Introduction to Law Final 9. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following options provides all three key elements of a commercial enterprise?
Trade registry / Ability to compete / Corporate governance |
Generation of income above a certain threshold / Continuity / Independence |
Independence / Competition / Corporate title |
Capital commitment / Board of Directors / Management |
Shareholders General Assembly / Board of Directors / Statutory Auditors |
According to Article 11/1 of the Turkish Commercial Code, the key elements of a commercial enterprise are the will and ability to generate income above a certain threshold, continuity and independence.
The correct answer is B.
2.Soru
I. Customary law
II. Penal/Criminal Code
III. Judiciary
IV. Executive
Which of the sources given above are accepted as a source of criminal law?
I – II – III |
I – II – IV |
I – III – IV |
II – III – IV |
I – II – III – IV |
Sources of criminal law are classified under three different topics: Legislature (Penal/Criminal Code and other statutes), Judiciary and Executive. Customary law could be accepted as a source in private/civil law but not in criminal law. The correct answer is D.
3.Soru
When is Law No.4054 on the Protection of Competition adopted?
1994 |
1999 |
2005 |
2009 |
2012 |
That one is adopted in 1994.
4.Soru
What is the oldest codification in the history?
The law of the Athenian statesman Solon |
Twelve tables |
The Code of Hammurabi |
Corpus Juris Civilis |
Napoleonic Codification Movement |
The Code of Hammurabi is the oldest codification in the history (1760 BC).
5.Soru
How old must real persons be to get the capacity to act?
12 |
15 |
16 |
18 |
21 |
In Turkey, real persons gain their capacity to act when they complete 18 years.
6.Soru
When the general public observes criminals being punished for their crimes, the public is deterred from criminal conduct for fear of similar punishment. What is the type of this punishment?
General deterrence. |
Specific deterrence. |
Rehabilitation. |
Retribution. |
Incapacitation/restraint. |
When the general public observes criminals being punished for their crimes, the public is deterred from criminal conduct for fear of similar punishment. The effectiveness of this rationale depends on the degree of punishment and the degree of certainty that criminals will be caught, convicted, and punished. Therefore, the correct option is A.
7.Soru
With which of the following actions is a court requested to create a new legal status, or modify the substance of an existing legal status, or terminate it?
Declaratory action |
Action with gradual demand |
Action for performance |
Constructive action |
Action with alternative demand |
An action (dava) is a legal remedy sought from the court by the person of a right that is claimed to be harmed, against the person who is claimed to have harmed the mentioned right. There are three types of actions according to the legal remedy sought:
(1) Actions for performance (eda davaları)
(2) Declaratory actions (tespit davaları)
(3) Constructive actions (inşai davalar)
A court requested to create a new legal status, or modify the substance of an existing legal status, or terminate it with constructive action. The correct answer is D.
8.Soru
What does mean of "a fact that prevents the birth of a right or results in the termination of the right"?
Statute of limitations |
Objection |
Defenses |
Obligation |
Counter-action |
Objection is a fact that prevents the birth of a right or results in the termination of the right, e.g. termination of an obligation on account of performance. Objections may be examined by the court ex officio, provided that they are determinable in the case file.
9.Soru
Which of the following one can be defined as a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed?
Constitution |
Administration |
State |
Governing |
Law |
The main subject of constitutional law is the form and main organs of the State, structure and
functions of State organs and fundamental rights and freedoms.
10.Soru
What is the age for the extraordinary marriage?
14 |
15 |
16 |
17 |
18 |
In Turkish law the normal marriage age is the completion of 17 years of age, with the consent of the parents, and the extraordinary marriage age is the completion of 16 years of age, with the court decision. The correct answer is C.
11.Soru
Which of the following is not one of the main stakeholders involved in the process of liquidation?
Board of trustees |
Compulsory enforcement court |
Debtor |
Bankruptcy agency |
Arbitrator |
Liquidation starts in a bankruptcy agency, which is a public agency. Bankruptcy agency begins the liquidation proceedings by cataloguing the assets of the debtor and calling for the creditors to make their claims. In regular procedure, the liquidation is carried out by the participation of the creditors. The creditors hold a meeting and determine the candidate for the board of trustees. The compulsory enforcement court then appoints three persons from the candidates as the board of trustees. The board represents the estate of bankruptcy and carries out the liquidation process according to the CCEB and the decisions made by the creditors. An arbitrator does not play a role in this process. The correct answer is E.
12.Soru
“…..is a legal remedy sought from the court by the person of a right that is claimed to be harmed, against the person who is claimed to have harmed the mentioned right.”
Fill the blank with correct term?
Procedure |
Civil law |
Plaintiff |
Omission |
Action |
Action (dava) fits the sentence.
13.Soru
A hunter sees a bear behind bushes and shoots towards that place. But in fact he shoots the helper. What is the excuse that relieves criminal responsibility of the hunter?
Necessity |
Rescklesness |
Mistake of fact |
Mistake of law |
Actus reus |
A mistake of fact occurs whereby the perpetrator violates criminal law since his/her grasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would not have acted in the way he did had he/she known the facts of the case. In our case, A hunter mistakes a helper for a bear and shoots the helper. In this case, he does not have the intent to kill a human being and cannot be punished because of “mistake of fact”. The correct answer is C.
14.Soru
"The purpose of the action is generally to ascertain a legal ground for a future action for damages, indirectly to prevent damage from acts of unfair competition or to stop the running of the statue of limitations."
Which type of legal action is described above?
Action for declaratory relief. |
Termination. |
Action for restitution of the unlawful situation. |
Action for damages. |
Publication of the Judgement. |
Action for declaratory relief: A person who is injured or is in danger of suffering damages can ask for a declaratory judgement on the “unfairness” of the act. The unfairness of competition and existence of damages - if any - are to be proved by the claimant under the general rules of tort and law of civil litigation procedure. The purpose of the action is generally to ascertain a legal ground for a future action for damages, indirectly to prevent damage from acts of unfair competition or to stop the running of the statue of limitations. Therefore, the correct option is A.
15.Soru
"People should have sufficiently certain and clear warnings about the forbidden conducts."
Which of the following governing principles of criminal law is defined above?
Principle of maximum certainty |
Principle of proportionate response |
Principle of fair labelling |
Principle of strict construction |
Presumption of innocence |
The principle of maximum certainty, one of the principles that lie at the core of modern criminal law, suggests that people should have sufficiently certain and clear warnings about the forbidden conducts. The correct answer is A.
16.Soru
I. Headquarters and corporate title of the company
II. Objectives of the company
III. Capital, nominal value of shares, number of shares and the terms of payment
IV. Special privileges for the shareholders, directors or other persons
Which of the listed above should be stated in the Articles of Association?
Only I. |
I & II. |
I, II & III. |
I, II, III & IV. |
Only IV. |
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 privileges if any, for the shareholders, 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. Therefore, the correct option is D.
17.Soru
Which of the followings is the main source of Turkish Civil Code?
Swiss law |
The French Code Napoleon |
German BGB (Bundesgesetzbuch) |
Common law |
Islamic law |
The Civil Code was effective till 1 January 2002, and the Code of Obligations was effective till 1 July 2012. Then they have been replaced by the new Civil Code and the new Code of Obligations consecutively, but the new versions are also following the nearly the same modernisation pattern of the Swiss laws, therefore they are also no different from the existing Swiss originals mainly. The correct answer is A.
18.Soru
In which of the following options the three sources of Civil Procedure are provided?
Code of Civil Procedure - Court of Cassation opinions - Legal literature |
Judges - Court of Cassation - Legislation |
Judges - Lawyers - Prosecutors |
Courts of First Instance - Council of State - Penal Code |
Constitutional Court - Turkish Civil Code - Code of Civil Procedure |
There are three main sources of the civil procedure in Turkey. The essential source of the civil procedure in Turkey is the Hukuk Muhakemeleri Kanunu (Code of Civil Procedure –CoCP-).
The second source of Turkish civil procedure is the Court of Cassation (CoC) opinions. Since Turkey does not have a case-law legal system, the source value of the CoC opinions is mainly ancillary to the statutes, with the exception of “consolidation of opinions”, possessing the power of a statute, which is very rarely issued by the CoC.
Third source of Turkish civil procedure is the legal literature.
The correct answer is A.
19.Soru
As a part of the legal process, which of the followings is the definition of procedural norms?
The ones which detail the progress of laws and legal process. |
The ones in which the fundamental legal definitions are made. |
The ones which clarify the sentences vis-a-vis a crime. |
The ones in which the parts of the constitution are listed. |
The ones which stipulate the preamble of the laws. |
Procedural norms arrange and put forward the general outline and progress of laws. Therefore, the correct answer is A.
20.Soru
What is the typical punishment for any person causing death of a person due to failure to perform a legal obligation or requirement?
imprisonment of twelve years to twenty years |
heavy life imprisonment |
imprisonment of ten years |
life imprisonment |
criminal fine |
According to the Turkish Penal Code, gross negligence in failing to perform one’s duties may attach criminal liability, if there is a death or serious injury. Any person causing death of a person due to failure to perform a legal obligation or requirement is basically punished with imprisonment of twelve years to twenty years instead of heavy life imprisonment. The correct answer is A.
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