Introduction to Law Ara 8. Deneme Sınavı
Toplam 20 Soru1.Soru
I. Legislative,
II. Executive,
III. Judiciary,
IV. Caliphate.
According to the Constitution of 1924, the first constitution of the Turkish Republic, which powers listed above were given to National Assembly?
Only II. |
II & III. |
Only III. |
I & II. |
I, II & IV. |
The Constitution of 1924 consisted of principles for both assembly government and parliamentary system at the same time. Sovereign powers of the nation –legislative and executive– were vested in the Grand National Assembly. Therefore, the correct answer is D.
2.Soru
“…….is, in a sense, a judicial law-making.”
Fill the blank with correct word?
Interpretation |
Analogy |
Gap filling |
Induction |
Case law |
Because gap filling also known as judge made law. Judge creates a new rule about the case in hand.
3.Soru
Which is one of the following characteristics does belong to a good jurist?
Not interested in the social and ethical dimensions of law |
Partiality |
Judgmental reticence |
A sense of hatred |
Shyness to ask |
One can list the characteristics of a good jurist as follows:
• A sense of justice;
• Judgmental reticence;
• Feeling for and interest in the social and ethical
dimensions of law;
• Sympathy for people and their behaviors;
• Empathy;
• Objectivity and a sense of the different characteristics of the various fields of law and their roles in the state and courage to ask and answer questions.
4.Soru
What does mean of "lex specialis derogat legi generali"?
Rule shall be applied if a new rule comes into conflict with a preexisting rule. |
A legal order based on a hierarchy among legal norms. |
The problem of a conflict between a specific anda more general rule is dealt with. |
The reason or a law ceasing, the law itself ceases. |
One has to exclude that meaning of a norm which would bring about ‘absurd’ effects. |
The applicability of the lex superior principle requires a legal order based on a hierarchy among legal norms. As you may remember the hierarchy of norms in the Turkish law explained in the first chapter, the constitution sits at the apex of the hierarchy of norms. That is, if a conflict arises between a provision of the constitution and a statute, the constitution shall prevail in accordance with the lex superior principle.
5.Soru
Which of the following options provides top-down hierarchy of laws in Turkey correctly?
International treaties-Constitution-Codes and Statutes-Regulations-By-laws |
Regulations-Codes and Statutes-Constitution-By-laws-International treaties |
Constitution-Regulations-Codes and Statutes-Regulations-By-laws-International treaties |
Constitution-International treaties-Codes and Statutes-Regulations-By-laws |
International treaties-Constitution-Regulations-By-laws-Codes and Statutes |
Turkish legal system is based on the hierarchy of norms. The sources of the Turkish law ordered in a top-down hierarchy are as follows:
- The Constitution
- International treaties
- Statutes
- Decrees with the effect of law
- Regulations
- By-laws
- Customary law
- Judicial decisions
The correct answer is D.
6.Soru
Which type of interpretation does look at 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?
Systematic Interpretation |
Historical Interpretation |
Teleological Interpretation |
Textual Interpretation |
Literal Interpretation |
Systematic interpretation looks at 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.
7.Soru
I. Unwritten
II. Based on codes
III. Case law, as a rule, does not have binding force on other courts.
IV. No jury system
Which of the characteristics above fits for ‘civil law tradition’?
I – II – III |
I – III – IV |
I – II – IV |
II – III – IV |
I – II – III – IV |
Civil law tradition is written and based on codes. In this tradition, case law does not have binding force on other courts and there is no jury system. So clause (I) is wrong. The correct answer is D.
8.Soru
I. Universal,
II. Class-conscious,
III. Inalienable,
IV. Autonomous,
V. Equal.
Which principle(s) listed above is/are of human rights?
I, II & III. |
Only I. |
I, III & V. |
I, III, IV & V. |
Only V. |
Human rights are universal rights, which are equal, inalienable, indivisible, interdependent and inherent to human being. Therefore, the correct answer is C.
9.Soru
What is separation of powers?
Vesting of powers of State in different bodies. |
Division of military forces adequately. |
Superiority of legal institutions over administration. |
The power to issue acts and bills. |
The administrative power of the government. |
Separation of powers refers to the vesting of powers of State in different bodies as legislative, executive and judiciary. therefore, the correct answer is A.
10.Soru
How many organizations Central Administration of Turkey has?
2 |
3 |
4 |
5 |
10 |
It has 2 organizations: Central organization and provincial organization.
11.Soru
- It must have been existed for a long time.
- It must have been followed continuously.
- It cannot be abondened and interrupted.
- It must be reasonable in nature.
What is the source of law whose requirements are stated above?
Customary law |
Case law |
Regulation |
International treaties |
Judicial decisions |
Customary law is an unwritten source of law which is established by or based on the customs and practices in a society. A certain practice could be regarded as law if the all requirements given in the question are cumulatively met. The correct answer is A.
12.Soru
Which one of the followings concerning rules is true?
Sanctions for civil wrongs are primarily fine. |
Sanctions of law are not by no means limited to the law of compensation. |
If a person is found guilty of a crime, the result would be imprisonment or a fine. |
Criminal offences, indeed, in most cases do not deserve the harshest sanctions that exist ina legal system. |
Grave offences like intentional killing shall be punished by compensation. |
Most serious sanctions in any legal system are contained in criminal law which forbids certain activities, i.e. crimes, offences. If a person is found guilty of a crime, the result would be imprisonment or a fine. Furthermore, criminal law may intervene even before a court reaches a decision, say, by arresting a suspect or through confiscation.
13.Soru
Analogy is an extension of the scope of a norm to be applied. Yet the purpose of a statute may sometimes prohibit analogical reasoning. In such cases, the argument of reduction may come into play.
Which of the following can it be called?
Teleological reduction |
Argumenta a fortiori |
Historical reduction |
Systematic reduction |
Textual reduction |
Analogy is an extension of the scope of a norm to be applied. Yet the purpose of a statute may sometimes prohibit analogical reasoning. In such cases, the argument of reduction may come into play, which is called teleological reduction.
14.Soru
“…..requires an investigation into the semantic content and the syntactic structure of a provision.”
Fill the blank with correct word?
Literal interpretation |
Historical interpretation |
Interpretation of contracts |
Argumento contrario |
Analogy |
Correct fit for the blank is literal interpretation.
15.Soru
Which one of below is not one of the functions of judicial syllogism?
Rationality |
Tradition |
Certainty |
Justification |
Guidance |
Tradition is not one of them.
16.Soru
Which is issued for indicating the implementation of laws or designating the matters ordered by law?
By-law |
Regulation |
Decree with the effect of law |
Statute |
Constitution |
As a form of delegated legislation, regulations provide details on the administration of principles in law. Regulations are issued for indicating the implementation of laws or designating the matters ordered by law.
17.Soru
Which one of the followings about justice is false?
Aristotle distinguishes between corrective justice, on the one hand, and distributive justice, on the other. |
The ancient principlelex talionis meaning ‘an eye for an eye, a tooth for a tooth’ is an expression of corrective justice. |
Corrective justice, in simple terms, is the justice of courts, which seeks to remedy and redress of crimes or civil wrongs.v |
The second prong of the Aristotelian conception of justice is distributive justice, which concerns giving each according to his desert or merit in the best interest of society. |
Distributive justice is not about distribution of goods, benefits, and burdens in society. |
The second prong of the Aristotelian conception of justice is distributive justice, which concerns giving each according to his desert or merit in the best interest of society. In essence, distributive justice means that political office or money to be apportioned in accordance with merit. Distributive justice concerns the just distribution of goods, benefits, and burdens in society.
18.Soru
---------------------------------- is "an extraordinary legal remedy to be used before the constitutional court after exhaustion of ordinary legal remedies, and granted for the individuals, whose fundamental rights and freedoms guaranteed both by the Constitution and the ECHR, were alleged to be violated by public acts, actions or negligence.”
Which of the following fills in the blank in the above paragraph?
Individual application to the Constitutional Court |
Law on Establishment and Judicial Procedures of the Constitutional Court |
Decision of the High Council of Judges and Prosecutors |
Legislative decree |
Exhaustion of legal remedies |
There is no clear definition of the individualapplication in constitution and in the Law No 6216.In doctrine individual application is defined as
“an extraordinary legal remedy to be used before the constitutional court after exhaustion of ordinary legal remedies, and granted for the individuals, whose fundamental rights and freedoms guaranteed both by the Constitution and the ECHR, were alleged to be violated by public acts, actions or negligence.”
The correct answer is A.
19.Soru
Which one of below is used in every legal system?
Judicial syllogism |
Induction |
Rationality |
Analogy |
Argument |
The answer is analogy. Others are irrelevant except judicial syllogism. But it is used mostly in Civil law.
20.Soru
In which of the following cases can an individual make a direct application to the Constitutional Court?
Violation of fundamental rights by public force |
Legislative transactions |
Regulatory administrative transactions |
Rulings of the Constitutional Court |
Transactions excluded from judicial review by the Constitution |
“Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.”
Regarding individual application, while the Constitution stipulates “violation by public authorities”, the Law No 6216 article 45/3 restricts public authority acts and states:
“Individual applications cannot be made directly against legislative transactions and regulatory administrative transactions and similarly, the rulings of the Constitutional Court and transactions that have been excluded from judicial review by the Constitution cannot be subject of individual application.”
The correct answer is A.
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