Introduction to Law Final 4. Deneme Sınavı
Toplam 20 Soru1.Soru
Which one of the following matches the act and its corresponding penalty correctly?
Causing the death of another by reckless conduct - Imprisonment for one to five years |
Causing the death of more than one person by reckless conduct - Imprisonment for five to fifteen years |
Discharging waste that causes environmental damage - Imprisonment for one month to one year. |
Discharging waste that has the propensity to remain in the earth, water or air - Imprisonment for two months to one year. |
Discharging waste which may cause the alteration of the natural characteristics of plants or animals- Imprisonment for one to five years. |
Article 85 of the TPC:
(1) Any person who causes the death of another by reckless conduct shall be sentenced to a penalty of imprisonment for a term of two to six years.
(2) If the act results in the death of more than one person, or the injury of more than one person together with death of one or more persons, the offender shall be sentenced to a penalty of imprisonment for a term of two to fifteen years.
Article 182 of the TPC:
(1) Any person who discharges waste or refuse material into the earth, water or air through his recklessness such as to cause environmental damage shall be sentenced to a penalty of a judicial fine.
Where the waste or refuse material has the propensity to remain in the earth, water or air then the penalty to be imposed shall be imprisonment for a term of two months to one year.
(2) Any person who causes, by his recklessness, the discharge of waste or refuse material which has a characteristic which 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, the offender shall be sentenced to a penalty of imprisonment for a term of one to five years.
2.Soru
I.Shareholders General Assembly
II.Board of Directors
III.Statutory Auditors
Which of the above is/are the mandatory organ(s) for a joint stock corporation to function?
Only I |
Only II |
I and II |
II and III |
I, II and III |
A joint stock corporation must have three organs to function: shareholders general assembly, board of directors and statutory auditors.
3.Soru
Which one is an example of unjust enrichment?
Getting money transferred by mistake |
Paying more for a product than regular market price |
An heir's inheriting more money than other heirs |
Acquiring money as result of a divorce |
Earning money off a virtual product |
According to article 77 of the Code of Obligations, a person who has enriched himself without just cause at the expense of another is obliged to make restitution.
For example, if a person transfers an amount of money to an account of third person by mistake, instead of the counterpart of the contract he made with; third person is under a liability to pay it back. There are four conditions for unjust enrichment to exist:
1. There must be enrichment in the property of a person.
2. There must be a decrease in the value of property of another person.
3. The enrichment must be without a just cause
4. There must be a causal relation between the enrichment and the decrease in the value of property.
4.Soru
Which of the following acts does not constitute a crime although it causes physical injury?
Which of the following acts does not constitute a crime although it causes physical injury?
Theft |
Murder |
Fire |
Assault |
Surgery |
A victim’s consent to the defendant’s behaviour can exempt the defendant from liability. The issue normally arises in relation to non-fatal offences against a person. For example, tattooing, surgery and ear-piercing normally constitute the crime of injury. Yet the consent of the victim prevents the act from being proscribed. The correct answer is E.
5.Soru
I. Council of State
II. National Security Council
III. Court of Cassation
IV. Court of Accounts
Which of above are advisory bodies of Turkey?
Only I |
I and III |
II and IV |
I, II and III |
I, II and IV |
Court of Cassation is not included in advisry bodies. It is a court of appeal and it has no administrative function. The answer is I, II and IV.
6.Soru
Legal persons are corporate and independent bodies with a specific propose that acquire legal personality according to the special provisions by which they are regulated. Which sub-branch of the civil law deals with legal persons?
Law of persons. |
Family law. |
Law of succession. |
Law of property. |
Law of obligations. |
Law of Persons is a branch of civil law that generally deals with persons and the modalities attached to persons. In this part we shall mainly deal with the meaning of “person”, the types of persons and the capacity of persons. Therefore, the correct option is A.
7.Soru
When does a declaration of absence of a missing person take effect?
Immediately from the issuance of the declaration of absence |
3 months after the publication of the declaration of absence |
6 months after the publication of the declaration of absence |
15 days from the issuance of the declaration of absence |
9 months after the publication of the declaration of absence |
6 months after the publication of the declaration of absence does a declaration of absence of a missing person take affect.
8.Soru
What is the law about abortion in Turkey?
There is no law regarding abortion. |
The parents of the pregnant woman can request it. |
It has a time limitation. |
It can be done anytime during pregnancy. |
It is completely banned. |
Abortion is permitted upon the woman’s request in the early weeks of pregnancy and in the later periods of time under certain circumstances (time limitation) in Turkey. In Ireland, only when the woman's life is at risk, is it possible.
9.Soru
What is the term that means ‘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’?
Intention |
Negligence |
Ommisions |
Actus reus |
External element |
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 correct answer is B.
10.Soru
Which one of below can not be subject of interpretation?
Laws |
Constitution |
International treties |
Contracts |
Court decisions |
Court decisions are not subjects to interpret; they must be definite and clear anyway.
11.Soru
Which of the following is not one of the duties and authorities of the Competition Board?
penalizing undertakings which distort or prevent competition in the market |
enacting laws to regulate competition in the market |
preventing monopolization within the market by examining mergers, acquisitions and joint-ventures over a certain threshold |
examining the transfer of public undertakings to the private sector |
ensuring the dominance of competitive conditions within the markets |
The Competition Board is vested with a broad array of rights and authorities to regulate competition in Turkey. However, the Board is not entitled to enact laws. The correct answer is B.
12.Soru
Which sub-branch of the civil law deals with marital rights and duties ?
Law of persons. |
Family law. |
Law of succession. |
Law of property. |
Law of obligations. |
Family law deals with all kinds of disputes in marriages. Therefore, the correct option is B.
13.Soru
(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 (II) 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.
14.Soru
"This is a new obligation replacing an old one. The preexisting obligation is discharged and a new obligation is created. The parties should conclude an agreement in which the intention should be clearly stated."
Which of the following ways of discharging an obligation is defined above?
Discharge by agreement |
Set-off |
Impossibility |
Merger |
Novation |
Discharge of an obligation means that the obligation has come to an end. The normal way of discharging an obligation is performance. Apart from performance, there are some other ways listed in the Code of Obligations.
Novation is one of these ways. Novation is a new obligation replacing an old one. The preexisting obligation is discharged and a new obligation is created. The parties should conclude an agreement in which the intention should be clearly stated.
The correct answer is E.
15.Soru
Which term describes "a contest where economic decisions can be
taken freely by the undertakings in the markets for goods and services."?
Fair trading |
Pricing |
Free market |
Competition |
Capital |
Competition is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services. It can be referred to as a contest or play where in the playground (market), for all the players (competitors) and the stakeholders, the play should be competitive and fair. This requirement sets forth certain duties not only for the players but also for the regulators.
16.Soru
In which of the following legislation unfair competition is not regulated?
Turkish Code of Obligations |
Turkish Penal Code |
Turkish Commercial Code |
Intellectual Property Law |
Consumer Protection Law |
Unfair competition in trade relations is mainly regulated in the TCC. There are also further general and specific provisions in some other legislation. These are regulated in Turkish Code of Obligations and in some specific laws such as intellectual and industrial property laws and in consumer protection law.
17.Soru
Which of the following is not an example of commercial business?
Making a lease agreement |
Concluding contracts with employees in a commercial enterprise |
Signing a power of attorney for the representation of the commercial enterprise |
Rendering goods and services for the commercial enterprise |
Hiring an attorney for your divorce |
Pursuant to Article 3 of the Turkish Commercial Code, all matters regulated in the law are considered as commercial business and all matters (businesses and acts) concerning a commercial enterprise are considered as commercial. The first four options in this question include acts related to commercial enterprises. However, divorce falls under the scope of civil law, and thus hiring an attorney for divorce is not concerned with business and commercial law. The correct answer is E.
18.Soru
Which of the following is the only real extraordinary appellate remedy in civil litigation?
Appeal |
Intermediate appeal |
Renewal of proceeding |
Arbitration |
Mediation |
Appellate remedies are generally divided into two categories: ordinary appellate remedies and extraordinary appellate remedies. Ordinary appellate remedies are the remedies to be exhausted before a decision becomes unappealable. Intermediate appeal and appeal are the ordinary appellate remedies. Extraordinary appellate remedies, on the other hand, are the remedies that may be applied after the decision becomes unappealable; therefore, they remove res judicata. There is only one real extraordinary appellate remedy in civil litigation: the renewal of proceedings (yargılamanın iadesi).
The correct answer is C.
19.Soru
Which of the followings is the principle that forsees "people should have sufficiently certain and clear warnings about the forbidden conducts"?
Principle of strict construction. |
Principle of proportionate response. |
Principle of minimal intervention. |
Principle of welfare and upholding the common good. |
Principle of maximum certainty. |
The principle of maximum certainty forsees that people should have sufficiently certain and clear warnings about the forbidden conducts. Therefore, the correct option is E.
20.Soru
"No penalty shall be imposed upon an offender in respect of acts which were necessary to repel an unjust assault which is directed, carried out, certain to be carried out or to be repeated against a right to which he, or another, was entitled, provided such acts were proportionate to the assault, taking into account the situation and circumstances prevailing at the time."
Which of the following concepts is defined above?
Incitement |
Complicity |
Corporate liability |
Self-defense |
Cusation |
In the criminal law, self-defense has always been recognized as a ground of justification. Article 25 of the TPC defines self-defense as follows:
"No penalty shall be imposed upon an offender in respect of acts which were necessary to repel an unjust assault which is directed, carried out, certain to be carried out or to be repeated against a right to which he, or another, was entitled, provided such acts were proportionate to the assault, taking into account the situation and circumstances prevailing at the time."
The correct answer is D.
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