteristics of an ideal jurist?
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Courage to ask and answer questions |
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Objectivity. |
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Judgmental reticence. |
|
Strong biased opinions. |
|
Sympathy for people and their behaviors. |
Biased opinions refer to prejudices in cultural and sociological level. Therefore, the correct answer is E.
12.Soru
Which is the main body of Central Departments?
|
Governor |
|
Council of State |
|
Sub-province Governor |
|
Ministries |
|
President of State |
Central administration is where the public power is unified and exercised throughout thev country. Ministries are the main body of Central Departments.
13.Soru
Which one of these law definitions contains the most significant elements?
|
Law is a set of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the courts |
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What the ruling part of the state enacts after considering what ought to be done, is called the law. |
|
Law is the highest reason, implanted in nature, which commands what ought to be done and prohibits the contrary. |
|
Law is a define statement according to a common agreement of the state giving warning how everything ought to be done. |
|
Law is the expression of the general will. |
It is hard to provide an all-encompassing or agreeable definition of law, but a standart definition that contains the most significant elements would read as follows: "law is a set of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the courts.".
14.Soru
Which protocol includes “right to property” ?
|
1 |
|
2 |
|
3 |
|
4 |
|
5 |
Right to property takes place in the number 1 protocol of the European Convention on Human Rights.
15.Soru
Which of the following terms refers to "a logical deduction or series of logical deductions drawn from pre-existing premises"?
|
Judicial syllogism |
|
Analogy |
|
Argumenta a fortiori |
|
Legal reasoning |
|
Socratic pedagogy |
There are two basic tools of legal reasoning - deduction and analogy. 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. The method of finding law based upon deductive reasoning means subsuming a case under a legal rule. It is called syllogism.
The correct answer is A.
16.Soru
When was the Constitution currently used in Turkey adopted?
|
1876 |
|
1924 |
|
1961 |
|
1982 |
|
2017 |
The Constitution of 1982 is the current constitution of the State of Turkish Republic.
The correct answer is D.
17.Soru
Which law is not belong to religious legal traditions?
|
Sharia Law |
|
Roman Law |
|
Canon Law |
|
Talmudic Law |
|
Hindu Law |
Religious law is a term of art which is employed to denote a legal system based upon or inspired by a particular religion.
Major religious legal traditions of the world are:
• Islamic Law (Sharia Law)
• Canon Law
• Jewish Law (Talmudic Law)
• Hindu Law
18.Soru
Which of the following instruments was adopted by the United Nations to ensure that individuals live a decent life and fulfill their essential needs?
|
International Covenant on Civil and Political Rights |
|
International Covenant on Economic, Social, and Cultural Rights |
|
International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families |
|
International Convention for the Protection of All Persons from Enforced Disappearance |
|
Convention on the Rights of Persons with Disabilities |
The United Nations adopted several covenants and conventions to codify human rights standards. One of these instruments, the International Covenant on Economic, Social, and Cultural Rights, aims to ensure that all individuals have a decent life and meet their essential needs.
The correct answer is B.
19.Soru
Which of the following information is not correct about the European Court of Human Rights (ECHR)?
|
The scope of the jurisdiction of the ECHR covers violations of the European Convention on Human Rights. |
|
The ECHR accepts only applications made by states. |
|
The Parliamentary Assembly of the Council of Europe elects judges from a list of three candidates presented by each member state. |
|
If an application is declared inadmissible by the ECHR, no further examination would be made on merits of the application. |
|
Composition of the ECHR may vary for different cases |
There are two types of applications that could be brought before the European Court of Human Rights against member state(s) to the European Convention on Human Rights:
-
individual applications brought by anindividual, group of individuals, non governmental organizations and companies
-
inter-state applications brought by state(s)
Thus, both individuals and states can apply to the ECHR.
The correct answer is B.
20.Soru
I. Laws,
II. Decrees,
III. Decisions of the Council of State,
III. Procedures of the Grand National Assembly.
Which one(s) of the above-listed items does Constitutional Court examine the constitutionality in respect of both form and substance?
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I, II & III. |
|
I, II, III & IV. |
|
Only IV. |
|
I, II & IV. |
|
Only III. |
The Constitutional Court shall examine the constitutionality, in respect of both form and substance, of laws, decrees having the force of law and the Rules of Procedure of the Grand National Assembly of Turkey, and decide on individual applications. Therefore, the correct answer is D.
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