Introduction to Law Final 14. Deneme Sınavı
Toplam 20 Soru1.Soru
(1) in general comprises of two major parts. While first part of the discipline deals with individual debt recovery and is called (2), the latter deals with the creditors and assets of a debtor as a whole and is appropriately called (3).
With which of the following should the numbered places in passage above be filled?
(1) Compulsory enforcement law |
(1) Bankruptcy law |
(1) Bankruptcy law |
(1) Compulsory enforcement law |
(1) Compulsory enforcement law |
Compulsory enforcement law in general comprises of two major parts. While first part of the
discipline deals with individual debt recovery and is called individual enforcement, the latter deals with the creditors and assets of a debtor as a whole and is appropriately called collective enforcement.
2.Soru
Which one of the following is not a type of civil dispute resolution?
Settlement |
Alternative dispute resolution |
Arbitration |
Incarceration |
Litigation |
There are four broad types of (or ways for) civil dispute resolution:
(1) The parties of the dispute may resolve the dispute among themselves. This may be carried out completely out of the legal
system or within legal boundaries with an agreement called settlement.
(2) The parties may refer to an independent and neutral third party and utilize her services, which is called an alternative
dispute resolution.
(3) Parties may choose to resolve their dispute not before the court but before an independent and impartial third party. However, in this type of resolution, the third party in question is called arbitrator and the resolution itself is called arbitration. This recourse is similar to litigation in court; however, unlike the
judiciary, the parties are free to choose the arbitrator and the procedure to be followed.
(4) Of course the final and by far the most popular method to resolve disputes is litigation. Litigation is the ultimate method
in dispute resolution and according to article 36 of the Turkish Constitution, everyone has the right to assert claims and
defenses, and a fair trial, as a plaintiff or defendant before judicial tribunals through utilizing legal means and proceedings; no
court may abstain from trying an action for which it is competent with regard to subject-matter jurisdiction and venue.
Incarceration is a punishment that might be given after a trial.
3.Soru
Which one of the following is true about engagement?
The persons have to fill a legal document. |
It is a legal, actionable obligation to get married. |
Compensation for moral damage can be demanded. |
Material damage is not compensated. |
There are no laws concerning engagement. |
In Turkish Law, engagement is a very simple process without any formal requirements.
Engagement is also regarded as a contract, but it is a family law contract. Therefore, it is not possible to enforce. This important point is specially emphasized in The Civil Code by saying that, engagement does not give rise to any actionable obligation to get married.
In article 122, it is stated that if the engagement is ended, the engaged parties, their parents and the ones who were acting as their parents may demand the return of gifts made to each other. The second result is the material and moral damages resulting from the breach of the engagement should be compensated.
4.Soru
“… 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.”
Fill the blank with correct word?
Misuses |
Torts |
Violations |
Damages |
Terminations |
Damages can be recovered only if there is a fault.
5.Soru
Which one of followings concerning forms of participation is false?
As the main perpetrator of the offense, principal is usually the person who commits the actus reus. |
Joint principal is an agreement between two or more persons to behave in a shared manner that will automatically constitute an offense commited by at least one of them. |
Indirect principal refers to committing the offense through another person who conducts the criminal act. |
With regard to indirect principal the agent is not fulfilling either the actus reus or mens rea of the offense. |
P asks A, a 10-year-old child, to steal a packet of cigarettes. If she thinks that she is committing an offense, A is held criminally liable as she is under 14. |
Jurisprudence and commentators haveacknowledged the following categories with regardto indirect principal:
The agent lacks criminal capacity. Example: P asks A, a 10-year-old child, to steal a packet of cigarettes. Even if she thinks thatshe is committing an offense, A is not held criminally liable as she is under 14.
6.Soru
Which of the followings is not among the procedural requirements stated in the CoCP?
Decision of the court demanding security to be given must be fulfilled. |
Capacity to litigate must be held. |
The court must have venue in circumstances that venue is definitive. |
Turkish courts must have judicial power on the matter. |
Court does not need to have jurisdiction with respect to branch of judiciary. |
The court must have jurisdiction with respect to branch of judiciary. Therefore, the correct option is E.
7.Soru
When is the adultery removed from Turkish Penal Code?
1978 |
1988 |
1999 |
2001 |
2012 |
It was removed from the code in 1999.
8.Soru
I. An act for tortuous liability may be a positive act or an act of omission.
II. In Turkish legal system unjust enrichment is considered as a main source of obligation.
III. A claim for damages becomes time-barred one year from the date on which the injured party becomes aware of the loss or damage and of the identity of the person liable for it, but in any event five years after the date on which the loss or damage was caused.
Which of the statements given above is/are correct?
Only I |
Only II |
I – II |
I – III |
II – III |
In Turkish legal system unjust enrichment is considered as a secondary (not main) source of obligation. A claim for damages becomes time-barred two (not one) years from the date on which the injured party becomes aware of the loss or damage and of the identity of the person liable for it, but in any event ten (not five) years after the date on which the loss or damage was caused. An act for tortuous liability may be a positive act or an act of omission. The correct answer is A.
9.Soru
In which example can the perpetrator not claim "necessity"?
The harm caused was disproportionate to the harm avoided. |
There was no adequate alternative of the act. |
The act was done in order to prevent damage. |
The accused entertains objectively reasonable good faith belief. |
The accused did not contribute to the creation of an emergency. |
To prevail on a claim of necessity, the perpetrator must show the following;
• The act charged as criminal must have been done to prevent a significant damage.
• There must have been no adequate alternative to the commission of the act.
• The harm caused by the act must not be disproportionate to the harm avoided.
• The accused must entertain a good faith belief that this act was necessary to prevent greater harm.
• Such belief must be objectively reasonable under all the circumstances.
• The accused must not have substantially contributed to the creation of the emergency.
10.Soru
Which of the following is the definition of principal in criminal law?
Each person participating in the commission of an offence |
The main perpetrator of the offence, i.e. the person who commits the actus reus |
A person who encourages the commission of an offence |
A person who provides the means used for the commission of the offence |
A person who incites another person to commit an offence |
As the main perpetrator of the offence, principal is usually the person who commits the actus reus. Where more than one person is directly responsible for the actus reus, there may be more than one principal; those are known as joint principals. In general, criminal law systems distinguish three forms of principals: principal, joint principal and indirect principal. To put it another way, whoever commits an offence individually or through another person is liable as a principal. The correct answer is B.
11.Soru
“A/an ......., an act committed or omitted in violation of public law, either forbidding or commanding it.”
What is the most appropriate term for the blank given above?
Crime |
Criminal law |
Punishment |
Omission |
Tort |
There are a number of definitions concerning ‘what crime is’, the definition of Blackstone, a famous English jurist, stands out as the most remarkable and comprehensible. According to Blackstone, a crime is ‘an act committed or omitted in violation of public law, either forbidding or commanding it’. The correct answer is A.
12.Soru
Which of followings is one of the remedies for disputes arising under Administrative Law?
Commercial case |
Full remedy action |
Declaratory judgment action |
Action for performance of contract |
Criminal case |
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”.
13.Soru
I. Enforcing moral values,
II. Preserving order,
III. Reforming the public,
IV. Deterring offenders and potential offenders.
Which one or ones listed above is/are of the outcomes that criminal law seeks to accomplish?
Only I. |
I, II & IV. |
Only IV. |
I, II & III. |
II & IV. |
Criminal law seeks: • to enforce moral values; • to punish those who deserve punishment; • to protect the public from harm; • to reform the offender; • to deter offenders and potential offenders; • to educate people about appropriate conduct and behaviour; • to preserve order; • to protect vulnerable people from exploitation and corruption. Therefore, the correct option is B.
14.Soru
Which of the following is the definition of declaratory action?
An action in which the court is requested to sentence the defendant to give or perform, or avoid from doing something |
An action in which the court is requested to determine the existence or nonexistence of a right or a legal relationship |
An action in which the court is requested to create a new legal status, or modify the substance of an existing legal status or terminate it |
An action through which the plaintiff asserts multiple demands against the defendant in the same complaint |
An action through which the court examines the existence of procedural requirements during all stages of the action ex officio |
In a declaratory action, the court is requested to determine the existence or nonexistence of a right or a legal relationship, or whether a document is forged or not.
An action in which the court is requested to sentence the defendant to give or perform, or avoid from doing something is an action for performance.
An action in which the court is requested to create a new legal status, or modify the substance of an existing legal status or terminate it is a constructive action.
An action through which the plaintiff asserts multiple demands against the defendant in the same complaint is an action with gradual demands.
An action through which the court examines the existence of procedural requirements during all stages of the action ex officio is related with procedural requirements.
The correct answer is B.
15.Soru
According to the CoCP, which one can not be considered as a document?
a photograph |
a short video clip |
a report prepared by an expert |
an audio recording |
an e-mail |
Data suitable for proving the facts of the dispute such as written or published texts, deeds, drawings, plans, outlines, photographs, films, visual or audio recordings as well as data stored in electronic media and similar data storage devices shall be considered as documents within the scope of the CoCP (art. 199). This is a very inclusive definition. The wording of the provision is not restrictive; therefore, any kind of device that can somehow store data and is suitable for proving a fact is a document.
However, expert reports are discretionary evidence written by experts and is a separate type of evidence.
16.Soru
Which of the following statements about legal reasoning is true?
Induction means reasoning that moves from general premises, which are known or presumed to be known, to certain conclusions. |
Deduction is reasoning that moves from specific cases to more general, but uncertain, conclusions. |
The method of finding law based upon induction reasoning, thus, means subsuming a case under a legal rule. It is called syllogism. |
"Reductio ad absurdum" is one of the argument type related to analogy. |
legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution. |
most important argument types related to analogy are:
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus
reductio ad absurdum argument means that one has to exclude that meaning of a norm which would bring about ‘absurd’ effects.
17.Soru
Which one of the following is not an act constituting unfair competition according to Article 55 of the Turkish Constitution?
Using a name similar to that of another business |
Acting as if in possession of a certain certificate |
Making an untrue statement regarding a rival's financial status |
Overpricing a product compared to similar products |
Secretly revealing production procedures to another company |
Accordingly the following acts constitutes unfair competition:
• Advertisement and sales methods, which
violate the rule of good faith and other
illegal acts,
• Inducement breach or termination of contract
• Unauthorized utilization of others’ business products
• Revealing production and business secrets unlawfully
• Not complying with general business conditions
• Using general business terms and conditions, which violate the rule of good faith.
18.Soru
"This is an agreement made before the court between the parties to resolve the dispute partially or entirely in the course of a pending action."
Which of the following concepts is defined above?
Settlement |
Acknowledgement |
Provisional remedy |
Waiwer |
Res judicata |
Settlement (sulh) is an agreement made before the court between the parties to resolve the dispute partially or entirely in the course of a pending action. The parties may settle only actions regarding disputes on which they may freely act. Matters outside the subject matter of the action may also be included in the scope of the settlement. Settlement may be made at any time until the judgment becomes unappealable. The correct answer is A.
19.Soru
Which of the following Civil Law subbranche doesn’t take place in the Civil Code?
Law of persons |
Family law |
Law of succession |
Law of property |
Law of obligations |
Law of obligations is regulated in the Code of Obligations, not in the Civil Code.
20.Soru
I. Universitiy
II. Province
III.The Turkish Radio and Television Corporation
IV. Public Professional Organizations
V. Village
Which one(s) is/are example(s) of functionally decentralized administration?
Only I |
I, III and IV |
II and V |
I, II and III |
III and IV |
Article 127 of the Constitution enumerates local administrations as “provinces” (other than the ones in central administration), “municipalities” and “villages”, and defines their function as to provide the common local needs of the inhabitants of provinces.
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