Introduction to Law Final 15. Deneme Sınavı
Toplam 20 Soru1.Soru
I. Arbitration
II. Conciliation
III. Mediation
Which of the above is/are (an) alternative dispute resolution method(s)?
Only I |
I and II |
I and III |
II and III |
I, II and III |
Arbitration is a dispute resolution method in which the parties choose the arbitrator (or the
arbitrators) and the procedure to be followed. Otherwise, arbitration is similar to litigation in
courts as both methods determine which party is right and both render binding final decisions.
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).
2.Soru
Which of the followings is one of the criminal law's major concerns in terms of private interest?
Maintaining the integrity of the state and the administration of justice. |
Preventing undesired physical interference through crimes. |
Preventing the moral corruption of the young. |
Preventing physical injury. |
Proscribing personal immorality deemed injurious to society’s well-being. |
Preventing undesired physical interference through crimes is of private interest whereas the others listed are of public interest. Therefore, the correct option is B.
3.Soru
Which one of followings about core of modern criminal law is true?
The principle of poverty and harming the common good. |
The principle of harm to other. |
The principle of minimal intervention: Law should not criminalize too much behaviour. |
The principle of maximal intervention. |
The principle of minimum certainty. |
The governing principles which lie at the core of modern criminal law are as follows:
• The principle of welfare and upholding thecommon good,
• The principle of prevention of harm toothers,
• The principle of minimal intervention: Lawshould not criminalize too much behaviour,
• The principle of social responsibility: Societyrequires a certain level of cooperation between citizens,
• The principle of proportionate response:The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,
• The non-retroactivity principle: A personshould not be convicted or punished except in accordance with a previously declared offense,
• The thin-ice principle: Those who skateon thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,
• The principle of maximum certainty: Peopleshould have sufficiently certain and clear warnings about the forbidden conducts,
• The principle of fair labelling: Offensesshould be labelled in a manner to reflect the seriousness of the law violated,
• The principle of strict construction:Ambiguities in criminal law should be construed in favour of the defendant,
• The presumption of innocence: A principleof procedural fairness that the defendant should be presumed innocent until proved guilty.
4.Soru
Which of the followings fall within the group of ‘persons of limited capacity’?
A person to whom quasi guardian is appointed |
A person who does not have discretion |
A person who has discretion but not completed 18 years of age. |
A person who has discretion and completed 18 years of age but is interdicted |
A person who is under parental authority |
The persons of limited capacity are the persons who married and to whom a quasi guardian is appointed. The correct answer is A.
5.Soru
"This occurs when a perpetrator violates criminal law since his/her grasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would not have acted in the way he did had he/she known the facts of the case."
Which of the following terms is defined above?
Criminal liability |
Necessity |
Diminished responsibility |
Mistake of law |
Mistake of fact |
Whoeverat the time of the commission of an act is unaware of a fact that is a definitional element of an offense shall be deemed not to have acted intentionally.
A mistake of fact occurs whereby the perpetrator violates criminal law since his/hergrasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would nothave acted in the way he did had he/she knownthe facts of the case.
The correct answer is E.
6.Soru
Which of the followings is the representative of the state in a court of law?
Judge. |
Prosecutor. |
Attorney. |
Bailiff. |
Stenographer. |
Prosecutor is the representative of the state in a court. Therefore, the correct option is B.
7.Soru
Which one is not crime according to Turkish Penal Code?
Theft |
Bribery |
Adultery |
Sexual assault |
To harm a person’s body |
Adultery is no longer a crime in Turkey since 1999.
8.Soru
I. Registration to a bar association,
II. Bachelor's degree in law,
III. Completion of one-year apprenticeship.
Which of the listed above is compulsory to become a lawyer?
Only I. |
II & III. |
Only II. |
I, II & III. |
Only III. |
In order to become a practicing lawyer, one must graduate from a law faculty, complete the required one-year apprenticeship and register in a bar association. Therefore, the correct option is D.
9.Soru
Which one below is an example of commercial business?
Founding a charity |
Setting up a web-site |
Organizing seminars |
Engaging with a maintainance company |
Being the candidate of a political party |
Rendering goods and services for the commercial enterprise; making a lease agreement, concluding contracts with employees
in a commercial enterprise, engaging with a maintantainance company for the work premises, signing a power of attorney for the representation of the commercial enterprise are examples of
commercial business.
10.Soru
Which one of the following is false about "intermediate appeal"?
The application for the appeal must be made in two weeks. |
Applications must be made with a petition. |
Intermediate appeal is not applicable against final decisions. |
It is a complete renewal of the proceeding. |
The value of the subject matter must exceed a certain amount in actions regarding property rights. |
The intermediate appeal is not a complete renewal of the proceedings; it is carried out within the boundaries of the petitions of the parties regarding intermediate appeal.
According to the CoCP, intermediate appeal is applicable against final decisions. Decisions regarding actions concerning property rights in which the value or amount of the subject matter does not exceed a certain amount are unappealable.
Application for intermediate appeal remedy must be made with a petition.
Time limit for application to intermediate appeal is two weeks.
11.Soru
What does mean of " legal remedy sought from the court by the person of a right that is claimed to be harmed, against the person who is claimed to have
harmed the mentioned right."
Action |
Hearing |
Appeal |
Judgment |
Mediation |
Action (dava) is a legal remedy sought from the court by the person of a right that is claimed to be harmed, against the person who is claimed to have harmed the mentioned right. Actions are remedies that are final in nature as opposed to provisional remedies, which are temporary in nature.
12.Soru
I. Provisions set forth in the TCC
II. Provisions related to transactions in legislation other than TCC
III. Provisions related to acts of a commercial enterprise in legislation other than TCC
Which of the above are considered as commercial norms?
Only I |
I and II |
I and III |
II and III |
I, II and III |
Article 1 of the TCC sets forth the scope of the Law and states that the provisions set forth in the
TCC are commercial norms. Provisions in other legislation can also be considered as a commercial
norm if they are related to transactions or acts of a commercial enterprise.
13.Soru
Which of the following is not one of the requirements of the principle of legality?
Punishability requires a written act of parliament and cannot be based on custom. |
Criminal prohibitions must determine the prohibited conduct, they must be definite. |
Acts cannot be punished retroactively. |
The statutory prohibition cannot be extended by analogy. |
Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law. |
The first four options indicate requirements of the principle of legality. However, the provision that "everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law" refers to the presumption of innocence, which is also one of the principles of the criminal law.
The correct answer is E.
14.Soru
Which of the followings is the representative of a person (real or legal) in a court of law?
Judge. |
Prosecutor. |
Attorney. |
Bailiff. |
Stenographer. |
An attorney is the representative of a person. Therefore, the correct option is C.
15.Soru
Which of the following is not one of the books of the new Turkish Commercial Code adopted in 2012?
Book on Commercial Enterprise |
Book on Valuable Papers |
Book on Transport Operations |
Book on Civil Law |
Book on Insurance Law |
The new Turkish Commercial Code adopted in 2012 consists of six books, i.e. Commercial Enterprise, Commercial Entities, Valuable Papers, Transport Operations, Maritime Law, and Insurance Law. The TCC does not include a book on the Civil Law.
The correct answer is D.
16.Soru
Which of the following is not one of the duties of the court in preliminary examination?
Examine procedural requirements and preliminary objections |
Determine the boundaries of the dispute |
Carry out preparatory proceedings and proceedings necessary for the parties to present evidence and for the discovery of evidence |
Encourage the parties for settlement or mediation in actions on which they may freely act |
Resort to amendment to correct a mistake in the action |
The procedures defined in the first four options are duties of the court in the preliminary action. Amendment is a procedure in its own right which follows the trial in general.
Thus, the correct answer is E.
17.Soru
Which of the following concepts refer to "any natural or legal person who produces, markets or sells goods or services and who forms an economic entity and is capable of acting independently in the market"?
Competition |
Corporation |
Undertaking |
Concerted practices |
Joint stock |
The Competition Law defines an undertaking as "any natural or legal person who produces, markets or sells goods or services and who forms an economic entity and is capable of acting independently in the market”. The correct answer is C.
18.Soru
Which one of criminal law concerns is not related to support of public interest in?
Preventing physical injury. |
Proscribing personal immorality deemedinjurious to society’s well-being. |
Preventing the moral corruption of the young through crimes such as gross indecency and unlawful sexual intercourse with children. |
Maintaining the integrity of the state and the administration of justice through crimes such as treason, perjury, perverting the course of justice, tax evasion. |
Offenses through crimes such as indecent exposure, indecency in public, solicitation |
First 4 choices are about public interest; and Offenses through crimes such as indecent exposure, indecency in public, solicitation is about private interest.
19.Soru
Which of the following information about analogical reasoning is not true?
An analogy consists of an observed similarity between two phenomena. |
An analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point. |
An analogy is an extension of the scope of a norm to be applied. |
Analogy involves an earlier decision being followed in a later case because the later case is similar to the earlier one. |
Reasoning by analogy is not used in common law. |
Legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution. Analogy is an extension of the scope of a norm to be applied. The information given in the first four options is true. "Reasoning by analogy is not used in common law" is not true since analogy is a central form of reasoning found in many legal systems, especially ‘Common Law’ systems such as those in England and the United States.
The correct answer is E.
20.Soru
I. To deter people from doing acts that harm others or society
II. To set out the conditions under which people who have performed such acts will be punished
III. To provide guidance on the kinds of behaviours which are considered as acceptable by society
Which of above are functions of criminal law?
Only I |
Only II |
Only III |
I and III |
I, II and III |
All given informations are take place in the functions of criminal law.
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