Introduction to Law Final 1. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following is a general jurisdiction court?
Labor Court |
Civil Court of Peace |
Consumer Court |
Family Court |
Commercial Court |
Civil courts of first instance, which are the courts that resolve disputes initially, are established
as either general jurisdiction courts or specialized courts. General jurisdiction courts are established with the Law regarding Establishment, Jurisdiction and Powers of Civil and Criminal Courts of First Instance and Circuit Courts of Appeals (no. 5235),and they are comprised of civil courts of general jurisdiction (asliye hukuk mahkemeleri) and civil courts of peace (sulh hukuk mahkemeleri).
2.Soru
I. Plots against life, grave assaults and insults,
II. Desertion,
III. Adultery,
IV. Mental illness,
V. Alimony.
Which ones listed above are among the grounds for divorce?
Only I. |
I, II & III. |
Only III. |
Only V. |
I, II, III & IV. |
According to the Civil Code, there are five specific grounds for divorce: 1. Adultery 2. Plots against life, grave assaults and insults 3. Crime and dishonorable life 4. Desertion 5. Mental illness. Alimony is not one of them. Therefore, the corret option is E.
3.Soru
Which of the following is the definition of "participation in the acquired property" as a matrimonial property system?
Each spouse should contribute to the economic burdens of family life; these contributions can be regulated by a personal agreement. |
The spouses have a right to change their matrimonial property regime by making a marital agreement any time during their marriage. |
Unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end. |
Individual assets or certain type of assets may be declared joint property or separate property. |
Failing any evidence to the contrary, movables shall be deemed part of the community property. |
In Turkey, if spouses do not make a choice, they will automatically be subject to the legal matrimonial property system, which is "participation in the acquired property". Unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end with whatever reason. The concept of acquired property is important. According to article 219 of the Civil Code, acquired property comprises the assets which a spouse has required for valuable consideration during the matrimonial property regime.
The correct answer is C.
4.Soru
Which one is not subtype of contractual freedom?
Freedom to enter into a conract |
Freedom to chose the other party of conract |
Freedom of form |
Freedom to withdraw a contract |
Freedom to to terminate the contract every time you want |
Freedom to to terminate the contract every time you want is not subtype of contractual freedom.
5.Soru
Which of the following is a specialized court in civil judiciary?
Constitutional Court |
State Security Court |
Compulsory Enforcement Court |
Criminal Court |
Administrative Court |
Specialized courts are the courts established by various statutes and they have jurisdiction in actions with the specific subject matter they are established for. There are seven specialized courts in civil judiciary:
(1) Cadastral courts
(2) Labor courts
(3) Compulsory enforcement courts
(4) Consumer courts
(5) Civil Courts of Intellectual and industrial
property rights
(6) Family courts
(7) Commercial courts
6.Soru
Which of the following is not a requisite for a person to have tortuous liability?
Criminal intent |
Act |
Unlawfullness |
Fault |
Damage |
For a person to have tortuous liability, the following requisites should be met:
1. Act: First of all, there must be an act. It may be a positive act (for example, to
stab another person) or an act of omission (for example, a night nurse sleeping and not giving the medicine and care to the patients).
2. Unlawfulness: Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/ or property.
3. Fault (culpa): Fault is either a willful act or a negligent act. A person cannot have fault, as a rule, unless he/she has the ability to make fait judgments. A willful act is an act in which the person committing the act knows the results of the act and actually to achieve these results. A negligent act is an act, and the person committing it or could have known the results if she was careful enough, but actually does not want the result, however does not take care to prevent it.
If there is a crimal, there is fault, but the criminal intent does not cover all the cases of fault; There are also faults that are not criminal.
4. Damage: It is the loss either given to a person or to his property or both. A person
claiming damages must prove the loss he/ she is suffering from. There are two main types of damages; material damage and immaterial (moral) damage.
5. Proximate causal relation: There must be a proximate causal relation between the unlawful act and the damages. In other words, the damage should be result of the unlawful act.
7.Soru
Which of the following type of companies must have a General Assembly, a Board of Directors and Statutory Auditors to function?
Joint stock company |
Limited liability company |
Cooperative company |
Collective company |
Commandite company |
A joint stock company must have the following three organs to function: a General Assembly as the decision-making organ, a Board of Directors that represents the corporation, and Statutory Auditors that perform internal and external auditing of the corporation.
The correct answer is A.
8.Soru
“The Code of Obligations is composed of …….parts.”
Fill the blank with correct number?
2 |
3 |
4 |
5 |
6 |
Code of Obligations includes general part and the specific types of contracts part. So the answer is 2.
9.Soru
Which one is not one of specialized courts in Turkey?
Family court |
Labor court |
Consumer court |
Technology court |
Cadastral court |
All choices except D, exist in Turkish juridicial system.
10.Soru
Which of the followings is not one of the five different types of sub-freedoms of contractual freedom?
Freedom of form. |
Freedom to enter into a contract. |
Freedom to withdraw a contract. |
Freedom to annul a contract. |
Freedom to choose the other party of a contract. |
Contractual freedom may be summarized as five different types of sub-freedoms: 1. Freedom to enter into a contract 2. Freedom to choose the other party of a contract 3. Freedom of form 4. Freedom to withdraw a contract 5. Freedom to choose the type and subjectmatter of a contract. Therefore, the correct option is D.
11.Soru
Which one of the below is not a sub-branch of civil law?
Law of obligations |
Law of persons |
Law of property |
Law of State |
Family Law |
There are five main sub branches of civil law;
1. Law of persons
2. Family law
3. Law of Succession
4. Law of Property
5. Law of obligations
12.Soru
"Damages are recoverable only if there is fault on the part of the person who has committed unfair competition subject to the general rules on tort. Damages may be material and, in exceptional cases, immaterial. Accordingly there must be damage or loss of profits suffered by the plaintiff and an adequate relation of causality between the act and damages (or loss) and in any case the plaintiff claiming compensation has to prove damages."
Which of the following type of legal action to be taken in case of unfair competition is defined above?
Action for damages |
Action for restitution of the unlawful situation |
Action for declaratory relief |
Injunction |
Precautionary measures |
Damages are recoverable only if there is fault on the part of the person who has committed unfair competition subject to the general rules on tort. Damages may be material and, in exceptional cases, immaterial. Accordingly there must be damage or loss of profitssuffered by the plaintiff and an adequate relation of causality between the act and damages (or loss) and in any case the plaintiff claiming compensation has to prove damages.
The kind of civil action allowed for unfair competition depends on the existence of fault by the person committing unfair competition. In cases where there is no fault, one can only bring actions for declaratory relief, prohibitory actions, or for the restitution of an unlawful situation. But if fault exists, in addition to those causes of action already cited, actions to recover material and/or immaterial damages are allowed and the court may order for the claimant “the equivalent of what the defendant may have obtained if there had not been unfair competition”.
The correct answer is A.
13.Soru
Which of the followings is not one of the new issues introduced by the new Turkish Commercial Law?
Internal and independent audit. |
Creation of web sites. |
Access rights of information. |
Commercial, financial and capital markets. |
Corporate governance. |
Commercial, financial and capital markets are not among the new issues. Therefore, the correct option is D.
14.Soru
"A person who is injured or is in danger of suffering damages can ask for a judgement on the “unfairness” of the act. The unfairness of competition and existence of damages - if any - are to be proved by the claimant under the general rules of tort and law of civil litigation procedure. The purpose of the action is generally to ascertain a legal ground for a future action for damages, indirectly to prevent damage from acts of unfair competition or to stop the running of the statue of limitations."
Which of the following legal actions is defined above?
Precautionary measure |
Action for restitution |
Action for damages |
Action for declaratory relief |
Termination |
The Turkish Commercial Code specifies the legal actions that one can file in cases of unfair competition. One of them is the action for declaratory relief, which advises that a person who is injured or is in danger of suffering damages can ask for a judgement on the “unfairness” of the act. The correct answer is D.
15.Soru
Who carries out the admistrative work in courts in Turkey?
The administrative office of the court |
Lawyer |
Attorney |
Judge |
Stenographer |
The administrative office of the court does the job.
16.Soru
I. Simple composition agreement
II.Composition in bankruptcy
III.Composition by way of abandonment
Which of the above is/are (a) type(s) of composition agreements?
Only I |
Only II |
Only III |
I and II |
I, II and III |
If a debtor becomes insolvent, in order to avoid or escape bankruptcy, she may resort to
composition agreements. Even if the debtor is not eligible for bankruptcy, she may resort to
composition agreement. Composition agreements are debt restructuring agreements between the
debtor and her creditors.
There are three types of composition agreements:
(1) Simple composition agreement
(2) Composition in bankruptcy
(3) Composition by way of abandonment
17.Soru
When does the personality of a real person start?
With fertilization |
When the fetus is 3 months old |
When the fetus is 6 months old |
With healthy birth |
When the person is 18 years old |
The personality of a real person begins with birth. According to article 28 of the Civil Code:“Personality right begins on the birth of the living child.
18.Soru
Which of the following are the most common forms of alternative dispute resolution used in Turkey?
Voluntariness and agreement |
Court hearing and negotiation |
Conciliation and mediation |
Facilitation and consulting |
Ombudsman and consultant |
Alternative dispute resolution methods are means for the parties of the dispute to resolve the dispute among them rather than resorting to litigation mostly involving a neutral and independent third party. There are a number of institutional ADR methods implemented in civil procedure. ADR methods in currently implemented in Turkey may be divided into two broad categories, which are conciliation (uzlaştırma) and mediation (arabuluculuk). Conciliation power of the lawyers set out by the Law of Lawyers is the most important example of conciliation; and the Law on Mediation in Civil Disputes numbered 6235 (LMCD) is the Statute that regulates institutional mediation in Turkey. The correct answer is C.
19.Soru
Which one is not one of statutory sources of civil procedure law?
Turkish Code of Civil Procedure |
Code of International Arbitration |
The Law of Lawyers |
The Law of Judges and Public Prosecutors |
Court of Cassation (CoC) opinions |
Court opinions are not statutes and they are secondary sources of civil procedure law.
20.Soru
How many specialized courts are there in civil judiciary?
6 |
7 |
8 |
9 |
11 |
There are seven specialized courts in civil judiciary: (1) Cadastral courts (2) Labor courts (3) Compulsory enforcement courts (4) Consumer courts (5) Civil Courts of Intellectual and industrial property rights (6) Family courts (7) Commercial courts. Therefore, the correct option is B.
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