Introduction to Law Final 5. Deneme Sınavı
Toplam 20 Soru1.Soru
What does "burden of proof" determine?
If a presentened evidence is illegal |
If a presented evidence proves a fact |
The right to present evidence for the opposing party |
Which party has to prove matters in a trial |
The right to not present any evidence |
Burden of proof determines which party carries the duty to prove matters in an action. Both parties may present evidence of course, but if the matters in the action remain not proved at the end of the trial, one side must lose the action in any case. This side is the side that carries the burden of proof.
2.Soru
When did current Turkish Commercial Code come into effect?
2011 |
2012 |
2014 |
2017 |
1926 |
The new TCC came into effect in 2012.
3.Soru
With which of the followings, 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?
Actions for Performance. |
Declaratory Actions. |
Constructive Actions. |
Party Representation. |
Power of attorney. |
With 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. Therefore, the correct option is B.
4.Soru
A woman whose previos marriage has come to an and for whatever reason has to wait for how many times before she gets remarried?
300 days |
Two year |
1 day |
365 days |
1 week |
A woman whose previos marriage has come to an and for whatever reason has to wait for 300 days before she gets remarried.
5.Soru
Which country’s Civil Code did Turkey adopt in 1926?
Germany |
United Kingdom |
Spain |
Switzerland |
Italy |
Turkey adopted Swiss Civil Code in 1926 and it was effective until the year 2002.
6.Soru
Which of the following is not a book of TCC?
on Commercial Enterprise |
on Commercial Logistics |
on Valuable Papers |
on Maritime Operations |
on Insurance Law |
TCC is composed of six books which regulate specific areas in the law:
• Book 1 : (Articles 1 – 123) on Commercial Enterprise
• Book 2 : (Articles 124 – 644) on Commercial Entities
• Book 3: (Articles 645 – 849) on Valuable Papers (Negotiable Instruments)
• Book 4 : (Articles 850 – 930) on Transport (Carriage) Operations
• Book 5 : (Articles 931 – 1400) on Maritime Law
• Book 6 : (Articles 1401 – 1520) on Insurance Law
7.Soru
Which of the following does not constitute unfair competition?
Using general business terms and conditions, which violate the rule of good faith. |
Complying with general business conditions. |
Advertisement and sales methods, which violate the rule of good faith and other illegal acts. |
Inducement breach or termination of contract. |
Revealing production and business secrets unlawfully. |
Article 55 states different examples of unfair competition. 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. Therefore, the correct opton is B.
8.Soru
In civil procedure law, which of the following is equivalent capacity to have rights and duties in civil law?
Capacity to be a party |
Capacity to conduct civil proceedings and legal representation |
Capacity to litigate |
Real party in interest |
Party representation |
Capacity to be a party in civil procedure law is equivalent capacity to have rights and duties in civil law.
9.Soru
Which civil law branch's main subject is the real rights?
Law of persons |
Law of property |
Family law |
Law of succession |
Law of obligations |
The law of property’s main subject is the real rights. Real rights are the rights built on a property
that give their owner the right to assert against all persons this right. Ownership, hypothec, usufruct are some examples of the real rights.
10.Soru
"------------------------ are those which are made by firms that are the same level of trade or industry. ----------------------------- are concluded between the parties who are not at the same level of trade or industry."
Which of the following two terms fill in the blanks in the above sentences?
"------------------------ are those which are made by firms that are the same level of trade or industry. ----------------------------- are concluded between the parties who are not at the same level of trade or industry."
Which of the following two terms fill in the blanks in the above sentences?
Concerted practices / Presumption of concerted practices |
Association of undertakings / Public undertakings |
Horizontal agreements / Vertical agreements |
Individual exemptions / Group exemptions |
Restrictive agreements / Concerted practices of undertakings |
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 agreementsare 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 betweenthe manufacturer and the seller.
The correct answer is C.
11.Soru
Articles 18 of the Turkish Penal Code stipulates that "any person who fails to render assistance to an old, disabled or injured person at the extent of his ability, or fails to notify the concerned authorities in time, is punished with imprisonment up to one year or punitive fine".
Which of the following elements of liability is defined in this article?
Voluntary act |
Omission |
Intention |
Complicity |
Criminal attempt |
Although a voluntary act is required in most cases for criminal liability, both civil and common law consist of several offense definitions that do not require an act while giving rise to criminal liability, which is referred to as acts of omission or failure to act.
The correct answer is B.
12.Soru
“An ……is a declaration of intention by one party, whereby he expresses his willingness to enter into a contract..”
Fill the blank with correct term?
Obligation |
Duty |
Propose |
Offer |
Transaction |
The definition belongs to the offer.
13.Soru
Which one of the following must always be present in a court?
Police officer |
Lawyer |
Press member |
Witness |
Bailiff |
All courts have an administrative office supervised by a court clerk, with court stenographers, a bailiff, and other civil servants where necessary.
14.Soru
What are “unauthorized utilization of others’ business products, revealing production and business secrets unlawfully, not complying with general business conditions” examples of?
Contest |
Competition |
Violation |
Unfair Competition |
Unfair Act |
The given examples are regulated in article 55 of the TCC and they are unfair competition situations.
15.Soru
I. Actions for performance
II. Declaratory actions
III. Preventive actions
IV. Constructive actions
Which of the ones above is among types of actions in terms of legal remedy sought?
I, II & III. |
Only II. |
I, II & IV. |
Only IV. |
II, III & IV. |
There are three types of actions according to the legal remedy sought: (1) Actions for performance (2) Declaratory actions (3) Constructive actions. Therefore, the correct option is C.
16.Soru
Which of the following are alternative dispute resolution methods in the Turkish legislation?
Conciliation / mediation |
Appeal / intermediate appeal |
Provisional remedy / Appellate remedy |
Waiver / settlement |
Expert examination / inspection by judge |
Alternative dispute resolution methods currently implemented in Turkey are mainly conciliation and mediation. Conciliation power of the lawyers set out by the Law of Lawyers is the most important example of conciliation; and the Law on Mediation in Civil Disputes no. 6235 (LMCD) is the Statute that regulates institutional mediation in Turkey.
The correct answer is A.
17.Soru
Which one is not subtype of contractual freedom?
Freedom to enter into a conract |
Freedom to chose the other party of conract |
Freedom of form |
Freedom to withdraw a contract |
Freedom to to terminate the contract every time you want |
Freedom to to terminate the contract every time you want is not subtype of contractual freedom.
18.Soru
In a situation where another person than the perpetrator's help is essential to committing the crime, what is the second person liable as?
Aider |
Instigator |
Perpetrator |
Inciter |
Joint principal |
In cases where the assistance of the another person becomes essential in order for the crime to succeed, the aider transforms into a joint principal.
19.Soru
Which of the following is not one of the legal instruments that regulate unfair competition in Turkey?
Code of Obligations |
Commercial Code |
Consumer Protection Law |
Law on Protection of Personal Data |
Intellectual Property Law |
Unfair competition in trade relations is mainly regulated in the Turkish Commercial Code. There are also further general and specific provisions in some other legislation including Code of Obligations, Commercial Code, Intellectual Property Law, Industrial Property Law and Consumer Protection Law.
Law on Protection of Personal Data is not one of these legal instruments.
The correct answer is D.
20.Soru
What is power of attorney?
Being a real party in interest is the possession of the substantive right associated with the claim. |
Capacity to litigate is the capability to secure a judgment about the relief that is demanded. |
Multiple persons' capacity to jointly file an action. |
Capacity to conduct civil proceedings and manage it personally or through an attorney whom she appoints. |
The party applying for legal protection or asserting the claim. |
Any person having the capacity to conduct civil proceedings may file an action and manage it personally or through an attorney whom she appoints. Power of attorney covers the power to carry out all kinds of party proceedings in order to manage the action, enforce the judgment, collect judicial costs and issue receipts regarding this collection, and the power to be the receiver of such proceedings until the judgment becomes unappealable. Therefore, the correct option is D.
-
- 1.SORU ÇÖZÜLMEDİ
- 2.SORU ÇÖZÜLMEDİ
- 3.SORU ÇÖZÜLMEDİ
- 4.SORU ÇÖZÜLMEDİ
- 5.SORU ÇÖZÜLMEDİ
- 6.SORU ÇÖZÜLMEDİ
- 7.SORU ÇÖZÜLMEDİ
- 8.SORU ÇÖZÜLMEDİ
- 9.SORU ÇÖZÜLMEDİ
- 10.SORU ÇÖZÜLMEDİ
- 11.SORU ÇÖZÜLMEDİ
- 12.SORU ÇÖZÜLMEDİ
- 13.SORU ÇÖZÜLMEDİ
- 14.SORU ÇÖZÜLMEDİ
- 15.SORU ÇÖZÜLMEDİ
- 16.SORU ÇÖZÜLMEDİ
- 17.SORU ÇÖZÜLMEDİ
- 18.SORU ÇÖZÜLMEDİ
- 19.SORU ÇÖZÜLMEDİ
- 20.SORU ÇÖZÜLMEDİ