Introduction to Law Final 2. Deneme Sınavı
Toplam 20 Soru1.Soru
‘No one is accused until proven guilty.’
What is the principle of criminal law whose essence is explained above?
The principle of personal responsibility |
The principle of legality |
The principle of certainty |
Nulle poena sine lege |
The presumption of innocence |
The presumption of innocence means, with a simple definition, no one is accused until proven guilty. The burden is on the prosecution to prove the case. The principle burdens the prosecution with the proof of the committed offense. A person however clear the evidence seems to be, is innocent until proved guilty. The correct answer is E.
2.Soru
I. Crimes are universal.
II. Crimes can be against to public morals.
III. Crimes can be against to environmental values
Which of above are true?
Only I |
Only II |
Only III |
I and II |
II and III |
Crimes are not universal, they are local; because one act could be considered as a crime in a country while not considered as a crime in some other country. II and III are true.
3.Soru
What type of companies are the most common ones in Turkey?
Limited liability company |
Cooperative company |
Collective company |
Commandite company |
Non-profit organization |
The types of companies listed in the TCC may be grouped as corporate and noncorporate 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
From this list, the types joint stock corporation and limited liability company are the most common types preferred in business life
in Turkey. Non-profit organizations are not considered businesses and are tax-exempt.
4.Soru
Which one is the first stage of action in civil procedure?
Preliminary examination |
Oral Arguments |
Pleadings |
Trial |
The judgement |
The stages of the action in civil procedure are:
(1) Pleadings
(2) Preliminary examination
(3) Trial
(4) Oral arguments
(5) The judgment
5.Soru
Which of the following is one of the acquired property of a spouse?
Personal items used exclusively by that spouse |
Immaterial (moral) compensation |
Assets acquired later at no cost by inheritance |
Assets belonging to one spouse at the beginning of the matrimonial property regime |
Compensation obtained for inability to work |
The acquired property of a spouse comprises; a) The proceeds from his or her employment, b) benefits received from social security, social welfare institutions and staff welfare schemes, c) compensation obtained for inability to work, d) income derived from his or her own individual property and e) property acquired to replace acquired property. The correct answer is E.
6.Soru
What is "tortous liability"?
Freedom to enter into a contract |
The act of verbal harassment against other legal persons |
Acts of violence against other legal persons |
The obligation to compensate for a loss or damage to another |
Any kind of act beyond the restrictions of law |
When a person acts beyond the restrictions of law, the acts become wrongful and such wrongful acts are named as “torts”. According to article 49 of the Code of Obligations, any person who unlawfully causes loss or damage to another, whether willfully or negligently, is obliged to provide compensation. This liability is named as tortuous liability.
7.Soru
Which organ has a duty to represent the joint stock company?
General Assembly |
Board of Detectives |
Human Resources |
Board of Directors |
Statutory Auditors |
Board of directors includes shareholders who are authorized to represent the company.
8.Soru
Which one of following is not a justification reason?
Self defence |
Defence of another |
Consent |
Execution of Statutory Provisions and Superior Orders |
To be drunk |
To be drunk is not a justification reason.
9.Soru
Which action must be filed by a debtor who demands the return of unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure?
Negative declaratory action |
Action for restitution |
Declaratory action |
Action for recovery from debt |
Action for objection |
The action for restitution is an action of performance; the debtor (now the plaintiff) demands the return of unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure. In order to file an action for restitution, a monetary performance must have been made during a compulsory enforcement procedure under the intimidation of the said procedure. The correct answer is B.
10.Soru
Which of the following is a definitive evidence?
Oath |
Documents |
Witness |
Expert examination |
Inspection by judge |
Types of evidence are:
(1) documents (belge)
(2) deeds (senet)
(3) oath (yemin)
(4) witness (tanık)
(5) expert examination (bilirkişi incelemesi)
(6) inspection by judge (keşif)
(7) Res judicata (kesin hüküm)
In civil procedure, types of evidence are divided into two categories according to their evidentiary
weight: definitive evidence and discretionary evidence. In civil procedure, there are three types of evidence that are definite: Deed, oath and res judicata.
11.Soru
Which of the following are not one of the conditions of torts?
Act |
Unlawfulness |
Causal relation |
Intent |
Damage |
Omissions are also enough to realize a tort; so intent is not necessary in every case. Others are true.
12.Soru
Which one of following is not an excuse?
Insanity |
Diminished responsibility |
Necessity |
Consent |
Mistake |
Consent is one of the justification reasons; not an excuse.
13.Soru
Which of the following is the most important result of a default of the debtor in case of monetary debts?
Testifying in court |
Paying an interest |
Withdrawing the contract |
Terminating the agreement |
Objecting to the decision |
In monetary debts, the most important result is to pay an interest. The debtor in default definitely has to pay interest even if he/she does not have fault in being in default and the other party is not suffering from any loss due to late performance. This is named as the default interest. If the creditor suffers more damage that cannot be covered with the default, interest and if the debtor has fault being in default this time the debtor has to pay the additional damages as well.
The correct answer is B.
14.Soru
I. The judgment
II. Decision about there is no need to render a judgment
III. Decision about examine an objection of one of parties
Which one/ones is/are interlocutory decision of court?
Only I |
Only III |
I and III |
II and III |
I, II and III |
I and II final decisions. But III is an interlocutary decision.
15.Soru
Please answer the following two questions according to the passage below.
(I) agreements are those which are made by firms that are the same level of trade or industry, such as agreements between retailers or manufacturers or between wholesalers. Unlike those agreements, (II) agreements are concluded between the parties who are not at the same level of trade or industry such as agreements between the wholesaler and the retailer or between the licenser and the licensee or between the manufacturer and the seller.
Which of the following should place (I) in the passage above?
Non-compete |
Horizontal |
Vertical |
Fair trade |
Undertaking |
Law No.4054 covers formal agreements and decisions which impair competition as well as looser forms of agreements and parallel restrictive actions of the undertakings which are referred to as concerted practices are within the scope of the Law20. By taking into consideration the relationship of the parties to an agreement or how they are positioned in the markets, a classification has been developed between horizontal and vertical agreements. Horizontal agreements are those which are made by firms that are the same level of trade or industry, such as agreements between retailers or manufacturers or between wholesalers. Unlike horizontal agreements, vertical agreements are concluded between the parties who are not at the same level of trade or industry such as agreements between the wholesaler and the retailer or between the licenser and the licensee or between the manufacturer and the seller.
16.Soru
"In order for an offense to constitute a jointly committed offense, it is sufficient that the act is unlawful and committed intentionally. Each person participating in the commission of an offense shall be sentenced according to his unlawful act, irrespective of the individual circumstances of others which may prevent the imposition of a penalty."
Which of the following terms with regard to involvement in crime is defined in this article of the Turkish Penal Code?
Principal |
Participant |
Causation |
Complicity |
Intention |
Criminal law systems distinguish two forms of complicity: incitement and assistance. Incitement and assistance can occur only in terms of the basic kinds of intention-based offenses. The article 40 of the TPC acknowledges this rule as follows: In order for an offense to constitute a jointly committed offense, it is sufficient that the act is unlawful and committed intentionally. Each person participating in the commission of an offense shall be sentenced according to his unlawful act, irrespective of the individual circumstances of others which may prevent the imposition of a penalty. Also, in order to be held responsible for a jointly committed offense, there must have been at least an attempt to commit the offense.
The correct answer is D.
17.Soru
Which one of the below is true about marital right and/or duties?
Spouses need the other's consent for education |
Spouses need the consent of the other for career |
The wife has to acquire her husband's surname. |
Both of the spouses have to care for the children. |
Husband is the chief of the family. |
The spouses have an equal say within the family and equal rights and duties. Before the new Civil Code entered into force in 01.01.2002, there was the concept of the “head (chief) of the family” and this person was the husband.
They mutually undertake to strive to safeguard the interests of the marital union and to care jointly for the children and to educate them.
In choosing a career or education, spouses do not need to get the consent of the other spouse.
A woman acquires the surname of her husband with marriage. However, she can add her surname before that. This provision is the only provision that still creates inequality. But with the recent
court decisions woman’s right to continue carrying only her surnames started to be recognized.
18.Soru
What does not provide a legal ground for divorce?
Leaving the marital domicile for three months |
Habitual gambling |
Sexual intercourse with another person |
Humiliation of a spouse by the other |
Developing an incurable mental illness |
According to the Civil Code, there are five specific grounds for divorce.
1- Adultery: Voluntary sex with someone other than his/her spouse. This action should be brought within 6 months.
2- Plots against life, grave assaults/insults: A plot against life is attempt by one spouse to murder the other spouse. Grave assaults
are threats or attempts to do bodily harm to the other spouse, by force or violence. Grave insults are actions of humiliation by one spouse to the other spouse. The spouse may again bring an action for divorce in six months time he/she learns about this act and in five years this act is committed. If the spouse forgives the one who has committed such an act, then this spouse shall not have a right to bring an action for divorce.
3- Crime and dishonorable life: The conviction of a spouse for a humiliating crime or the dishonorable conducts of one of the spouses, like habitual drunkenness or habitual gambling, are grounds for divorce. But to bring an action for divorce, it should not be expected for the other spouse to continue living with this spouse any more.
4- Desertion: If one of the spouses leaves the marital domicile in order not to fulfill his/her marital duties or does not return to the marital domicile without a just ground and if this period at least six months, the remaining spouse may bring an action for
divorce. During this six month period, the remaining spouse should ask either the judge or the notary to draw a notice and invite his/her spouse back home and remind him/her about the results of his/her not returning.
5- Mental illness: If one of the spouses becomes mentally ill and life becomes for this reason unbearable to the other spouse, the healthy spouse may bring an action for divorce, on the condition that this illness is proved to be incurable by a medical report.
19.Soru
What does the UN Charter say about human rights?
It reaffirms faith in fundemental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small. |
It makes no explict reference, but mentions that peace and security are linked with individual rights. |
The UN Charter says that human rights are universal and that all members must respect them fully or action will be taken by the Security Council |
Human rights only for distinguished person |
None of the options given are correct |
the UN Charter say about human rights; It reaffirms faith in fundemental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.
20.Soru
Which of the following is lower in the hierarchy of law in Turkey?
International treaties |
Customary law |
By-laws |
Statutes |
Regulations |
Turkish legal system is also based on the structure of a hierarchy of norms: The sources of law of Turkish law ordered in such a way from top to down may be listed as follows:
• The Constitution
• Statutes
• International treaties
• Decrees with the effect of law
• Regulations
• By-laws
• Customary law
• Judicial decisions
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