Introduction to Law Final 13. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the followings cannot be described as ‘one of the objektives of Criminal law’?
To enforce moral values |
To punish people who are about to commit a crime |
To protect the public from harm |
To preserve order |
To educate people about appropriate conduct and behavior |
Punishment comes up when the criminal proceeding is completed and the sentence is given. So first of all, a crime should be committed. Punishing people who are about to commit a crime is not one of the objektives of Criminal law. The correct answer is B.
2.Soru
What does "res judicata" mean in a trial?
An unappealable decision made in order to resume an action |
A procedural decision that allows the action to be filed again. |
A situation where the action can not be given judgement |
A judgement that renders the dispute unappealable |
A decision declaring the subject matter of the action has perished |
An unappealable decision made in order to resume an action is an interlocutory decision.
Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again.
Final decisions of the court are generally categorized into three categories, which are
(1) procedural final decisions (or dismissal of the action on procedural grounds),
(2) the judgment (hüküm) (ruling on the merits),
(3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment).
Judgments resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on
the matter.
3.Soru
What kind of specialized courts must employ a full-time psychologist?
Labor courts |
Compulsory enforcement courts |
Consumer courts |
Family courts |
Civil Courts of Intellectual and industrial property rights |
All family courts must employ a full time psychologist, a pedagogue and a social work specialist to assist the court.
4.Soru
How many days does the debtor has to respond after the payment order is served?
10 days |
14 days |
15 days |
5 days |
7 days |
After the payment order is served, the debtor has 7 days to respond.
5.Soru
Which of the following elements occurs when a person discharges, due to recklessness, waste that may cause the alteration of the natural characteristics of plants or animals, enhance or create infertility or cause an incurable illness in humans and animals?
Criminal attempt |
Negligence |
Intention |
Voluntary act |
Omission |
Negligence is punishable only when the statute specifically includes liability fornegligence. According to Article 22 of the TPC, negligence is the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence.
The act defined in the question refers to recklessness of the perpetrator. Thus, the conduct is a crime due to negligence.
The correct answer is B.
6.Soru
Which of the following is a non-corporate form of companies?
Joint Stock Company |
Limited Liability Company |
Cooperative Company |
Collective Company |
Joint Venture |
TCC provides an exhaustive list of type of companies. The types of companies listed in the
TCC may be grouped as corporate and non-corporate forms of companies.
a. Corporate forms of companies
• Joint Stock Company
• Limited Liability Company
• Cooperative Company (Cooperatives)
b. Non-corporate forms of companies
• Collective Company
• Commandite Company
Joint venture is not a form of company, but a business or project in which two or more companies or individuals have invested, with the intention of working together.
7.Soru
Which one of the followings about law systems is false?
In civil law system, primary source of law is legislation. |
The common law is essentially unwritten,but recently legislation has started to play a more significant role among the sources of law in the common law jurisdictions too. |
In civil law system, based predominantly on codes and statutes. |
The common law is casuistic: components of the legal body are abstract norms, rather than cases. |
The doctrine of precedent is the supremeprinciple of the common law. |
The common law is casuistic: componentsof the legal body are cases, rather than abstract norms. It is, therefore, no surprise that legal education in the common law jurisdictions based on “reading cases”.
8.Soru
Who is the chief executive of the province and is responsible for the coordination and cooperation of government authorities within the province?
President |
Minister |
Deputy minister |
Sub-governoor |
Governor |
The person defined above is the governor.
9.Soru
Which of the following excuses applies to a person who commits an offense under the influence of alcohol or drug he consumed involuntarily?
Coercion |
Provocation |
Intoxication |
Mistake of law |
Infancy |
If the perpetrator who is under the thumb of involuntary consumption of alcohol or drugs at the time of committing a crime, is assumed that he/she is unable to comprehend the legal meaning and consequences of the act or perpetrator’s ability to control his/her behaviour regarding such act was significant diminished, shall not be subject to a penalty. Under the TPC, only involuntary intoxication may, under certain circumstances as aforementioned, preclude the perpetrator’s criminal responsibility.
The correct answer is C.
10.Soru
Which of the following information about the formation of a contact is not true?
To make a contract there is a need for two mutually declared intentions. |
An offer, until it is terminated, gives the offeree a continuing power to create a contract by declaring an acceptance. |
A contractual offer must be made in the offeree’s physical presence. |
An acceptance is a declaration of intention to agree to the terms of the offer. |
If all its elements are complete, a contract takes effect at the moment it is concluded. |
A contract is a legal transaction concluded by a mutual exchange of assents of two or more persons. Therefore, for the formation of a contract there is a need for two mutually declared intentions - offer and acceptance. An offer is a declaration of intention by one party, known as the offeror, whereby he expresses his willingness to enter into a contract. An offer, until it is terminated, gives the offeree a continuing power to create a contract by declaring an acceptance. An acceptance is a declaration of intention to agree to the terms of the offer. If all its elements are complete, a contract takes effect at the moment it is concluded.
The offeror does not have to set a time limit. If no time limit is set, then the Code of Obligations makes a distinction between the parties who are present and who are absent. Where an offer is made in the offeree’s presence and no time limit for acceptance is set, it is no longer binding on the offeror unless the offeree accepts it immediately. Offers declared by telephone, computer or other communication tools, on the condition that the parties understand and respond simultaneously, are considered to be made in the offeree’s presence. Thus, physical presence is not required for a contractual offer.
The correct answer is C.
11.Soru
Which of the following is the first legislation on the protection of competition in Turkey?
Law No. 6502 on Consumer Protection |
Law No. 6769 on Industrial Property |
Law No. 6015 on the Surveillance and Supervision of State Aids |
Law No. 3577 on the Elimination of Unfair Competition in Imports |
Law No. 4054 on the Protection of Competition |
Law No. 4054 on the Protection of Competition (Competition Law) adopted by the Turkish Parliament on December 7, 1994 is the first legislation in Turkey on the protection of competition, and regulates anti-competitive behavior of enterprises. The very first and direct concern of competition is not to protect the consumer directly like consumer protection laws, but to maintain a workable competition in the markets and avoid those trade practices which restrict competition and thus avoid lessening consumer welfare. The correct answer is E.
12.Soru
Which of the following is not one of the primary sources of the Islamic law?
Qiyas |
Jima |
Sunnah |
Al Quran |
Masalih al-Mursalah |
The concepts given in the first four options are primary sources of law. Quran is divine revelation that contains basic, and at times, detailed rules of law. Sunnah is the tradition of the Prophet comprised of his sayings, practices, and tacit approvals. Ijma is the unanimous decision of the Muslim scholars. Qiyas or analogy refers to the comparison of a case not covered by the text with a case covered by the text on account of their common value in order to apply the law of the one to the other.
Masalih al-Mursalah, which refers to the consideration of public interest, is one of the secondary sources of the Islamic law.
the correct answer is E.
13.Soru
Which of the following is the specific contract that parties (shareholders/partners) establishing a company concludes?
Articles of Association |
Joint Stock Company Agreement |
Commercial Agreement |
Employment Agreement |
Establishment Agreement |
The parties (shareholders/partners) establishing a company enter into a contract titled “Articles of Association (AoA)”. Articles of Association of a company must be in a written form and should bear the signatures of all the shareholders, authenticated by notary public. AoA specifies detailed information about the company, including headquarters and corporate title, objectives, capital, number of shares and terms of payment, special privileges, and rules of general assembly meetings. The correct answer is A.
14.Soru
Which of the following legal persons is regulated in the Civil Code?
Municipalities |
Associations |
Public corporate bodies |
Limited partnership |
Limited liability company |
Legal persons are mainly regulated in the Civil Code. Apart from these general natured provisions, two of the legal persons are also regulated, namely associations (societies) and foundations. So associations (societies) are regulated in the Civil Code. The correct answer is B.
15.Soru
When was the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations?
December 24th, 1947. |
December 10th, 1948. |
April 23rd, 1950. |
March 23rd, 1951. |
July 4th, 1955. |
The General Assembly of the United Nations adopted the Universal Declaration of Human Rights on December 10th, 1948. Therefore, the correct answer is B.
16.Soru
I. Contracts
II.Torts
III.Unjust Enrichment
Which of the above is/are (a) source(s) obligation(s) according to the Turkish Code of Obligations?
Only I |
Only II |
Only III |
I and II |
I, II and III |
According to Turkish Code of Obligations, there are three sources of obligations. These are:
1. Contracts
2. Torts
3. Unjust Enrichment
It should be mentioned that these sources are not limited in number. These are the sources that
very frequently create an obligation, but besides them, there are other sources as well. For example, an obligation may be created directly from the law itself.
17.Soru
Which statement about arbitration is false?
Arbitration is a dispute resolution method in which the parties choose the arbitrator (or the arbitrators) and the procedure to be followed. |
Arbitration is similar to litigation in courts as both methods determine which party is right and both render binding final decisions. |
Arbitration agreement may be made only as a clause of a contract between the |
If the arbitration agreement is not void, ineffective or impossible to |
Sole ordinary appellate remedy against the arbitration award is an action for invalidation. |
An arbitration agreement is a contract in which the parties agree on
the resolution of a part of or all present or possible future disputes arising from a contractual or noncontractual legal relationship by an arbitrator or an arbitral tribunal (art. 412). Arbitration agreement may be made as a clause of a contract between the parties or as a stand-alone contract.
18.Soru
“…….. is about determining which type of court is the proper court to resolve a claim.”
Fill the blank with correct term?
Litigation |
Venue |
Sunject-matter jurisdiction |
Commencement of action |
Answer |
Subject-matter jurisdiction of court is about the given sentence. Rules of subject-matter jurisdiction are the rules to follow in determining the proper court at a particular venue and determine the type of the court.
19.Soru
"Multiple persons may jointly file an action or an action may be filed jointly against multiple persons if the right or the obligation that is the subject matter of the action between the plaintiffs or defendants is shared upon a reason other than joint ownership."
Which of the following concepts refers to this definition?
"Multiple persons may jointly file an action or an action may be filed jointly against multiple persons if the right or the obligation that is the subject matter of the action between the plaintiffs or defendants is shared upon a reason other than joint ownership."
Which of the following concepts refers to this definition?
Capacity to litigate |
Joinder of parties |
Party representation |
Real party in interest |
Third party intervention |
Even though the number of parties is set to two in any action, each party may be comprised of multiple persons. This joinder may result from either procedural or substantive reasons. According to article 57 of the CoCP, multiple persons may jointly file an action or an action may be filed jointly against multiple persons if the right or the obligation that is the subject matter of the action between the plaintiffs or defendants is shared upon a reason other than joint ownership. This is known as the joinder of parties. The correct answer is B.
20.Soru
What is "Articles of Association"?
The law regarding shareholders |
Legal permission to start a business |
A contract signed by the founding parties |
A document for the businesses the company is working with |
A book on business partnerships |
A company is a business association formed by two or more parties who bring together their labor and/or capital to achieve common purposes of making profit and sharing profit. The parties (shareholders/partners) establishing the company enter into a contract titled “Articles of Association (AoA)”.
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