Introduction to Law Final 7. Deneme Sınavı
Toplam 20 Soru1.Soru
What is the title of the contract signed by parties to establish a new company?
Articles of Association |
Shareholder Agreement |
Contract of Shareholders |
Company Contract |
Basic Association |
That kind of contract is called with Articles of Association (AoA).
2.Soru
Society may seek to prevent a criminal from committing other crimes by forcing that person to undergo training, psychological counseling, or some form of moral or social education as to the need for law-abiding patterns of behavior. What is the type of this punishment?
General deterrence. |
Specific deterrence. |
Rehabilitation. |
Retribution. |
Incapacitation. |
Society may seek to prevent a criminal from committing other crimes by forcing that person to undergo training, psychological counseling, or some form of moral or social education as to the need for law-abiding patterns of behavior. If successful, rehabilitation will allow the individual to reenter society as a productive human being. Therefore, the correct option is C.
3.Soru
Which one of statements about theories of punishment is true?
Absolute theories of punishment –revenge,retribution, atonement- look back to the past, tothe criminal deed and aim at balancing the harm done. |
Unification focuses on preventing the repetitive behaviours rather than on what has happened before. |
According to relative theories of punishment, society shall threaten to punish and the penalty shall be pronounced and executed with the aim of protecting society against further offenses but all this shall be done in a way adequate to the wrong doers’ guilt. |
Executing a criminal is not the most extreme form of rendering a person incapable of committing future crimes. |
Punishment may not express themoral condemnation of the community and is a lawful means of avenging a wrong. |
Absolute theories of punishment –revenge,retribution, atonement- look back to the past, tothe criminal deed and aim at balancing the harm done. Relative theories of punishment, namely theprevention theories, focus on preventing the repetitive behaviours rather than on what has happened before. According to the unification, society shall threaten to punish and the penalty shall be pronounced and executed with the aim of protecting society against further offenses but all this shall be done in a way adequate to the wrongdoers’ guilt.
4.Soru
Which of the following is not an example of unfair competition?
Using trademark of a well-known coffee company on a sign or coffee cup made by a competing coffee roaster |
Stealing "secret recipe" of a hamburger competitor |
Making exaggerated and misleading claims about benefits of a type of food |
Imitating or counterfeiting distinctive peculiarities of an article |
Advertising on social media |
Unfair competition includes advertisement and sales methods that violate the rule of good faith, inducement breach or termination of contract, unauthorized utilization of others’ business products, revealing production and business secrets unlawfully, not complying with general business conditions, and using general business terms and conditions that violate the rule of good faith. Therefore, the cases provided in the first four options are examples of unfair competition. However, under normal circumstances, advertising on social media does not constitute unfair competition.
The correct answer is E.
5.Soru
Which of the followings is not one of the types of sub-contractual freedom?
Freedom to enter into a contract |
Freedom to determine the court that will settle any dispute arising from a contract |
Freedom to choose the type and subjectmatter of a contract |
Freedom to choose the other party of a contract |
Freedom to withdraw a contract |
Contractual freedom may be summarized as five different types of sub-freedoms: 1. Freedom to enter into a contract, 2. Freedom to choose the other party of a contract, 3. Freedom of form, 4. Freedom to withdraw a contract and 5. Freedom to choose the type and subjectmatter of a contract. The correct answer is B.
6.Soru
I. Semiotic interpretation requires an investigation into the semantic content and the syntactic structure of a provision. II. Genetic interpretation is an inquiry into the meaning of legal terms as intended by the historical legislator.III. Objective-teleological interpretation is an inquiry into the actual intention of the legislator, which is, therefore, a variation of historical interpretation. Which statement(s) is/are true?
Only III |
I, II and III |
I and II |
Only II |
II and III |
Objective-teleological interpretation: This form of teleological interpretation requires an inquiry with respect to the sense and purpose of the norm to be applied. It is about the reasonable goals and policy considerations behind the norm to be applied. So statement III is false.
7.Soru
Which one of the below must be stated in the Articles of Association?
The date the company is founded on |
Salaries of the employees |
Dates/frequency of general assembly meetings |
The number of branches and personnel |
Special privileges for persons, if any |
The following should be stated in the Articles of Association:
• Headquarters and corporate title of the company
• The objectives of the company
• Capital, nominal value of shares, number of shares and the terms of payment
• In case of capital commitment in kind (rather than or together with cash), the value appraised for the in kind capital
• Special privilegesif any, fortheshareholders, directors or other persons
• Provisions concerning the election of the members of Board of Directors and statutory auditors; their rights and duties and the persons authorized to represent the company
• Rules of general assembly meetings (quorum etc)
• The duration of the company
• The form of announcements of the company
• Portion of the capital each shareholder has undertaken
8.Soru
Which one of the following is true about adultery?
It is a criminal offense punishable by imprisonment. |
It is a criminal offense punishable by fine. |
It constitues a criminal offense for only men. |
It constitues a criminal offense for only women. |
It does not constitute a criminal offense. |
Adultery was a punishable criminal offense according to Article 440 (men adultery) and
441(woman adultery) of the Turkish Penal Code numbered 765 (‘TPC’), which aimed to protect the institution of marriage and children. The crime of adultery damaged not only the institution of family, but also the public order.
• In 1996, the Turkish Constitutional Court decided that adultery would no longer
constitute a criminal offense for men, while Article 441 regarding the woman adultery
remained valid.
• In 1999, Article 441 of the TPC that required imprisonment for women convicted of adultery was repealed.
• From this date on, adultery would no longer constitute a criminal offense, while remaining as a cause of action for divorce under Article 161 of theTurkish Civil Code.
9.Soru
Which one is an example of an omission that is subject to criminal liability?
Not entering a building on fire to save someone |
Not interfering with armed bank robbers |
Not assisting a physically challenged man with his needs |
Not taunting a wild animal to protect a child |
Not going on the road to push someone while a speeding car is about to hit that person |
The duty derives from rendering assistance to someone in danger. Note that the Code creates a duty to act only to the extent that the citizen can do it without danger to self; further, only intervention to the extent of one’s abilities is required. This
means, for instance, that if a person cannot swim, he/she is not required to jump in the river to save a drowning person; he/she would have a duty, however, to alert others or to help the drowning victim by throwing in a life ring or doing some other affirmative act.
10.Soru
“A person who is injured or is in danger of suffering damages can ask for ……….on the “unfairness” of the act.”
Fill the blank with correct word?
Action for declaratory relief |
Termination |
Action for restitution of the unlawful situation |
Action for damages |
Publication of the Judgement |
The blank must be filled with declatory relief, because it s about asking judge to determine the unfairness of the act. Action for declaratory relief fits the sentence.
11.Soru
Which one of statements about objective and subjective element is true?
The objective 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. |
As a general rule, omission does not attract 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. |
A person can not also be held criminally liable for mere nonfeasance when he/she is under a legal duty to avert a particular harmand neglects to fulfill that duty. |
According to the TPC, gross negligence infailing to perform one’s duties may attach criminalliability, if there is a death or serious injury. |
Consequently, a person can also be heldcriminally liable for mere nonfeasance when he/she is under a legal duty to avert a particular harmand neglects to fulfill that duty. If a person hasviolated a legal duty to avert the harm as defined in an offense description and the harm has occurred,the person becomes liable only if he/she could haveaverted the harm by fulfilling the duty to act.
12.Soru
If a debtor becomes insolvent, this insolvency must be resolved for better or worse. Therefore, there are different courses that may be pursued or utilized according to the attributions of the debtor or the debts. Debts may be restructured, bankruptcy may be postponed, or if all else fails, the assets of the debtor may be liquidated and her creditors get to be compensated.
Which of the following terms is defined in the above paragraph?
If a debtor becomes insolvent, this insolvency must be resolved for better or worse. Therefore, there are different courses that may be pursued or utilized according to the attributions of the debtor or the debts. Debts may be restructured, bankruptcy may be postponed, or if all else fails, the assets of the debtor may be liquidated and her creditors get to be compensated.
Which of the following terms is defined in the above paragraph?
Civil procedure |
Complaint procedure |
Individual enforcement |
Collective enforcement |
Attachment |
Compulsory enforcement law in general comprises of two major parts. While first part of the discipline deals with individual debt recovery and is called individual enforcement, the latter deals with the creditors and assets of a debtor as a whole and is appropriately called collective enforcement.
If a debtor becomes insolvent, this insolvency must be resolved for better or worse. Therefore, there are different courses that may be pursued or utilized according to the attributions of the debtor or the debts. Debts may be restructured, bankruptcy may be postponed, or if all else fails, the assets of the debtor may be liquidated and her creditors get to be compensated. These methods constitute collective enforcement.
The correct answer is D.
13.Soru
Which of the followings is the principle that forsees "a person should not be convicted or punished except in accordance with a previously declared offense"?
Non-retroactivity principle. |
Principle of maximum certainty. |
Thin-ice principle. |
Principle of strict construction. |
Presumption of innocence. |
The non-retroactivity principle forsees that a person should not be convicted or punished except in accordance with a previously declared offense. Therefore, the correct option is A.
14.Soru
The subjective element – also called the mental element- in crime is one of the most significant concepts of substantive criminal law. In general terms, an accused is held liable only if he/she has “…………...”.
What is the most appropriate term for the blank given above?
Mens rea |
External element |
Actus reus |
Ommisions |
Resbonsibility |
The subjective element – also called the mental element- in crime is one of the most significant concepts of substantive criminal law. In general terms, an accused is held liable only if he/she has “Mens rea”. Mens rea is the state of mind or, in the case of negligence, the failure to attain a certain standart of behaviour which the offense definition requires before the accused can be convicted. The correct answer is A.
15.Soru
Which of the following in true about legality principles?
Acts can be punished based on customs. |
Acts can be punished retroactively. |
Acts can be punished based on morality. |
Statutory prohibition can be extended by analogy. |
Criminal prohibitions must be definite. |
There are four main legality principles;
1. Punishability requires a written act of parliament and cannot be based on custom. (No Punishment without Law)
2. Criminal prohibitions must determine the prohibited conduct, they must be definite (the principle of certainty)
3. Acts cannot be punished retroactively. (the principle of non retroactivity) The penalty and any ancillary measures shall be determined by the law which is in force at the time of the act. If the penalty is amended during the commission of the act, the law in force at the time the act is completed shall be applied. If the law in force at the time of the completion of the act is amended before judgment, the most lenient law shall be applied. A law intended to be in force only for a determinate time shall be continued to be applied to acts committed while it was in force even after it ceases to be in force, unless otherwise provided by law.
4. The statutory prohibition cannot be extended by analogy to conduct not covered by the ordinary meaning of the words used. (the principle of the interdiction of analogy). The ECHR, with its Article 7, defines the principle as ‘No one shall be held guilty of any criminal offense on account of any act or omission which did not constitute a criminal offense under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offense was committed.’
16.Soru
Which of the following statements about the interpretation of contracts is false?
The words of a contract should be construed in their grammatical and ordinary senses, except to the extent that some modification is necessary in order to avoid absurdity, inconsistency, or repugnancy. |
If there is something in the context to displace the presumption that it was intended to carry its technical meaning, ordinary meaning should be given to it by the court. |
In the common law of contracts, the expression of a term which the law implies as a necessary part ofIn the common law of contract the contract has no greater effect than the implied term would have had is also employed in interpreting contract |
In the common law of contracts,where the words of a contract are capable of two meanings, one of which is lawful and the other unlawful, the present construction should be preferred is also employed in interpreting contract. |
In the common law of contracts, a contract will be construed so far as possible in such a manner as not to permit one party to it take advantage of his wrong is also employed in interpreting contract. |
In the common law of contracts, where the words of a contract are capable
of two meanings, one of which is lawful and the other unlawful, the former construction should be preferredis also employed in interpreting contracts.
17.Soru
How many minimum and maximum partners could a limited liability company have?
2 to 10 |
1 to 10 |
3 to 5 |
2 to 50 |
1 to 50 |
Limited liability companies consist of minimum 2 – maximum 50 shareholders.
18.Soru
Which one does not count as economical violence?
Not giving Money or compulsory requirements |
Preveting a family member who wants to work |
Calling someonewith nicknames like stingy etc |
Confiscating a family members property |
Not giving information about familys financal status |
Calling someonewith nicknames like stingy etc does not count as economical violences.
19.Soru
Which statement about interpretation is false?
In the common law tradition, textual interpretation is covered by the term “literal rule". |
The mischief rule in common law is akin to the legislative intent in the civil law tradition. |
If one adopts the subjective theory, the literal and historical interpretation shall absolutely prevail over the teleological interpretation. |
The systematic interpretation is a significant canon of construction in the public law tradition. |
In some areas of law such as criminal law, arguments based on the wording of the norm have strict priority over other canons of interpretation. |
Systematic interpretation looks at the context of a norm; hence, it involves an investigation into the relations between the norm to be applied and other relevant norms and codes of the same legal system. The systematic interpretation is a significant canon of construction in the civil law tradition.
20.Soru
Which article of the CoCP defines the capacity to be a party and makes referral to the Turkish Civil Code?
Article 50. |
Article 71. |
Article 81. |
Article 90. |
Article 40. |
Article 50 of the CoCP defines the capacity to be a party and makes referral to the Turkish Civil Code. Therefore, the correct option is A.
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