Introduction to Law Final 8. Deneme Sınavı
Toplam 20 Soru1.Soru
"A person should not be convicted or punished except in accordance with a previously declared offense."
Which of the following principles of the criminal law does this statement define?
Non-retroactivity principle |
Thin-ice principle |
Maximum certainty principle |
Minimal intervention principle |
Proportionate response principle |
Modern criminal law is governed by a number of principles including the non-retroactivity principle which requires that "a person should not be convicted or punished except in accordance with a previously declared offense".
The correct answer is A.
2.Soru
Which one is not element of capacity to act?
Come of age |
be unrestricted |
be enthusiastic |
be intelligent |
have the power to distunguish |
Be intelligent is not element of capacity to act. Another ist element of capacity to act.
3.Soru
I. Civil law has its roots mainly in Roman law.
II. Turkey is a continental law country.
III. Civil law draws abstract rules from specific cases.
Which of the statements given above is/are correct?
Only I |
Only II |
I – II |
I – III |
II – III |
Civil law has its roots mainly in Roman law. Turkey is also a civil law, in other words continental law country. Anglo-Saxon law (not civil law) draws abstract rules from specific cases. Statement (III) is wrong. The correct answer is C.
4.Soru
Which one of the following is an acquired property of a spouse?
Personal items used only by one spouse |
The salary which the spouse gets from their job |
A house inherited from a late relative |
A car that the spouse had before marriage |
Immaterial compensation |
The acquired property of a spouse comprises:
1. The proceeds from his or her employment
2. Benefits received from social security, social welfare institutions and staff welfare schemes,
3. Compensation obtained for inability to work,
4. Income derived from his or her own individual property,
5. Property acquired to replace acquired property.
On the other hand, a spouse’s individual
property comprises:
1. Personal items used exclusively by that spouse,
2. Assets belonging to one spouse at the beginning of the matrimonial property regime or acquired later at no cost by inheritance or otherwise (for example, donation),
3. Immaterial (moral) compensation,
4. Acquisitions that replace individual property.
5.Soru
I. Civil procedure is a formal discipline.
II. Civil procedure is interested in crimes like theft, bribery and murder.
III. The essential source of the civil procedure in Turkey is the Hukuk Muhakemeleri Kanunu.
Which of above are true?
Only I |
Only II |
I and II |
I and III |
II and III |
Civil procedure doesn’t interested in crimes; crimes are contents of criminal law. Others are true.
6.Soru
Which one of followings concerning the principle of legality is false?
Punishability does not requires a written act ofparliament and cannot be based on custom. |
The legality principle ‘Nulle Poena Sine Lege, Nullum Crimen Sine Lege,’ which states that an act may only bepunished if criminal liability had been established by law before the act was committed. |
Criminal prohibitions must determine the prohibited conduct, they must be definite (the principle of certainty) |
Acts cannot be punished retroactively. (the principle of non retroactivity) |
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) |
Punishability requires a written act ofparliament and cannot be based on custom.(No Punishment without Law)
7.Soru
"------------------- is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services."
Which of the following is defined above?
"------------------- is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services."
Which of the following is defined above?
Capital |
Competition |
Market |
Fair Trade |
Commerce |
Competition is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services. Competition is 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.
The correct answer is B.
8.Soru
“In general, criminal law systems distinguish two forms of complicity: ………and………”
Fill the blanks?
Incitement – criminal attempt |
Criminal attempt – negligence |
Incitement – intention |
Incitement – assistance |
Assistance – voluntary act |
Incitement and assistance are the forms of complicity in criminal law systems.
9.Soru
Which country was the origin of Turkey’s former Civil Procedure Code?
Germany |
Switzerland |
England |
United States of America |
Norway |
Turkish former Code of Civil Procedure which was effective from 1927 to 2011 was adopted from Switzerland.
10.Soru
I. Even the meaning of a statute or concept is plain and clear, the other types of interpretation must be used.
II. According to the systematic interpretation, judges have the duty to search for what the legislature meant when enacting the text, which raises the question of how the intention of the legislator is to be ascertained in such a case.
III."Cessante ratione legis cessat ipsa lex" is a teleological method which takes into account the so-called ‘nature of the thing’.
Which of the statement(s) is/are true?
I and II |
I and III |
II and III |
Only II |
Only III |
Sentence I is false, because interpretation stops when a text is clear. And also sentence II is false, because according to the historical interpretation, judges have the duty to search for what the legislature meant when enacting the text.
11.Soru
Which is one of the liablity of engagement?
Liablity of accompaniment |
Liability of inheritance |
Liability of loyalty |
Liability of visit |
Liability of felicity |
Liability of loyalty is one of the liability of engagement.
12.Soru
Which of the followings is not considered among the acquired property of a spouse?
Property acquired to replace acquired property. |
Benefits received from social security, social welfare institutions and staff welfare schemes. |
Income derived from his or her own individual property. |
Property acquired from former engagements. |
Compensation obtained for inability to work. |
Property from previous engagements is not among the acquired property of a spouse. Therefore, the correct option is D.
13.Soru
I. Customers
II. Professional Associations
III. Economic Associations
Which of the above may bring a legal action against cases of unfair competition?
Only II |
Only III |
I and III |
II and III |
I, II and 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: Any person whose
economic interests are damaged or endangered by unfair competition is entitled to claim remedies against unfair competition. Every competitor who has suffered damages is entitled to take a legal action.
ii. Customers whose economic interests are infringed: Customers have the standing to sue
only where their economic interests are injured. For customers to have a cause of action there must be actual damages. Prospective damages is not sufficient.
iii. Professional or economic associations: Professional and economic associations such as chambers of commerce, unions, consumer associations etc. established to safeguard the economic interests of their members are only entitled to bring actions for declaratory relief, prohibition, and termination of unfair competition.
14.Soru
Which of the following is not a stage of action in written civil procedure?
Pleadings |
Preliminary examination |
Trial |
Written arguments |
The judgement |
There are two types of procedure sets in civil procedure: written procedure and simplified
procedure. The written procedure is the principle procedure.
In written procedure, there are five separate stages of action. The court is not permitted to
commence a stage before completing the previous one. The stages of the action in civil procedure are:
(1) Pleadings
(2) Preliminary examination
(3) Trial
(4) Oral arguments
(5) The judgment
15.Soru
Which one of followings about crime is true?
Criminal law is not wider than murder, theft, assault and rape. |
It should be noted that a certain conduct which is contrary to criminal law at one point in time may not be regarded as criminal afterwards or in another country. |
A crime is not ‘an act committed or omitted in violation of public law, either forbidding or commanding it’. |
Crimes are not described and distinguished from other acts or omissions with respect to giving rise to judicial proceedings andthe prospect of state punishment. |
A crime is not ‘an act that is capable ofbeing followed by criminal proceedings having one of the types of outcome (punishment etc.)known to follow these proceedings’. |
It is the values and culture of a particular society which determine what conducts are regarded as criminal. It should be noted that a certain conduct which is contrary to criminal law at one point in time may not be regarded as criminal afterwards or in another country. Although there are a number of definitions concerning ‘whatcrime is’, the definition of Blackstone, a famous English jurist, stands out as the most remarkable and comprehensible.
16.Soru
What does mean of "reasoning that moves from general premises, which are known or presumed to be known, to certain conclusions"?
incomplete induction |
Analogy |
Induction |
Deduction |
Interpretation |
Deduction means reasoning that moves fromgeneral premises, which are known or presumed to be known, to certain conclusions. Induction, by contrast, is reasoning that moves from specific cases to more general, but uncertain, conclusions.
17.Soru
Which of the following is not an example of unfair competition?
Advertisement and sales methods that violate the rule of good faith and other illegal acts |
Revealing production and business secrets unlawfully |
Unauthorized utilization of others’ business products |
Offering customers a flexible menu of products and services without tying one product to another |
Not complying with general business conditions |
"Offering customers a flexible menu of products and services without tying one product to another", in other words, offering independent products to customers, is an example of fair competition. The correct answer is D.
18.Soru
Which one of statements about the general and special parts of criminal law is true?
Criminal law consists of two sections: a general and a special part. |
In general, principles thatare applied to every kind of crime regulated inthe special part, are located in the general part. |
The special part of criminal law defines specific crimes, according to the principles set out in the general part. |
The specific principles are the fundamental regulations and apply, without exception, to defined crimes in special part. |
Defining the specific crimes and arranging them into the groups by subject matter pertain to thespecial part of criminal law. |
The general principles are the fundamental regulations and apply, without exception, to defined crimes in special part.
19.Soru
Which of the following countries is referred as the land of legal science?
Germany. |
Sweden. |
Switzerland. |
Turkish Republic. |
The USA. |
Germany is occasionally referred to as the land of Rechtswissenschaft, which literally means “legal science”. Germany is, therefore, known for its seemingly relentless legal conceptualism and systematization. Therefore, the correct answer is A.
20.Soru
Which of the following refers to the action or practice of persuading someone to do something by improper use of force or threat?
Coercion |
Provocation |
Mistake |
Necessity |
Diminished responsibility |
The traditional defence of coercion covers situations where the defendant has been forced by another to break the law under a direct threat of death or serious personal injury to himself/herself or someone else. The correct answer is A.
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