Introduction to Law Final 6. Deneme Sınavı
Toplam 20 Soru1.Soru
Which one of the below statement is not eligible for bankruptcy?
Merchant |
Partner of general partnerships |
Partner of limited partnerships |
Partner of joint-stock company |
Limited company
|
Bankruptcy itself is also only available for merchants as well, at least in principle. Only a person recognized as merchant by the Commercial Code is eligible for bankruptcy. Since commercial partnerships are merchants in nature, they are eligible for bankruptcy. Simple partnerships lack legal personality; therefore, they cannot be subjected to bankruptcy, but the partners may. Under some circumstances, partners of general partnerships (kollektif şirket) and limited partnerships (komandit şirket) may also be eligible for bankruptcy.
2.Soru
"... is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services."
With which of the following the blank in the sentence above should be filled?
Market |
Fair trade |
Competition |
Anticompetitive pricing |
Non compete clause |
Despite more than twenty years left behind following the enactment of Law No.4054 on the
Protection of Competition (“Competition Law” or Law No.4054) related core concepts such as market, competition, fair trading, anticompetitive pricing can be misinterpreted. One of the reasons for that may be the fact that the same terminology “competition” exists in all of these areas and this may still cause some degree of confusion in the understanding and sometimes enforcement of competition related rules. Competition is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services.
3.Soru
Unlike the negative declaratory action, a(n)--------------------- is an action of performance; the debtor (now the plaintiff) demands the return unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure. In order to file a(n)---------------------, a monetary performance must have been made during a compulsory enforcement procedure under the intimidation of the said procedure.
Which of the following terms should replace the blanks in the above paragraph?
Unlike the negative declaratory action, a(n)--------------------- is an action of performance; the debtor (now the plaintiff) demands the return unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure. In order to file a(n)---------------------, a monetary performance must have been made during a compulsory enforcement procedure under the intimidation of the said procedure.
Which of the following terms should replace the blanks in the above paragraph?
Commercial bill |
Action for restitution |
Insolvency certificate |
Liquidation |
Composition agreement |
The debtor may also file a proper negative declaratory action (menfi tespit davası) before or during the enforcement procedure. The criterion to distinguish the filing of this action from the action that we are going to discuss next, the action for restitution (istirdat davası), is whether the obligation is performed; regardless it was directly paid or paid with the liquidation of the attached assets of the debtor. In first case, a negative declaratory action, and in second case an action for restitution must be filed by the debtor.
If the credit is paid, the debtor must file an action for restitution in order to retrieve it. In addition, if the payment was made during the negative declaratory action, said action automatically transforms into an action for restitution. Unlike the negative declaratory action, the action for restitution is an action of performance; the debtor (now the plaintiff) demands the return 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.
4.Soru
How long may the creditor file an action in the proper court for the invalidation of the objection within?
1 year |
2 year |
6 months |
5 year |
3 months |
The creditor may file an action in the proper court for the invalidation of the objection (itirazın iptali davası) within one year.
5.Soru
I. An infant is a person who has not yet reached the age of majority – that is 15 in the Turkish law system.
II. Children under the age of twelve can not be criminally liable.
III. if a child is aged 12 or over but under 15, there used to be a presumption that they could not form mens rea.
Which of the statements given above is/are correct?
Only I |
Only II |
I – II |
I – III |
II – III |
An infant is a person who has not yet reached the age of majority – that is 18 (not 15) in the Turkish law system (Statement (I) is wrong). The other statements are correct. The correct answer is E.
6.Soru
When did the new Turkish Commercial Code come into effect?
2010 |
2011 |
2012 |
2013 |
2014 |
The new Turkish Commercial Code came into effect in 2012. The correct answer is C.
7.Soru
“….involves an investigation into the relations between the norm to be applied and other relevant norms and codes of the same legal system.”
Fill the blank with correct word?
Subjective teleological interpretation |
Objective teleological interpretation |
Systematic interpretation |
Historical interpretation |
Textual interpretation |
The correct fit for the blank is systematic interpretation.
8.Soru
Which one of the followings is wrong?
Law exists, in general in the form of rules such as the rule that defines the ball or the one concerning the required number of players in a football game. |
A legal system consist of not only substantive rules, but also it contains rules regarding the ways in which a right can be used or obtained. |
Most of the legal norms contain sanctions. |
It is highly important to recognize that formal sanctions are the distinctive features of law as opposed to other normative orders, such as morality. |
A typical legal norm does not contain a definition and a sanction. |
A typical legal norm contains a definition and a sanction.
9.Soru
Which of the following is not one of the types of evidence mentioned in the Statute?
Deeds |
Oath |
Witness |
Expert examination |
Preliminary examination |
As long as an instrument is suitable to prove a fact, it is admissible as evidence; provided that it possesses other requisites determined by the Statute. Types of evidence that are stated by the Statute include (1) documents (belge) and (2) deeds (senet), (3) oath (yemin), (4) witness (tanık), (5) expert examination (bilirkişi incelemesi) and (6) inspection by judge (keşif), and (7) Res judicata (kesin hüküm). Preliminary examination is not one of the types of evidence. It refers to the process through which the court examines procedural requirements and preliminary objections, determines boundaries of the dispute, carries out preparatory proceedings and proceedings necessary for the parties to present evidence and for the discovery of evidence, and encourages the parties for settlement or mediation. The correct answer is E.
10.Soru
One day Ceren fights with her parents and leaves the house in anger. Nobody ever hears from her ever again. How and when does Ceren's personality end?
Only if and when they find her corpse |
Never, as there is no life threatening situation |
In one year with the application of her parents to court |
In five years with the application of her parents to court |
As soon as the police closes her missing persons file |
The normal way to end the personality is death. Legally, for a person to have considered as dead, the corpse of this person should be found. When there is no corpse, this situation is not regarded as death. At this point, there are two important presumptions under which legally the person is also considered to be dead though there is no corpse present.
The two important presumptions which death is presumed are presumption of death and
presumption of absence. According to this provision, the death of a person is deemed proven, even if no one has seen the corpse, if that person has disappeared in circumstances in which his death may be considered certain. The result of death presumption is just like normal death. There is no need for a special court decision.
In declaration of absence there are two different situations. In the first case, it is highly probable that a person is dead because he or she has disappeared in extremely life-threatening circumstances. In that case the next of kin has to wait for one year and then apply to the court.
In the second case, a person has been missing for a lengthy period of time without any sign
of life. This is a situation in which a person has disappeared without any reason. In that case, five
years should be waited since the last sign of life before the application to the court.
11.Soru
On which book of Turkish Commercial Code “valuable papers” are regulated?
Book 1 |
Book 2 |
Book 3 |
Book 4 |
Book 5 |
They (negotiable instruments or valuable papers) are regulated in book 3 (Articles 645 – 849).
12.Soru
In the case of having issues related to the judge of a court, what action can the sufferer take?
File an action for damages against the judge |
File an action for damages against the State |
File an appeal to the Court of Cassation |
File a request to have the judge replaced |
No action can be taken |
According to the Statute, filing an action for damages against a judge regarding the exercise of jurisdiction is not permitted. If someone suffers damage from the actions of a judge regarding the
duty she carries out, for example, if the judge consistently refrains from determining a hearing date, the sufferer may file an action for damages against the State.
13.Soru
Which of the followings is the principle that forsees "the defendant should be presumed innocent until proved guilty"?
Thin-ice principle. |
Non-retroactivity principle. |
Principle of strict construction. |
Presumption of innocence. |
Principle of maximum certainty. |
The presumption of innocence is the principle of procedural fairness that the defendant should be presumed innocent until proved guilty. Therefore, the correct option is D.
14.Soru
I. Persons whose economic interest are damaged or jeopardized
II. Customers whose economic interests are infringed
III. Professional or economic associations
Which of the ones listed above is entitled to bring a court action in cases of unfair competition?
I & II. |
Only III. |
II & III. |
Only III. |
I, II & III. |
Article 56 explicitly lists those who are entitled to bring a court action in cases of unfair competition. Accordingly the following can take the following legal actions: i. Persons whose economic interest are damaged or jeopardized, ii. Customers whose economic interests are infringed, iii. Professional or economic associations. Therefore, the correct option is E.
15.Soru
Which of the following isn’t examined in the preliminary examination stage?
Procedural requirements and preliminary objections |
Boundaries of the dispute |
Preparatory proceedings and proceedings necessary for the parties to present evidence and for the discovery of evidence |
Encouraging parties for settlement or mediation in actions on which they may freely act |
Merits of the case |
Preliminary examination is for the determine formal convenience.
16.Soru
In which case is the person subject to criminal liability as per "actus reus"?
A daughter who murdered her mother while sleepwalking |
A poor father stealing bread to feed his family |
A man getting injured by a person who was pushed by a friend |
A person that was injected hallucinogenics shooting with a gun |
A schizophrenic person assaulting another |
The objective element- also called physical or external element- that describes a voluntary act or omission, refers to the part of the definition of the offense in the statutory law which relates to the actions of the perpetrator and their consequences. A person can be legally responsible for his/her voluntary bodily movements and, in some cases, speech, but not for the effects that are beyond his/her control.
17.Soru
Which of the following is the highest administrative court in the organization of administrative courts and the last instance court for judgments rendered by administrative courts and district administrative courts in the Turkish legal system?
Tax Court |
Council of Ministers |
Court of Accounts |
Council of State |
Court of Appeal |
In the Turkish legal system, the procedure for judicial review of administration and organization of the administrative courts are laid down in three different pieces of legislation namely Law on Council of State (Law No 2575), Law on the Organization and Duties of the Regional Administrative Courts, Administrative and Tax Courts (Law No 2576), and Law on the Procedure of Administrative Justice (Law No 2577). The Council of State is the highest administrative court in the organization of administrative courts according to the article 155 of the Constitution, and also the last instance court for judgments rendered by administrative courts and district administrative courts in the Turkish legal system.
The correct answer is D.
18.Soru
When did the Code of Civil Procedure enter into effect in Turkey?
2011 |
2012 |
2013 |
2014 |
2015 |
The Code of Civil Procedure (Hukuk Muhakemeleri Kanunu), the main source of the civil procedure in Turkey, was passed by the Parliament in the early 2011 and entered into effect in the late 2011. The correct answer is A.
19.Soru
Which legal tradition Turkey follows?
Common law |
Case law |
British law |
Islamic law |
Civil law |
Turkey follows the civil law system.
20.Soru
Criminals are imprisoned for a period of time for the sake of public safety. What is the type of this punishment?
General deterrence. |
Specific deterrence. |
Rehabilitation. |
Retribution. |
Incapacitation. |
Executing a criminal is the most extreme form of rendering a person incapable of committing future crimes. Criminals restrained in prison cannot cause further harm to the general public during the length of their sentence. Therefore, the correct option is E.
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