Introduction To Law (ENG) - Tüm Sorular
Ünite 1
Soru 1
Choose the option that completes the following sentence correctly.
"A .......... contract is a contract that has no legal force from the moment of its making."
"A .......... contract is a contract that has no legal force from the moment of its making."
Seçenekler
A
voidable
B
legal
C
void
D
normative
E
formal
Açıklama:
A void contract is a contract that has no legal force from the moment of its making.
Soru 2
Which of the following is NOT among the functions of law?
Seçenekler
A
Promoting freedom
B
Preserving order
C
Imposing duties
D
Resolving disputes
E
Ensuring prosperity
Açıklama:
Ensuring prosperity is not moang the functions of law.
Soru 3
Choose the option that completes the following sentence correctly.
"As a legal concept, the .......... is the body of laws, rules, regulations, and customs that apply to the relations between the members of a certain society."
"As a legal concept, the .......... is the body of laws, rules, regulations, and customs that apply to the relations between the members of a certain society."
Seçenekler
A
duty
B
order
C
freedom
D
security
E
conduct
Açıklama:
As a legal concept, the order is the body of laws, rules, regulations, and customs that apply to the relations between the members of a certain society.
Soru 4
Choose the option that completes the following sentence correctly.
"According to .........., law is nothing than a collection of valid rules, commands, or norms."
"According to .........., law is nothing than a collection of valid rules, commands, or norms."
Seçenekler
A
Positive Law
B
Natural Law
C
Marxist Theory of Law
D
Justice Theory
E
Order Theory
Açıklama:
According to Positive Law, law is nothing than a collection of valid rules, commands, or norms.
Soru 5
Choose the option that completes the following sentence correctly.
"According to .........., law cannot be a neutral body of rules which guarantees liberty and legality."
"According to .........., law cannot be a neutral body of rules which guarantees liberty and legality."
Seçenekler
A
Natural Law
B
Positive Law
C
Marxist Theory
D
Order Law
E
Justice Theory
Açıklama:
According to Marxist Theory, law cannot be a neutral body of rules which guarantees liberty and legality.
Soru 6
Choose the option that completes the following sentence correctly.
"Despite wide variety of sub-traditions the civil law tradition has but one initial source: the ..........."
"Despite wide variety of sub-traditions the civil law tradition has but one initial source: the ..........."
Seçenekler
A
Criminal Law
B
Ottoman Law
C
Latin Law
D
Public Law
E
Roman Law
Açıklama:
Despite wide variety of sub-traditions the civil law tradition has but one initial source: the Roman Law.
Soru 7
Which of the following is among the basic characteristics of the traditional common law?
Seçenekler
A
It is codified.
B
It is not made by Parliment.
C
It is based on Roman Law.
D
It is based on Latin Law.
E
It is based on civil law.
Açıklama:
The traditional common law is not made by the parliment.
The traditional common law is not made by Parliment.
The traditional common law is not made by Parliment.
Soru 8
Which of the following is among the characteristics of civil law tradition?
Seçenekler
A
It is unwritten.
B
It is based on cases.
C
Precedent has supreme position.
D
There is a jury system.
E
It is based on codes.
Açıklama:
Option E is a characteristic of civil law tradition, the other options are the characteristics of common law tradition.
Soru 9
Which of the following is NOT among the major religious legal traditions of the world?
Seçenekler
A
Islamic Law (Sharia Law)
B
Canon Law
C
Jewish Law (Talmudic Law)
D
Budist Law
E
Hindu Law
Açıklama:
Budist Law is not one the major religious laws.
Soru 10
Which of the following is a main source of law in civil law system?
Seçenekler
A
Customary Law
B
Decisions of Judges
C
Case Law
D
Doctrine
E
Teachings of Judges
Açıklama:
Option A is main source of law, the other options are secondary sources of law.
Soru 11
Which of the following is not a characteristic of law?
Seçenekler
A
Law is set of general rules applicable to all cases
B
Legal rules are binding
C
Laws are collectively enforced by the police or court
D
Laws are man-made, created by legislature or judiciary
E
Laws must manifest the will of Divine authority
Açıklama:
Correct answer is E
Soru 12
I- Preserving order
II- Achieving justice
III- Protecting rights
IV- Imposing duties
Which are functions of law?
II- Achieving justice
III- Protecting rights
IV- Imposing duties
Which are functions of law?
Seçenekler
A
I, II and III
B
I, II and IV
C
I, III and IV
D
II, III and IV
E
I, II, III and IV
Açıklama:
Correct answer is E
Soru 13
What does the statement 'the eyes of justice are blind' imply about the idea of justice?
Seçenekler
A
That the privileged should be favored
B
That the society should be divided along level of wealth
C
That government officials need to be recognized greater powers
D
That courts need to focus on state security
E
That all cases should be treated equally in complete neutrality
Açıklama:
Correct answer is E
Soru 14
What does the ancient principle lex talionis meaning ‘an eye for an eye, a tooth for a tooth’ refer to?
Seçenekler
A
Reformative justice
B
Corrective justice
C
Supreme justice
D
Sublime justice
E
Ordering justice
Açıklama:
Correct answer is corrective justice
Soru 15
'Law is nothing than a collection of valid rules, commands, or norms.' What does this definition refers to?
Seçenekler
A
Natural law
B
Negative law
C
Positive law
D
Ordering law
E
Corrective law
Açıklama:
Correct answer is positive law.
Soru 16
Which of the following is not considered part of the public law?
Seçenekler
A
Commercial law
B
Constitutional law
C
Administrative law
D
Criminal law
E
International law
Açıklama:
Correct answer is commercial law
Soru 17
Which of the following is the oldest legal code in history?
Seçenekler
A
The Code of Hammurabi
B
The Law of Solon
C
Twelve Tables
D
Corpus Juris Civilis
E
Magna Carta
Açıklama:
Correct answer is the Code of Hammurabi
Soru 18
Which of the following is the predecessor of the modern civil law?
Seçenekler
A
Islamic law
B
Christian Law
C
Roman Law
D
Eastern Law
E
Western Law
Açıklama:
Correct answer is Roman Law.
Soru 19
Which of the following is mainly based on the decisions of the judges who generate the case law?
Seçenekler
A
Roman Law
B
Common Law
C
Islamic Law
D
Christian Law
E
Judaic Law
Açıklama:
Correct answer is Common Law
Soru 20
Which of the following is the unwritten source of law in a civil law system?
Seçenekler
A
Legislation
B
Court decisions
C
Case law
D
Customary law
E
Doctrine
Açıklama:
Correct answer is Customary law
Soru 21
Which of the following is the main function of law?
Seçenekler
A
To preserve order and justice
B
To promote freedoms
C
To protect rights
D
To resolve disputes
E
To impose duties
Açıklama:
Of these functions of law, our focus will be
the main functions of law, that is, order and justice.
In achieving these goals and preserving order, law
should be enabled to fulfil its tasks. The main task of
law is to enforce its prece
To preserve the order and justice is the main function of law.
the main functions of law, that is, order and justice.
In achieving these goals and preserving order, law
should be enabled to fulfil its tasks. The main task of
law is to enforce its prece
To preserve the order and justice is the main function of law.
Soru 22
_________________ is the body of laws, rules, regulations and customs that apply to the relations between the members of a certain society. Which of the following concepts best fits the blank in the sentence above?
Seçenekler
A
Justice
B
Law
C
Order
D
Rights
E
Duty
Açıklama:
As a legal concept, the order
is the body of laws, rules, regulations, and customs that apply to
the relations between the members of a certain society.
Order is the body of laws, rules, regulations, and customs that apply to the relations between the members of a certain society.
is the body of laws, rules, regulations, and customs that apply to
the relations between the members of a certain society.
Order is the body of laws, rules, regulations, and customs that apply to the relations between the members of a certain society.
Soru 23
Which of the following is considered the price we pay for living in a community?
Seçenekler
A
Sanctions that law impose
B
The limitations of law on our liberty
C
Free opportunity
D
The pursuit of justice
E
Legal system
Açıklama:
The limitations that law imposes on our liberty is the
price we pay for living in a community. Without law or other normative systems, our lives in society would be governed by the force of the powerful, but not the force of law.
The limitations of law on our liberty is the price we pay for living in a community.
price we pay for living in a community. Without law or other normative systems, our lives in society would be governed by the force of the powerful, but not the force of law.
The limitations of law on our liberty is the price we pay for living in a community.
Soru 24
Which concept about justice is expressed with the saying: "The eyes of justice are blind"?
Seçenekler
A
Objectivity and neutrality in decision making
B
Excess and deficiency
C
Normative system
D
Corrective justice
E
Material injustice
Açıklama:
This idea of justice rests on the idea of
proportionate equality, which implies objectivity
and neutrality in judicial-decision making, the
eyes
of justice are blind
Objectivity and neutrality in decision making is what is meant by the saying: the eyes of justice are blind.
proportionate equality, which implies objectivity
and neutrality in judicial-decision making, the
eyes
of justice are blind
Objectivity and neutrality in decision making is what is meant by the saying: the eyes of justice are blind.
Soru 25
Which of the following is not among the subsections of public law?
Seçenekler
A
Constitutional law
B
Civil law
C
Administrative law
D
Criminal law
E
International law
Açıklama:
Please look at Figure 1.2
Civil law is among private law areas of specialization, not public law.
Civil law is among private law areas of specialization, not public law.
Soru 26
Which of the efforts to codify law is the oldest in history?
Seçenekler
A
The Law of Solon
B
Code of Hammurabi
C
Twelve Tables
D
Corpus Juris Civilis
E
Napoleonic Codification Movement
Açıklama:
Of these codes, the Code of Hammurabi is the
oldest, which has created by the King of Babylon
in about 1760 BC.
The code of Hammurabi is the oldest known example of codification.
oldest, which has created by the King of Babylon
in about 1760 BC.
The code of Hammurabi is the oldest known example of codification.
Soru 27
Which of the following civil law traditions is not among the four groups that make up the tradition that stem from the Continental Europe?
Seçenekler
A
French Civil Law
B
German Civil Law
C
Chinese Civil Law
D
Canadian and American Civil Law
E
Scandinavian Civil Law
Açıklama:
The
civil
law
tradition
that
stems
Canada and the US civil law belongs to the tradition of British Commonwealth civil law tradition.
civil
law
tradition
that
stems
Canada and the US civil law belongs to the tradition of British Commonwealth civil law tradition.
Soru 28
Which of the following statements is true for traditional common law?
Seçenekler
A
It is codified
B
It is based on precedent and case law
C
It is not developed by judges.
D
It is made by Parliament
E
It is law created by legislature
Açıklama:
The common law as a case law, is based on the principle of precedent.
Common law is case law and precedent law accumulated.
Common law is case law and precedent law accumulated.
Soru 29
"They shall take care to avoid conflicts of interest as well as
situations that may be reasonably perceived as giving rise to a conflict of interest".
Which rule pertaining the responsibilities of judges is defined with the sentence given above?
situations that may be reasonably perceived as giving rise to a conflict of interest".
Which rule pertaining the responsibilities of judges is defined with the sentence given above?
Seçenekler
A
Independence
B
Integrity
C
Impartiality
D
Fairness
E
Being unbiased
Açıklama:
Impartiality:
Judges
shall
exercise
their
functions impartially
Judges shall exercise their actions impartially and ensure the
appearance of impartiality.
Judges
shall
exercise
their
functions impartially
Judges shall exercise their actions impartially and ensure the
appearance of impartiality.
Soru 30
Which of the following is among the secondary sources of civil law system?
Seçenekler
A
Legislation
B
Customary Law
C
Case Law
D
Unwritten sources
E
Written Sources
Açıklama:
See Figure 1.3
Case law is among secondary sources of civil law.
Case law is among secondary sources of civil law.
Ünite 2
Soru 1
What does mean of "reasoning that moves from general premises, which are known or presumed to be known, to certain conclusions"?
Seçenekler
A
incomplete induction
B
Analogy
C
Induction
D
Deduction
E
Interpretation
Açıklama:
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.
Soru 2
Which type of interpretation does look 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?
Seçenekler
A
Systematic Interpretation
B
Historical Interpretation
C
Teleological Interpretation
D
Textual Interpretation
E
Literal Interpretation
Açıklama:
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. This mode of interpretation serves the interests of consistency and coherence of the legal
system as a whole.
system as a whole.
Soru 3
Which of the following statements about legal reasoning is true?
Seçenekler
A
Induction means reasoning that moves from general premises, which are known or presumed to be known, to certain conclusions.
B
Deduction is reasoning that moves from specific cases to more general, but uncertain, conclusions.
C
The method of finding law based upon induction reasoning, thus, means subsuming a case under a legal rule. It is called syllogism.
D
"Reductio ad absurdum" is one of the argument type related to analogy.
E
legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution.
Açıklama:
most important argument types related to analogy are:
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus
reductio ad absurdum argument means that one has to exclude that meaning of a norm which would bring about ‘absurd’ effects.
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus
reductio ad absurdum argument means that one has to exclude that meaning of a norm which would bring about ‘absurd’ effects.
Soru 4
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?
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?
Seçenekler
A
I and II
B
I and III
C
II and III
D
Only II
E
Only III
Açıklama:
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.
Soru 5
Which type of interpretation does require an investigation into the semantic content and the syntactic structure of a provision.?
Seçenekler
A
Genetic interpretation
B
Systematic interpretation
C
Literal interpretation
D
Historical interpretation
E
Purposive Interpretation
Açıklama:
Literal interpretation, also known as grammatical or semiotic interpretation, requires an investigation into the semantic content and the syntactic structure of a provision. The literal interpretation may at first sight seem simple. The basic rule of literal interpretation is that the literal meaning shall prevail whenever the words of a statute are clear and unambiguous and addresses the point at issue.
Soru 6
The ... is an inquiry into the actual intention of the legislator, which is, therefore, a variation of historical interpretation.
Which of the below sentence can fill the blanks?
Which of the below sentence can fill the blanks?
Seçenekler
A
Subjective-teleological interpretation
B
Objective-teleological interpretation
C
Systematic interpretation
D
Historical interpretation
E
textual interpretation
Açıklama:
Subjective-teleological interpretation is an inquiry into the actual intention of the legislator, which is, therefore, a variation of historical interpretation.
Soru 7
Which of the following statements about the interpretation of contracts is false?
Seçenekler
A
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.
B
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.
C
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
D
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.
E
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.
Açıklama:
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.
of two meanings, one of which is lawful and the other unlawful, the former construction should be preferredis also employed in interpreting contracts.
Soru 8
Which of the following statements about the gaps in law is false?
Seçenekler
A
Gap-filling is, in a sense, a judicial law-making, which is also called as judgemade law.
B
Analogy plays an important role in closing gaps within the legal system.
C
In criminal law, for example, for the sake of legal certainty, analogical or customary justifications of criminal sanctions are excluded.
D
In Turkish law, judges whose law creating activity is not binding upon other courts.
E
In the Turkish law, in the absence of a provision, the court shall
decide firstly in accordance with the rule that it would make as legislator.
decide firstly in accordance with the rule that it would make as legislator.
Açıklama:
Article 1 of the Turkish Civil Code points out that ın the absence of a provision, the court shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that it would make as legislator.
Soru 9
What does the mean of "interpretatio cessat in claris"?
Seçenekler
A
The inclusion of the one is the exclusion of the other.
B
An inquiry into the meaning of legal terms as intended by the historical legislator.
C
Interpretation stops when a text is clear.
D
Reasoning that moves from specific cases to more general, but uncertain, conclusions.
E
A fundamental principle that words shall be construed literally.
Açıklama:
Interpretatio cessat in claris: Interpretation stops when a text is clear. This legal maxim needs to be complemented by additional rules.
Soru 10
Men are mortal (major premise)
Socrates is a man (minor premise)
Therefore, Socrates is mortal. (conclusion)
According to this example, which legal reasoning can it be?
Socrates is a man (minor premise)
Therefore, Socrates is mortal. (conclusion)
According to this example, which legal reasoning can it be?
Seçenekler
A
Deduction
B
Analogy
C
Argumenta a fortiori
D
Systematic interpretation
E
Certainty
Açıklama:
This example shows that the logical form the syllogism rests on is a process of inferring from
two given premises, a further proposition, i.e. the conclusion. The truth of the conclusion is believed to follow from the previous two premises. To put it in simple terms, the first statement constitutes the major premise, the second one the minor premise and the third one the conclusion.
two given premises, a further proposition, i.e. the conclusion. The truth of the conclusion is believed to follow from the previous two premises. To put it in simple terms, the first statement constitutes the major premise, the second one the minor premise and the third one the conclusion.
Soru 11
For the resolution of further cases- the syllogism provides a working guide for the judges, the litigants and their legal advisers.
According to this sentence, which function of legal syllogism can be expressed?
According to this sentence, which function of legal syllogism can be expressed?
Seçenekler
A
Rationality
B
Certainty
C
Justification
D
Arbitrariness
E
Guidance
Açıklama:
In general, the legal methodology, particularly the judicial syllogism, serve a number of essential functions which are outlined. Guidance is one of the fuctions that means "for the resolution of further cases- the syllogism provides a working guide for the judges, the litigants and their legal advisers"
Soru 12
Which is one of the following characteristics does belong to a good jurist?
Seçenekler
A
Not interested in the social and ethical dimensions of law
B
Partiality
C
Judgmental reticence
D
A sense of hatred
E
Shyness to ask
Açıklama:
One can list the characteristics of a good jurist as follows:
• A sense of justice;
• Judgmental reticence;
• Feeling for and interest in the social and ethical
dimensions of law;
• Sympathy for people and their behaviors;
• Empathy;
• Objectivity and a sense of the different characteristics of the various fields of law and their roles in the state and courage to ask and answer questions.
• A sense of justice;
• Judgmental reticence;
• Feeling for and interest in the social and ethical
dimensions of law;
• Sympathy for people and their behaviors;
• Empathy;
• Objectivity and a sense of the different characteristics of the various fields of law and their roles in the state and courage to ask and answer questions.
Soru 13
Which statement below about interpretation of statues is false?
Seçenekler
A
Reductio ad absurdum argument means that one has to exclude that meaning of a norm which would bring about ‘absurd’ effects.
B
In France, Germany, or Turkey, there are special “Interpretation Acts” which are intended to assist the draftsmen or to guide the judge in interpretation.
C
Interpretation in law is one of the most important tasks of jurists, especially in a legal system which is characterized by codifications.
D
Interpretation of legislative provisions today is mainly a task belonging to the courts when they face with problems of interpretation arising out of legal disputes.
E
Literal interpretation, also known as grammatical or semiotic interpretation, requires an investigation into the semantic content and the syntactic structure of a provision.
Açıklama:
Usually, in civil law systems, we do not find any general authoritative statement regarding the law on interpreting statutes. The currently employed rules and techniques of interpretation in France, Germany, or Turkey are rather the results of customary law, judicial practice and legal writing. By contrast, in common law jurisdictions, there are special “Interpretation Acts” which are intended to assist the draftsmen or to guide the judge in interpretation.
Soru 14
Which of the following argument-types is related to analogy?
Seçenekler
A
Audi alteram partem
B
Interpretatio cessat in claris
C
Cessante ratione legis cessat ipsa lex
D
Argumenta e contrario
E
Reductio ad absurdum
Açıklama:
Most important argument types related to analogy are:
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus
Soru 15
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?
Seçenekler
A
Only III
B
I, II and III
C
I and II
D
Only II
E
II and III
Açıklama:
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.
Soru 16
Which statement about interpretation is false?
Seçenekler
A
In the common law tradition, textual interpretation is covered by the term “literal rule".
B
The mischief rule in common law is akin to the legislative intent in the civil law tradition.
C
If one adopts the subjective theory, the literal and historical interpretation shall absolutely prevail over the teleological interpretation.
D
The systematic interpretation is a significant canon of construction in the public law tradition.
E
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.
Açıklama:
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.
Soru 17
In France, what is historical interpretation called?
Seçenekler
A
Mischief rule
B
Literal rule
C
Genetic method
D
Exegetical method
E
Purposive method
Açıklama:
In France, this method of interpretation is called the exegetical method. The basic assumption of the method is that any statute is an act of will, and thus, the most appropriate method for interpreting this will is to investigate into the legislator’s intention at the time when the law was made (ex tunc).
Soru 18
I. The principle of superiority: "lex posterior derogat legi priori".
II. The principle of posteriority: “lex specialis derogat legi generali”.
III. The principle of speciality: “lex superior derogat legi inferiori”.
Which statement(s) is/are false?
II. The principle of posteriority: “lex specialis derogat legi generali”.
III. The principle of speciality: “lex superior derogat legi inferiori”.
Which statement(s) is/are false?
Seçenekler
A
I, II and III
B
II and III
C
Only I
D
I and III
E
Only II
Açıklama:
Principles of priority are generally recognized:
1. The principle of posteriority: “lex posterior derogat legi priori”.
2. The principle of speciality: “lex specialis derogat legi generali”.
3. The principle of superiority: “lex superior derogat legi inferiori”.
1. The principle of posteriority: “lex posterior derogat legi priori”.
2. The principle of speciality: “lex specialis derogat legi generali”.
3. The principle of superiority: “lex superior derogat legi inferiori”.
Soru 19
What is dissenting opinion or dissent?
Seçenekler
A
The legal grounds of which the final decision of a case is made
B
Hears appeals from sheriffs in civil cases, and appeals from him go to the Inner House of the Court of Session
C
When a judge disagrees with the decision of the majority of the court and so they make a written dissenting opinion explaining theirs dissent carries no precedential value
D
Remarks by a judge which are not necessary for reaching the final decision of the case, obiter dicta is not binding but can be influental
E
None of the options given are correct
Açıklama:
Hears appeals from sheriffs in civil cases, and appeals from him go to the Inner House of the Court of Session is dissenting opinion or dissent.
Soru 20
What are secondary sources of law?
Seçenekler
A
Institutional writer, 19th century literature and professional works/journals.
B
Institute of the Laws of Scotland
C
UK Supreme Court, Court of Session, High Court, Sheriff court, Justice of the Peace
D
Institutional writers
E
None of the options given are correct
Açıklama:
UK Supreme Court, Court of Session, High Court, Sheriff court, Justice of the Peace are secondary sources of law.
Soru 21
Which of the following countries is referred as the land of legal science?
Seçenekler
A
Germany.
B
Sweden.
C
Switzerland.
D
Turkish Republic.
E
The USA.
Açıklama:
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.
Soru 22
Which of the following philosophers influenced the systematization of law in Germany?
Seçenekler
A
Jung.
B
J. bentham.
C
E. Kant.
D
J. Locke.
E
F. Engels.
Açıklama:
In Germany, under the influence of Idealist thought shaped by Kant, jurists like Feuerbach emphasized the vital role of systematization in law. Therefore the correct answer is C.
Soru 23
Which of the followings was indispensable for the development of law as science in western law?
Seçenekler
A
Bologna tradition.
B
British Common Law.
C
Roman Law.
D
Civil Law.
E
Verrsaille Agreement.
Açıklama:
In Western Europe, the autonomy of legal thought was maintained by the universities. Obviously, the role of Bologna tradition was indispensable for the development of law as science. Therefore, the correct answer is A.
Soru 24
"We have discovered that students who come eager to learn the rules and who do learn them, and who learn nothing more, will take away the shell and not the substance. We have discovered that rules alone, mere forms of words, are worthless"
The quote above was said by which legal mind on US legal education?
The quote above was said by which legal mind on US legal education?
Seçenekler
A
E. Kant.
B
K. Llewellyn
C
Berman.
D
Stolker.
E
Cooper.
Açıklama:
The American approach to legal education is best described by Karl Llewellyn, who contended that: We have discovered that students who come eager to learn the rules and who do learn them, and who learn nothing more, will take away the shell and not the substance. We have discovered that rules alone, mere forms of words, are worthless. Therefore, the correct answer is B.
Soru 25
Which of the followings is not among the characteristics of an ideal jurist?
Seçenekler
A
Courage to ask and answer questions
B
Objectivity.
C
Judgmental reticence.
D
Strong biased opinions.
E
Sympathy for people and their behaviors.
Açıklama:
Biased opinions refer to prejudices in cultural and sociological level. Therefore, the correct answer is D.
Soru 26
In legal reasoning, judicial syllogism is based on which ancient philosopher's principles of logic?
Seçenekler
A
Aristotle.
B
Socrates.
C
Zeno.
D
Thales.
E
Plato.
Açıklama:
The classical model of syllogism is based on the Aristotelian logic. Therefore, the correct answer is A.
Soru 27
I. Legal Rules,
II. Jury,
III. Legal Judgment,
IV. Facts,
V. Power of Attorney.
Which one(s) of the terms above is/are parts of judicial syllogism?
II. Jury,
III. Legal Judgment,
IV. Facts,
V. Power of Attorney.
Which one(s) of the terms above is/are parts of judicial syllogism?
Seçenekler
A
I & II.
B
I, II & III.
C
III & IV.
D
I, III & IV.
E
Only III.
Açıklama:
Legal Rules, Legal Judgment, and Facts are parts of judicial syllogism. Therefore, the correct answer is D.
Soru 28
Which of the followings is not one of the functions of judicial syllogism?
Seçenekler
A
Guidance.
B
Legislation.
C
Rationality.
D
Justification.
E
Certainty.
Açıklama:
Functions of the Judicial Syllogism are: Rationality, Certainty, Justification, Guidance.
Therefore, the correct answer is B.
Therefore, the correct answer is B.
Soru 29
Which of the followings is not one of the important argument types related to analogy?
Seçenekler
A
Argumenta a minore ad maius.
B
Argumenta e contrario.
C
Argumenta a maiore ad minus.
D
Argumenta a principlae.
E
Argumenta a fortiori.
Açıklama:
The other most important argument types related to analogy are: • argumenta e contrario • argumenta a fortiori • argumenta a minore ad maius • argumenta a maiore ad minus. Therefore, the correct answer is D.
Soru 30
Which of the followings is one of the methods of interpretations in Common Law?
Seçenekler
A
Historical Interpretation.
B
Textual (Literal) Interpretation.
C
Teleological Interpretation.
D
The Literal Rule.
E
Systematic Interpretation.
Açıklama:
The literal rule is one of the methpds in Common law, whereas the others are of civil law. Therefore, the correct answer is D.
Soru 31
Which one of below is not one of the functions of judicial syllogism?
Seçenekler
A
Rationality
B
Tradition
C
Certainty
D
Justification
E
Guidance
Açıklama:
Tradition is not one of them.
Soru 32
Which one of below is used in every legal system?
Seçenekler
A
Judicial syllogism
B
Induction
C
Rationality
D
Analogy
E
Argument
Açıklama:
The answer is analogy. Others are irrelevant except judicial syllogism. But it is used mostly in Civil law.
Soru 33
What is the process of clarifying the true meaning of a written document?
Seçenekler
A
Analogy
B
Methodology
C
Rationality
D
Interpretation
E
Gap-filling
Açıklama:
The definition given belongs to interpretation.
Soru 34
Which one of below can not be subject of interpretation?
Seçenekler
A
Laws
B
Constitution
C
International treties
D
Contracts
E
Court decisions
Açıklama:
Court decisions are not subjects to interpret; they must be definite and clear anyway.
Soru 35
“…..requires an investigation into the semantic content and the syntactic structure of a provision.”
Fill the blank with correct word?
Fill the blank with correct word?
Seçenekler
A
Literal interpretation
B
Historical interpretation
C
Interpretation of contracts
D
Argumento contrario
E
Analogy
Açıklama:
Correct fit for the blank is literal interpretation.
Soru 36
“….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?
Fill the blank with correct word?
Seçenekler
A
Subjective teleological interpretation
B
Objective teleological interpretation
C
Systematic interpretation
D
Historical interpretation
E
Textual interpretation
Açıklama:
The correct fit for the blank is systematic interpretation.
Soru 37
I. Case law has not any role in any circumstances in civil law system.
II. The binding part of the decision is called ratio decidendi in case law system.
III. A judge can overrule a decision of a lower court.
Which ones are the correct?
II. The binding part of the decision is called ratio decidendi in case law system.
III. A judge can overrule a decision of a lower court.
Which ones are the correct?
Seçenekler
A
Only I
B
Only II
C
Only III
D
I and II
E
II and III
Açıklama:
Case law plays a significant role in civil law. It has an effect; however this effect is not strong as much as it has in case law. So I is wrong and others are correct.
Soru 38
“…….is, in a sense, a judicial law-making.”
Fill the blank with correct word?
Fill the blank with correct word?
Seçenekler
A
Interpretation
B
Analogy
C
Gap filling
D
Induction
E
Case law
Açıklama:
Because gap filling also known as judge made law. Judge creates a new rule about the case in hand.
Soru 39
Which legal tradition Turkey follows?
Seçenekler
A
Common law
B
Case law
C
British law
D
Islamic law
E
Civil law
Açıklama:
Turkey follows the civil law system.
Soru 40
Which of the following terms refers to "a logical deduction or series of logical deductions drawn from pre-existing premises"?
Seçenekler
A
Judicial syllogism
B
Analogy
C
Argumenta a fortiori
D
Legal reasoning
E
Socratic pedagogy
Açıklama:
There are two basic tools of legal reasoning - deduction and analogy. A typical judgment in a legal system based on civil law tradition is a logical deduction or series of logical deductions drawn from pre-existing premises. The method of finding law based upon deductive reasoning means subsuming a case under a legal rule. It is called syllogism.
The correct answer is A.
The correct answer is A.
Soru 41
Which of the following information about judicial syllogism is not true?
Seçenekler
A
The classical model of syllogism is based on the Aristotelian logic.
B
Judicial syllogism is mostly applied in common law countries.
C
The facts of a case (minor premise) are subsumed under a general rule (major premise).
D
Syllogism facilitates the building up of a logically consistent system of propositions which enhance consistency and predictability.
E
Syllogism provides the courts with an ideal mechanism for justifying what they do.
Açıklama:
A typical judgment in a legal system based on civil law tradition is a logical deduction or series of logical deductions drawn from pre-existing premises, known as judicial syllogism. Common law courts rarely take as their starting point an abstract rule which then has to be applied to the established facts before them. Common law courts deal, first and foremost, with the facts of the case at hand and arguments of parties, and arrive at a solution through a reasoning process that tends to focus on the particularities of the actual institutions that are germane to the case before them. Thus, one can contend that, as a form of deductive reasoning, judicial syllogism is mostly applied in civil law countries.
The correct answer is B.
The correct answer is B.
Soru 42
"To the party losing a case, syllogism shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law."
To which function of judicial syllogism does the above statement refer to?
To which function of judicial syllogism does the above statement refer to?
Seçenekler
A
Rationality
B
Certainty
C
Justification
D
Guidance
E
Conclusion
Açıklama:
Judicial syllogism serves four main functions: rationality, certainty, justification, and guidance.
The syllogism provides the courts with an ideal mechanism for justifying what they do. To the party losing a case, it shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law.
The correct answer is C.
The syllogism provides the courts with an ideal mechanism for justifying what they do. To the party losing a case, it shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law.
The correct answer is C.
Soru 43
"-------------------------------- is an extension of a legal rule from one case to another due to a similarity which is regarded by the judge to be material."
Which of the following terms is defined above?
Which of the following terms is defined above?
Seçenekler
A
Deductive reasoning
B
Argumenta a minore ad maius
C
Inductive reasoning
D
Textual interpretation
E
Analogical reasoning
Açıklama:
Known as one of the most commonly used arguments in legal reasoning in every legal system, legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution. An analogy consists of an observed similarity between two phenomena, namely source and target. Analogical reasoning is an extension of the source to the target. Furthermore, it is an extension of a legal rule from one case to another due to a similarity which is regarded by the judge to be material.
The correct answer is E.
The correct answer is E.
Soru 44
Which of the following information about analogical reasoning is not true?
Seçenekler
A
An analogy consists of an observed similarity between two phenomena.
B
An analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point.
C
An analogy is an extension of the scope of a norm to be applied.
D
Analogy involves an earlier decision being followed in a later case because the later case is similar to the earlier one.
E
Reasoning by analogy is not used in common law.
Açıklama:
Legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution. Analogy is an extension of the scope of a norm to be applied. The information given in the first four options is true. "Reasoning by analogy is not used in common law" is not true since analogy is a central form of reasoning found in many legal systems, especially ‘Common Law’ systems such as those in England and the United States.
The correct answer is E.
The correct answer is E.
Soru 45
Which of the following terms may be defined as "an investigation into the semantic content and the syntactic structure of a provision"?
Seçenekler
A
Golden rule
B
Mischief rule
C
Textual interpretation
D
Systematic interpretation
E
Teological interpretation
Açıklama:
Legal systems have developed so-called canons of construction, which are the most important means of interpretation. The canons of construction used in the civil law are textual, historical, systematic and theological interpretation. Textual or literal interpretation is an investigation into the semantic content and the syntactic structure of a provision.
The correct answer is C.
The correct answer is C.
Soru 46
"A group life assurance scheme was set up by a company for its employees. Payments were made to certain classes of people including “descendants” of the employee in question. It was held by the Court that “descendant” was a legal term of art meaning legitimate descendant, and consequently no payment could be made to an illegitimate child of the employee."
For which of the following types of interpretation does the above case constitute an example?
For which of the following types of interpretation does the above case constitute an example?
Seçenekler
A
Historical interpretation
B
Systematic interpretation
C
Argumentative interpretation
D
Textual interpretation
E
Teological interpretation
Açıklama:
In the common law tradition, textual interpretation is covered by the term “literal rule”, which requires if the words used in the statute are plain and unambiguous, they should be given their ordinary signification. The ordinary meaning of a word refers to its plain and popular sense. In case a statute contains a legal term of art, the court should give it its technical meaning, but not the ordinary meaning, unless there is something in the context to displace the presumption that it was intended to carry its technical meaning.
Thus, in this example, the legal meaning of a term supersedes its ordinary meaning. However, the Court arrives at this decision through a textual interpretation process.
The correct answer is D.
Thus, in this example, the legal meaning of a term supersedes its ordinary meaning. However, the Court arrives at this decision through a textual interpretation process.
The correct answer is D.
Soru 47
Article 1363 of the Italian Civil Code reads: “Clauses in contracts are to be interpreted each by means of the others, by attributing to each of them the meaning which ensues from the whole of the contract.”
Which of the following types of interpretation does this article refer to?
Which of the following types of interpretation does this article refer to?
Seçenekler
A
Systematic interpretation
B
Teological interpretation
C
Historical interpretation
D
Textual interpretation
E
Argumentative interpretation
Açıklama:
Systematic interpretation is related with 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. This mode of interpretation serves the interests of consistency and coherence of the legal system as a whole.
The correct answer is A.
The correct answer is A.
Soru 48
Which of the following expressions in Latin means "where a text is expressed in general terms, it is forbidden to introduce restrictions"?
Seçenekler
A
Exceptio est strictissimae interpreationis Specialia generalibus derogant
B
Ubi lex non distinguit, nec nos distinguere debemus
C
Expressio unius est exclusion alterius
D
Incivile est nisi tota lege interpretari
E
Exceptio est strictissimae interpreationis
Açıklama:
The meaning of "Ubi lex non distinguit, nec nos distinguere debemus" is "where a text is expressed in general terms, it is forbidden to introduce restrictions".
Thus, the correct answer is B.
Thus, the correct answer is B.
Soru 49
Which of the following are two exemptions to the doctrine of precedent in case law?
Seçenekler
A
Interpreting-Reasoning
B
Executing-Exercising
C
Posteriority-Superiority
D
Distinguishing-Overruling
E
Customary-Equity
Açıklama:
There are two exemptions to the doctrine of precedent each of which involves the use of tools of legal reasoning: 1) Distinguishing: If a judge finds that the facts of the case he is dealing with are very similar to those of the precedent while at the same time thinking that there is a material difference between the two, he may distinguish the precedent. 2) Overruling: A judge can also overrule a decision of a lower court, if he thinks that the lower court has wrongly decided.
The correct answer is D.
The correct answer is D.
Soru 50
Which of the following is not a characteristic of a good lawyer?
Seçenekler
A
A sense of justice
B
Judgmental reticence
C
Sympathy for people and their behaviors
D
Empathy
E
If necessary not being objective
Açıklama:
he or she should be objective
Soru 51
If we list the characteristics of a good jurist, Which of following is not one of them?
Seçenekler
A
A sense of the different characteristics of the various fields of law and their roles in the
state
state
B
Single vision
C
Courage to ask and answer questions
D
Sympathy for people and their behaviors
E
Feeling for and interest in the social and ethical dimensions of law
Açıklama:
Single vision is not correct,Sense of the different characteristics of the various fields of law and their roles in the state
Soru 52
According to sentence which of following should be dotted on blanks?
....................................the syllogism has often been described as the hallmark of rationality. Indeed, unlike other traditional modes of reasoning, the syllogistic logic presents a cogent form of argument with its set of premises and its exposition of logical links, and provides an alternative to what would otherwise look like an arbitrary decision.
....................................the syllogism has often been described as the hallmark of rationality. Indeed, unlike other traditional modes of reasoning, the syllogistic logic presents a cogent form of argument with its set of premises and its exposition of logical links, and provides an alternative to what would otherwise look like an arbitrary decision.
Seçenekler
A
Rationality
B
Certainty
C
Justification
D
Guidance
E
Nacionality
Açıklama:
ıt should be Rationality
Soru 53
.............................the syllogism facilitates the building up of a logically consistent system of propositions which enhance consistency and predictability and lead to a greater degree of certainty and predictability within the legal system.
Which of following should be at dotted part?
Which of following should be at dotted part?
Seçenekler
A
Rationality
B
Certainty
C
Justification
D
Guidance
E
Nacionality
Açıklama:
Certaninty shuld be at dotted part
Soru 54
............................ since judges are required to state the grounds for their decisions, they must expound them in an open manner. Once again, the syllogism provides the courts with an ideal mechanism for justifying what they do. To the party losing a case, it shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law. Similarly, the syllogism with its function of justification allows the Court of Cassation to which a case has been referred to exercise control over the correct application of the rule of law by the lower courts.
Which of following should be at dotted part?
Which of following should be at dotted part?
Seçenekler
A
Justification
B
Guidance
C
Certainty
D
Rationality
E
Nationality
Açıklama:
ıt should be justification
Soru 55
.............................for the resolution of further cases- the syllogism provides a working guide for the judges, the litigants and their legal advisers.
Which of following should be at dotted part?
Which of following should be at dotted part?
Seçenekler
A
Justification
B
Certainty
C
Rationality
D
Guidance
E
Nacionality
Açıklama:
It should be guidance
Soru 56
which of following is not most important argument types related to analogy?
Seçenekler
A
argumenta a fortiori
B
argumenta e contrario
C
argumenta a minore ad maius
D
argumenta a maiore ad minus
E
argumenta a maiore ad majorus
Açıklama:
argumenta a maiore ad majorus is not one of them
Soru 57
In the common law of contracts, there are some guiding principles which are also employed in the interpretation of contracts.
Which of following is not one of them?
Which of following is not one of them?
Seçenekler
A
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 preferred
the other unlawful, the former construction should be preferred
B
The expression of a term which the law implies as a necessary part of the contract
has no greater effect than the implied term would have had
has no greater effect than the implied term would have had
C
The ejusdem generis rule: If it is found that things described by particular words
have some common characteristic which constitutes them as genus, the general words
which follow them ought to be limited to things of that genus
have some common characteristic which constitutes them as genus, the general words
which follow them ought to be limited to things of that genus
D
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
E
contract will not be construed so far as possible in such a manner as not to permit one party to it take advantage of his wrong
Açıklama:
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 correct
Soru 58
Sometimes legal norms within a legal system may conflict with one another. Indeed, if there are several bodies that enact legislation that can apply to the same case, this would lead to, in some cases, to the conflict of rules.In this regard there are some solutions which one is one of them?
Seçenekler
A
One of the conflicting norms could be invalidated
B
One of the conflicting norms could be validated
C
One of the conflicting norms could be not altered
D
An exception could not be added
E
No exceptions
Açıklama:
ıt should be, one of the conflicting norms could be invalidated
Soru 59
Exceptional cases put aside, as a rule, the case law in civil law is not treated as authoritative. Nonetheless, in most cases, lower courts do follow superior courts’
decisions. There are some reasons may be pointed out for this phenomenon.
Which of following is not one of them ?
decisions. There are some reasons may be pointed out for this phenomenon.
Which of following is not one of them ?
Seçenekler
A
it promotes certainty and predictability in law
B
it has been regarded as ameans of promoting equality of justice
C
it has been deemed convenient and efficient to do so
D
judges do not like being reversed or overturned on appeal
E
there are as a hierarchy with a tradition but the practice of following cases has not been viewed as a form of judicial co-operation
Açıklama:
as members of hierarchy with a tradition, the practice of following cases has been
viewed as a form of judicial co-operation
viewed as a form of judicial co-operation
Soru 60
Which of the following emphasizes the difference between a lawyer and other professions?
Seçenekler
A
Lawyers make use of scientific approaches.
B
There is reasoning in other professions.
C
Lawyers need to make logical conclusions.
D
Other professions have a systematic approach.
E
Reasoning in other professions can be put to test.
Açıklama:
“Thinking like a lawyer” always deserves high praise. But why? Is there something unique about thinking like a lawyer and ordinary thinking? Other professions also have their special expertise. Yet, one does not hear similar remarks like “thinking like a doctor” or “thinking like an engineer.” There is a significant difference between a lawyer and other professions. As Professor Weinreb observes: “The reasoning of a doctor or an engineer is readily and in the normal course put to the test. The patient’s health improves, or it does not; the bridge stands, or it falls. There is no comparable test of legal reasoning.” Accordingly, the outcome of legal reasoning does not furnish an objective test of its merit; lawyers give special attention to legal reasoning. The correct answer is E.
Soru 61
Which of the following countries is occasionally referred to as the land of “legal science” because of its seemingly relentless legal conceptualism and systematization?
Seçenekler
A
Russia
B
Italy
C
Spain
D
Greece
E
Germany
Açıklama:
Germany, for instance, 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. In France, the term “sciences juridiques” likewise refers to the legal research as “science’. The correcet answer is E.
Soru 62
Which of the following legal interpretations is also known as grammatical or semiotic interpretation, and requires an investigation into the semantic content and the syntactic structure of a provision?
Seçenekler
A
Systematic Interpretation
B
Historical Interpretation
C
Purposive Interpretation
D
Textual Interpretation
E
Subjective-teleological interpretation
Açıklama:
Textual (Literal) Interpretation; Literal interpretation, also known as grammatical or semiotic interpretation, requires an investigation into the semantic content and the syntactic structure of a provision. The correct answer is D.
Soru 63
Which legal interpretation looks at the context of a norm; hence, involves an investigation into the relations between the norm to be applied and other relevant norms and codes of the same legal system?
Seçenekler
A
Textual Interpretation
B
Historical Interpretation
C
Purposive Interpretation
D
Systematic Interpretation
E
Subjective-teleological interpretation
Açıklama:
Systematic 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. This mode of interpretation serves the interests of consistency and coherence of the legal system as a whole. The systematic interpretation is a significant canon of construction in the civil law tradition. The correct answer is D.
Soru 64
Which legal interpretation requires an inquiry with respect to the sense and purpose of the norm to be applied?
Seçenekler
A
Textual Interpretation
B
Systematic Interpretation
C
Objective-teleological interpretation
D
Subjective-teleological interpretation
E
Historical Interpretation
Açıklama:
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.74 It is about ratio legis of the norm. The ratio or telos is actually the reason for the being of any norm. The correct answer is C.
Soru 65
In most cases, lower courts do follow superior courts’ decisions. Which of the following is not among the reasons of this situation?
Seçenekler
A
It promotes certainty and predictability in law.
B
It has been regarded as a means of promoting equality of justice.
C
It has been seen as a way to provide subjectivity.
D
It has been deemed convenient and efficient to do so.
E
Judges dislike being reversed or overturned on appeal.
Açıklama:
Case law also plays a significant role in civil law jurisdictions. Thus being so, they do not enjoy the binding force as their common law counterparts do. The question is then to what extent cases in civil law are treated as authoritative. Exceptional cases put aside, as a rule, the case law in civil law is not treated as authoritative. Nonetheless, in most cases, lower courts do follow superior courts’ decisions. The following reasons may be pointed out for this phenomenon:
• most of codes formulated in the nineteenth century, say French Civil Code, could not possibly envisage developments in the twentieth and twenty-first centuries. Therefore, where there has been a gap in the law that is not covered by the codes, judges are required to consider whether to indulge in some sort of ‘law-making’ or law-creating process.
• it promotes certainty and predictability in law;
• it has been regarded as a means of promoting equality of justice;
• it has been deemed convenient and efficient to do so;
• judges do not like being reversed or overturned on appeal;
• as members of hierarchy with a tradition, the practice of following cases has been viewed as a form of judicial co-operation.
The correct answer is C.
• most of codes formulated in the nineteenth century, say French Civil Code, could not possibly envisage developments in the twentieth and twenty-first centuries. Therefore, where there has been a gap in the law that is not covered by the codes, judges are required to consider whether to indulge in some sort of ‘law-making’ or law-creating process.
• it promotes certainty and predictability in law;
• it has been regarded as a means of promoting equality of justice;
• it has been deemed convenient and efficient to do so;
• judges do not like being reversed or overturned on appeal;
• as members of hierarchy with a tradition, the practice of following cases has been viewed as a form of judicial co-operation.
The correct answer is C.
Soru 66
Which legal interpretation requires an investigation into the purposes the legislator pursued by enacting the statute?
Seçenekler
A
Objective-teleological interpretation
B
Historical Interpretation
C
Systematic Interpretation
D
Constructive Interpretation
E
Textual Interpretation
Açıklama:
Historical Interpretation or Legislative Intent; Historical (genetic) interpretation is an inquiry into the meaning of legal terms as intended by the historical legislator. This method requires an investigation into the purposes the legislator pursued by enacting the statute. Historical interpretation is about the legislator’s actual intention. The correct answer is B.
Soru 67
In terms of legal reasoning, what is the terms used to refer to the reasoning that moves from specific cases to more general, but uncertain, conclusions?
Seçenekler
A
Dogmatism
B
Induction
C
Deduction
D
Subjectivity
E
Objectivity
Açıklama:
Deduction means reasoning that moves from general 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. The correct answer is B.
Soru 68
In terms of legal reasoning, what is the terms used to refer to the reasoning that moves from general premises, which are known or presumed to be known, to certain conclusions?
Seçenekler
A
Deduction
B
Subjectivity
C
Objectivity
D
Induction
E
Dogmatism
Açıklama:
Deduction means reasoning that moves from general 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. The correct answer is B. The correct answer is A.
Soru 69
Which function of the judicial syllogism provides the courts with an ideal mechanism for justifying what they do?
Seçenekler
A
Justification
B
Rationality
C
Certainty
D
Guidance
E
Arbitrariness
Açıklama:
Justification- since judges are required to state the grounds for their decisions, they must expound them in an open manner. Once again, the syllogism provides the courts with an ideal mechanism for justifying what they do. To the party losing a case, it shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law. Similarly, the syllogism with its function of justification allows the Court of Cassation to which a case has been referred to exercise control over the correct application of the rule of law by the lower courts.
The correct answer is A.
The correct answer is A.
Ünite 3
Soru 1
What was the immediate purpose of the Commission on Human Rights?
Seçenekler
A
To draft the Universal Declaration of Human Rights
B
To organize peace keeping forces in the Congo.
C
To prosecute military dictators
D
To protect the Human Rigts.
E
None of the options given are correct
Açıklama:
Under the Universal Declaration of Human
Rights, among others, right to life, liberty,
security, right to movement and residence, right
to a nationality, right to marry and found a family,
right to own property, freedom of thought,
conscience and religion, freedom of opinion and
expression, freedom of peaceful assembly and
association, right to work, right to an effective
remedy by the national competent tribunals
for acts violating the fundamental rights, are
granted
To draft the Universal Declaration of Human Rights was the immediate purpose of the Commission on Human Rights.
Rights, among others, right to life, liberty,
security, right to movement and residence, right
to a nationality, right to marry and found a family,
right to own property, freedom of thought,
conscience and religion, freedom of opinion and
expression, freedom of peaceful assembly and
association, right to work, right to an effective
remedy by the national competent tribunals
for acts violating the fundamental rights, are
granted
To draft the Universal Declaration of Human Rights was the immediate purpose of the Commission on Human Rights.
Soru 2
What does the Intenational Bill of Human Rights provide?
Seçenekler
A
A list of economic human rights
B
The rights that all citizens hold
C
A list of indivisible human rights covering civil and political rights.
D
An authoritative list of universal human rights covering civil and political rigts and economic, social and cultural rigts.
E
A list of contracts about animal rigts
Açıklama:
An authoritative list of universal human rights covering civil and political rigts and economic, social and cultural rigts does the Intenational Bill of Human Rights provide.
Soru 3
When did human rights begin to emerge as an active concern of national foreign policies?
Seçenekler
A
The end of the Cold War
B
The early 1950s.
C
The mid-1960s
D
The mid-1970s.
E
The early 1940s.
Açıklama:
Human rights begin to emerge as an active concern of national foreign policies The mid-1970s.
Soru 4
When can we date transnational NGOs back to?
Seçenekler
A
The end of Word War Two following the Holocaust
B
The nineteenth century and anti-slavery campaigners
C
The civil rigts movement under Dr Martin Luther King
D
The end of the Cold War
E
None of the options given are correct
Açıklama:
we can back to transnational NGOs The nineteenth century and anti-slavery campaigners
Soru 5
What is the liberal position on rights?
Seçenekler
A
The liberal position on rights maintains that life liberty and property are rights taht are inalieenable and unconditional. The only acceptable reason for constraining one individual is to protect the rights of another.
B
The liberal position on rights privileges freedoms over rights.
C
The liberal position on rights says not that the primary function of goverment is to protect the rights to life, liberty and property.
D
The liberal position on rights say that all the law must be written.
E
None of the options given are correct.
Açıklama:
The liberal position on rights maintains that life liberty and property are rights that are inalieenable and unconditional. The only acceptable reason for constraining one individual is to protect the rights of another.
Soru 6
Which of the following protocol created the
European Court of Human Rights and changed the
monitoring system of the European Convention
on Huaman Rights?
European Court of Human Rights and changed the
monitoring system of the European Convention
on Huaman Rights?
Seçenekler
A
Protocol No. 4
B
Protocol No. 11
C
Protocol No. 13
D
Protocol No. 8
E
Protocol No. 2
Açıklama:
Protocol No. 11 created the
European Court of Human Rights and changed the
monitoring system of the European Convention
on Huaman Rights.
European Court of Human Rights and changed the
monitoring system of the European Convention
on Huaman Rights.
Soru 7
What does the UN Charter say about human rights?
Seçenekler
A
It reaffirms faith in fundemental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.
B
It makes no explict reference, but mentions that peace and security are linked with individual rights.
C
The UN Charter says that human rights are universal and that all members must respect them fully or action will be taken by the Security Council
D
Human rights only for distinguished person
E
None of the options given are correct
Açıklama:
the UN Charter say about human rights; It reaffirms faith in fundemental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.
Soru 8
To which legaly binding judgements are Council of Europe members subject?
Seçenekler
A
None because they are soverign states
B
Those of the International Criminal Court
C
Those of the European Court of Human Rights but it is ineffective
D
Those of the effective European Court of Human Rights
E
None of the options given are correct.
Açıklama:
Those of the effective European Court of Human Rights are Council of Europe members subject.
Soru 9
What day do most countries celebrate as Human Rights Day?
Seçenekler
A
1 January
B
10 December
C
2 March
D
6 June
E
2 December
Açıklama:
10 December
Soru 10
How do international norms independently impact the advancement of human rights?
Seçenekler
A
They do not, because states are only influenced by the pursuit of power.
B
Goverments feel guilty if they do not protect and advance human rights
C
The UN is able to enforce international human rights norms
D
They use military power.
E
None of the options given are correct.
Açıklama:
international norms independently impact the advancement of human rights use military power
Soru 11
I. Universal,
II. Class-conscious,
III. Inalienable,
IV. Autonomous,
V. Equal.
Which principle(s) listed above is/are of human rights?
II. Class-conscious,
III. Inalienable,
IV. Autonomous,
V. Equal.
Which principle(s) listed above is/are of human rights?
Seçenekler
A
I, II & III.
B
Only I.
C
I, III & V.
D
I, III, IV & V.
E
Only V.
Açıklama:
Human rights are universal rights, which are equal, inalienable, indivisible, interdependent and inherent to human being. Therefore, the correct answer is C.
Soru 12
The existence of human rights is a result of a struggle against unrestricted absolute power of rulers. Which of the following texts is not one of the early examples of documents against absolute power?
Seçenekler
A
Code of Hammurabi.
B
The French Declaration of Human and Citizen Rights.
C
Petition of Rights, 1628.
D
Magna Carta.
E
American Declaration of Independence.
Açıklama:
Early examples of documents limiting absolute power in a constitutional status are • Magna Carta, 1215 • Petition of Rights, 1628 • The American Declaration of Independence, 1776 • The French Declaration of Human and Citizen Rights, 1789. Code of Hammurabi is the code of the Babylonian King. Therefore, the correct answer is A.
Soru 13
What is third generation of human rights also called?
Seçenekler
A
Political rights.
B
Social rights.
C
Civil rights.
D
Cultual rights.
E
Solidarity rights.
Açıklama:
Third generation rights -called “solidarity rights” - concern right to development, right to peace, right to environment, right to ownership of the common heritage of mankind, etc. Therefore, the correct answer is E.
Soru 14
When was the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations?
Seçenekler
A
December 24th, 1947.
B
December 10th, 1948.
C
April 23rd, 1950.
D
March 23rd, 1951.
E
July 4th, 1955.
Açıklama:
The General Assembly of the United Nations adopted the Universal Declaration of Human Rights on December 10th, 1948. Therefore, the correct answer is B.
Soru 15
I. Convention on the Prevention and Punishment of the Crime of Genocide (1948),
II. Convention relating to the Status of Refugees (1951),
III. International Convention on the Elimination of all Forms of Racial Discrimination (1965),
IV. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (1968),
V. Convention on the Elimination of all forms of Discrimination against Women (1979).
Considering their scopes, which of the conventions listed above aims to achieve a goal that is different from others?
II. Convention relating to the Status of Refugees (1951),
III. International Convention on the Elimination of all Forms of Racial Discrimination (1965),
IV. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (1968),
V. Convention on the Elimination of all forms of Discrimination against Women (1979).
Considering their scopes, which of the conventions listed above aims to achieve a goal that is different from others?
Seçenekler
A
I
B
II
C
III
D
IV
E
V
Açıklama:
Convention on the Elimination of all forms of Discrimination against Women (1979) aims to eliminate violence against one gender, whereas others aim at groups of people in their scopes. Therefore, the correct answer is E.
Soru 16
I. The American Convention on Human Rights (1969),
II. The Inter-American Convention on Prevent and Punish Torture (1985),
III. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987),
IV. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994),
V. The Framework Convention for the Protection of National Minorities (1995).
Which one(s) of the conventions listed above is/are regional conventions?
II. The Inter-American Convention on Prevent and Punish Torture (1985),
III. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987),
IV. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994),
V. The Framework Convention for the Protection of National Minorities (1995).
Which one(s) of the conventions listed above is/are regional conventions?
Seçenekler
A
I, II & III.
B
I, II, III & IV.
C
I, II, III, IV & V.
D
Only V.
E
I & IV.
Açıklama:
Alll of them are regional conventions. Therefore, the correct answer is C.
Soru 17
Which of the followings is not particularly prohibited by the European Convention on Human Rights?
Seçenekler
A
Assimilation of minorities.
B
Arbitrary and unlawful detention,
C
Torture.
D
Slavery.
E
Death penalty.
Açıklama:
The European Convention on Human Rights particularly prohibits torture and inhuman or degrading treatment or punishment, death penalty, arbitrary and unlawful detention, slavery and forced labor, and discrimination in the enjoyment of the rights and freedoms set out in it. Therefore, the correct answer is A.
Soru 18
How many types of applications that could be brought before the European Court of Human Rights against member state(s) to the European Convention on Human Rights?
Seçenekler
A
2
B
3
C
4
D
5
E
7
Açıklama:
There are two types of applications that could be brought before the European Court of Human Rights against member state(s) to the European Convention on Human Rights: individual applications brought by an individual, group of individuals, non governmental organizations and companies; inter-state applications brought by state(s). Therefore, the correct answer is A.
Soru 19
I. Anonymity,
II. Similar or same subject previously dealt with,
III. Incompatibility with the Convention's provisions,
IV. Domestic remedies exhausted.
Which of the listed above is a reason for inadmission by the European Court of Human Rights?
II. Similar or same subject previously dealt with,
III. Incompatibility with the Convention's provisions,
IV. Domestic remedies exhausted.
Which of the listed above is a reason for inadmission by the European Court of Human Rights?
Seçenekler
A
Only I.
B
I & II.
C
Only IV.
D
I, II & III.
E
Only III.
Açıklama:
In order to be admitted, the complaint has to exhaust domestic remedies. The other three items are reasons for inadmission. Therefore, the correct answer is D.
Soru 20
Which article of Turkish Constitution stipulates that international laws shall prevail in case they contradict national laws in Turkish Republic?
Seçenekler
A
Article 3.
B
Article 19, paragraph 4.
C
Article 90, paragraph 5.
D
Article 150.
E
Article 107, paragraph 7.
Açıklama:
With its wording of the article 90/5, international human rights agreements precede national laws. In other words, if there exists a conflict between an international agreement and national law, the former will prevail. Therefore, the correct answer is C.
Soru 21
Which one is not one of the characteristics of human rights?
Seçenekler
A
Equal
B
Inalienable
C
Indivisible
D
Acquired
E
Interdependent
Açıklama:
Human rights are not acquired; they are inherent.
Soru 22
Which two are called “twin conventions”?
Seçenekler
A
The International Covenant on Civil and Political Rights - The International Covenant on Economic, Social, and Cultural Rights
B
Convention on the Prevention and Punishment of the Crime of Genocide - The International Covenant on Civil and Political Rights
C
Convention relating to the Status of Refugees -International Convention on the Elimination of all Forms of Racial Discrimination
D
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity - Convention on the Elimination of all forms of Discrimination against Women
E
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity - -Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Açıklama:
The twin convencions are The International Covenant on Civil and Political Rights - The International Covenant on Economic, Social, and Cultural Rights. They both are made in 1966.
Soru 23
Which one is not one of the conditions for individual application to The Human Rights Committee?
Seçenekler
A
There must be a human right violation by a party state
B
Application must not be anonymus
C
The violated right must be one of the rights in the Covenant on Civil and Political Rights
D
Application must not be an abuse of right.
E
Individual must get permission from his state to apply.
Açıklama:
A function of The Human Rights Committee is to protect individuals from human rights violations made by party states. Under these circumstances, to expect individuals to get permission from their state to apply the committee, could be meaningless. Because individual is going to complaint about the state. It’s obvious that state won’t allow it.
Soru 24
I. The European Court of Human Rights consists of judges from the member states of European Union
II. The judges who are elected for the Committee are not representatives of their states
III. National judges shall not sit as a single judge.
Which of above are false?
II. The judges who are elected for the Committee are not representatives of their states
III. National judges shall not sit as a single judge.
Which of above are false?
Seçenekler
A
Only I
B
Only II
C
Only III
D
I and II
E
I, II and III
Açıklama:
II and III true.I is false. Because The Court consists of judges from the member states of the convention, not the Union.
Soru 25
How many judges The Grand Chamber of The European Court of Human Rights consists?
Seçenekler
A
12
B
13
C
15
D
17
E
31
Açıklama:
The Court consists 17 judges.
Soru 26
Which one decides on accepted requests for referrals?
Seçenekler
A
The Grand Chamber
B
Single judge
C
Three judge committee
D
Seven judge committee
E
Ad-hoc judges
Açıklama:
The Grand Chamber decides on the mentioned requests.
Soru 27
When did the individual application take place in The Constitution of Turkey?
Seçenekler
A
1961
B
1982
C
2004
D
2010
E
2016
Açıklama:
The Individual Application has been introduced into Turkish legal system in 2010.
Soru 28
When a Turkish citizen applies to Constitutional Court of Turkey, in respect of which document The Court decides?
Seçenekler
A
The Constitution
B
Turkish laws
C
European Convention on Human Rights
D
The International Covenant on Civil and Political Rights
E
Convention on the Rights of Persons with Disabilities
Açıklama:
Individual applications are taken in consideration in respect of European Conention on Human Rights.
Soru 29
Which protocol includes “right to property” ?
Seçenekler
A
1
B
2
C
3
D
4
E
5
Açıklama:
Right to property takes place in the number 1 protocol of the European Convention on Human Rights.
Soru 30
Which one is not one of early examples of human rights documents?
Seçenekler
A
Magna Carta
B
Petition of Rights
C
The American Declaration of Independence
D
The French Declaration of Human and Citizen Rights
E
The Code of Hammurabi
Açıklama:
First four options are human rights documents but The Code of Hammurabi is not. The Code of Hammurabi is an example for codifications in the history.
Soru 31
Which of the following is not one of the main characteristics of human rights?
Seçenekler
A
Universality
B
Equality
C
Inalienability
D
Interdependence
E
Nobility
Açıklama:
Human rights are by nature universal rights, which are equal, inalienable, indivisible, interdependent and inherent to human being. Human rights are applied equally and with no discrimination (universality and equality), no one can have his/her human rights taken away without any justification (inalienability), and all human rights have equal importance (interdependence).
The correct answer is E.
The correct answer is E.
Soru 32
Which of the following instruments was adopted by the United Nations to ensure that individuals live a decent life and fulfill their essential needs?
Seçenekler
A
International Covenant on Civil and Political Rights
B
International Covenant on Economic, Social, and Cultural Rights
C
International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families
D
International Convention for the Protection of All Persons from Enforced Disappearance
E
Convention on the Rights of Persons with Disabilities
Açıklama:
The United Nations adopted several covenants and conventions to codify human rights standards. One of these instruments, the International Covenant on Economic, Social, and Cultural Rights, aims to ensure that all individuals have a decent life and meet their essential needs.
The correct answer is B.
The correct answer is B.
Soru 33
The main objective of this body is the promotion and protection of human rights. Its roles include standard setting, monitoring and implementation. In order to protect and promote human rights, ------------------------------------ cooperates with governments, national human rights institutions, civil society, private sectors and others.
Which of the following bodies is defined above?
Which of the following bodies is defined above?
Seçenekler
A
United Nations Human Settlements Programme
B
United Nations Economic and Social Council
C
Office of the High Commissioner for Human Rights
D
European Court of Human Rights
E
United Nations General Assembly
Açıklama:
Office of the High Commissioner for Human Rights is a department of the United Nations established to promote and protect human rights. The Office plays the leading role on human rights issues and emphasizes the importance of human rights at the international and national levels, and promotes international cooperation on human rights issues.
The correct answer is C.
The correct answer is C.
Soru 34
Which of the following information is not correct about the European Court of Human Rights (ECHR)?
Seçenekler
A
The scope of the jurisdiction of the ECHR covers violations of the European Convention on Human Rights.
B
The ECHR accepts only applications made by states.
C
The Parliamentary Assembly of the Council of Europe elects judges from a list of three candidates presented by each member state.
D
If an application is declared inadmissible by the ECHR, no further examination would be made on merits of the application.
E
Composition of the ECHR may vary for different cases
Açıklama:
There are two types of applications that could be brought before the European Court of Human Rights against member state(s) to the European Convention on Human Rights:
The correct answer is B.
- individual applications brought by anindividual, group of individuals, non governmental organizations and companies
- inter-state applications brought by state(s)
The correct answer is B.
Soru 35
Judgments of the European Court of Human Rights have binding force on the member states, which undertake to execute the judgments. Which of the following bodies monitors the execution of judgments by member states?
Seçenekler
A
European Court of Human Rights
B
European Commission
C
European Parliament
D
Court of Justice of the European Union
E
Committee of Ministers of the Council of Europe
Açıklama:
Judgments of the European Court of Human Rights have binding force on the member states, which undertake to execute the judgments. The execution of judgments is monitored by the Committee of Ministers of the Council of Europe. After delivering the judgment, the European Court of Human Rights hands the judgment to the Committee of Ministers of the Council of Europe that confers with the state concerned in order to execute the judgment.
The correct answer is E.
The correct answer is E.
Soru 36
The Turkish Constitution stipulates that "the exercise of fundamental rights and freedoms may be partially or entirely suspended" under certain conditions. Which of the following is not one of these conditions?
Seçenekler
A
State of emergency
B
Martial law
C
War
D
Natural disaster
E
Mobilization
Açıklama:
Article 15 of the Constitution reads as follows: "In times of war, mobilization, martial law, or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended ..."
Thus, natural disaster is not one of the conditions that require the suspension of fundamental rights.
The correct answer is D.
Thus, natural disaster is not one of the conditions that require the suspension of fundamental rights.
The correct answer is D.
Soru 37
---------------------------------- is "an extraordinary legal remedy to be used before the constitutional court after exhaustion of ordinary legal remedies, and granted for the individuals, whose fundamental rights and freedoms guaranteed both by the Constitution and the ECHR, were alleged to be violated by public acts, actions or negligence.”
Which of the following fills in the blank in the above paragraph?
Which of the following fills in the blank in the above paragraph?
Seçenekler
A
Individual application to the Constitutional Court
B
Law on Establishment and Judicial Procedures of the Constitutional Court
C
Decision of the High Council of Judges and Prosecutors
D
Legislative decree
E
Exhaustion of legal remedies
Açıklama:
There is no clear definition of the individualapplication in constitution and in the Law No 6216.In doctrine individual application is defined as
“an extraordinary legal remedy to be used before the constitutional court after exhaustion of ordinary legal remedies, and granted for the individuals, whose fundamental rights and freedoms guaranteed both by the Constitution and the ECHR, were alleged to be violated by public acts, actions or negligence.”
The correct answer is A.
“an extraordinary legal remedy to be used before the constitutional court after exhaustion of ordinary legal remedies, and granted for the individuals, whose fundamental rights and freedoms guaranteed both by the Constitution and the ECHR, were alleged to be violated by public acts, actions or negligence.”
The correct answer is A.
Soru 38
In which of the following cases can an individual make a direct application to the Constitutional Court?
Seçenekler
A
Violation of fundamental rights by public force
B
Legislative transactions
C
Regulatory administrative transactions
D
Rulings of the Constitutional Court
E
Transactions excluded from judicial review by the Constitution
Açıklama:
“Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.”
Regarding individual application, while the Constitution stipulates “violation by public authorities”, the Law No 6216 article 45/3 restricts public authority acts and states:
“Individual applications cannot be made directly against legislative transactions and regulatory administrative transactions and similarly, the rulings of the Constitutional Court and transactions that have been excluded from judicial review by the Constitution cannot be subject of individual application.”
The correct answer is A.
Regarding individual application, while the Constitution stipulates “violation by public authorities”, the Law No 6216 article 45/3 restricts public authority acts and states:
“Individual applications cannot be made directly against legislative transactions and regulatory administrative transactions and similarly, the rulings of the Constitutional Court and transactions that have been excluded from judicial review by the Constitution cannot be subject of individual application.”
The correct answer is A.
Soru 39
"A Turkish woman started her professional career and made business network with her maiden name. She couldn’t use her maiden name at official documents after her marriage. The case she filed at national courts rejected on the basis of Article 153 of the Civil Code, which prescribed that married women must use her husband’s surname after getting married. Referred article amended afterwards and married women acquired the right to use her maiden name beside her husband’s surname; however, the applicant preferred to use her surname merely."
Which of the following articles in the European Convention on Human Rights does this applicant refer to?
Which of the following articles in the European Convention on Human Rights does this applicant refer to?
Seçenekler
A
Freedom of thought
B
Freedom of expression
C
Prohibition of discrimination
D
Freedom of assembly and association
E
Right to a fair trial
Açıklama:
The applicant complained that the authorities had refused to allow her to bear only her own surname after her marriage whereas Turkish law allowed married men to bear their own surname. She submitted that this resulted in discrimination on grounds of sex in accordance with Article 14 - Prohibition of discrimination:
"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
The correct answer is C.
"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
The correct answer is C.
Soru 40
"--------------------------------------------- requirement rests on the principle that international bodies should supplement State institutions and should not get involved unless the human rights violation cannot be resolved at the national level. Thus, before submitting a complaint to an international mechanism, individuals or organizations must first attempt to settle the situation using national proceedings."
Which of the following fills in the blank in the above paragraph?
Which of the following fills in the blank in the above paragraph?
Seçenekler
A
Admissibility criteria
B
No punishment without law
C
Freedom of thought, conscience and religion
D
Exhaustion of domestic remedies
E
Limitation on use of restrictions on rights
Açıklama:
The exhaustion of domestic remedies requirement rests on the principle that international bodies should supplement State institutions and should not get involved unless the human rights violation cannot be resolved at the national level. Thus, before submitting a complaint to an international mechanism, such as a UN treaty body or the European Court of Human Rights, individuals or organizations must first attempt to remedy the situation using national proceedings.
The correct answer is D.
The correct answer is D.
Soru 41
Which of the following aspects of human rights is underlined by the following quote?
“No one can have his/her human rights taken away without any justification”
“No one can have his/her human rights taken away without any justification”
Seçenekler
A
inalienable
B
indivisible
C
interdependent
D
universal
E
interchangeable
Açıklama:
Human rights put human dignity in the center of concern. The characteristics of human rights are as follows:
- universal: human rights are applied equally and with no discrimination.
- inalienable: no one can have his/her human rights’ taken away without any justification.
- indivisible and interdependent: all human rights have equal importance. Neither of them are overriding another by being more important than the other.
Soru 42
Which of the following is the earliest example of documents limiting absolute power in a constitutional status?
Seçenekler
A
The French Declaration of Human Rights and Citizen Rights
B
Magna Carta
C
Petition of Rights
D
The American Declaration of Independence
E
The Great Depression
Açıklama:
The existence of human rights is a result of a struggle against unrestricted absolute power of rulers. In that sense early examples of documents limiting absolute power in a constitutional status are
• Magna Carta, 1215
• Petition of Rights, 1628
• The American Declaration of Independence, 1776
• The French Declaration of Human and Citizen Rights, 1789.
• Magna Carta, 1215
• Petition of Rights, 1628
• The American Declaration of Independence, 1776
• The French Declaration of Human and Citizen Rights, 1789.
Soru 43
Which of the following is NOT one of the Principal United Nations Human Rights Convention?
Seçenekler
A
Convention on the Prevention and Punishment of the Crime of Genocide
B
International Convention on the Elimination of all Forms of Racial Discrimination
C
Convention relating to the Status of Refugees
D
Convention on the Privileges and Immunities of the United Nations
E
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
Açıklama:
Of all the conventions cited above, only one is not related with any kind of human rights. Convention on the Privileges and Immunities of United Nations regard the rights that United Nations have, not those owned by regular people. Thus the correct answer is D.
Soru 44
With which of the following Covenants do the members of The Human Rights Committee have to be affiliated?
Seçenekler
A
The International Covenant on Economic, Social, and Cultural Rights
B
International Convention for the Protection of all Persons from Enforced Disappearance
C
The International Covenant on Civil and Political Rights
D
The American Convention on Human Rights
E
The European Convention for the Protection of Human Rights and Fundamental Freedoms
Açıklama:
The Human Rights Committee shall be composed of nationals of the States Parties to the International Covenant on Civil and Political Rights. According to the article 40/1 of the International Covenant on Civil and Political Rights, the States Parties to the International Covenant on Civil and Political Rights undertake to submit reports on the measures they have adopted which give effect to the rights recognized in it and on the progress made in the enjoyment of those rights.
Soru 45
Which of the following matches between protocols and additional rights is correct?
Seçenekler
A
Protocol No 1-Prohibition of imprisonment for debt
B
Protocol No 4-right to education
C
Protocol No 6-the right to compensation in the event of a miscarriage of justice
D
Protocol No 7-abolition of death penalty
E
Protocol No 12-general prohibition of discrimination
Açıklama:
Protocol No 17, adds new fundamental rights such as “right to property”, “right to education” and “right to free elections” to those protected in the European Convention on Human Rights. Protocol No 48, secures certain rights and freedoms other than those already in the Convention such as “prohibition of imprisonment for debt”, “freedom of movement”, “prohibition of expulsion of nationals”. Protocol No 69, regards the abolition of the death penalty. Protocol No 710, extends the list of rights protected under the Convention and its Protocols in -the right to compensation in the event of a miscarriage of justice. Protocol No 1212 deals with the general prohibition of discrimination stating that “ (t)he enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
Soru 46
Which article of Turkish Constitutional Law describes the nature of fundamental rights and freedoms?
Seçenekler
A
Article 39
B
Article 13
C
Article 14
D
Article 12
E
Article 15
Açıklama:
Nature of fundamental rights and freedoms Article 12- Everyone possesses inherent fundamental rights and freedoms, which are inviolable and inalienable. The fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his/her family, and other individuals.
Soru 47
Which one of the following would fall under the competence of the Constitutional Court with regards to individual application?
Seçenekler
A
Legislative acts and legislative decrees
B
Acts and decisions of bureaucratic authorities
C
Decisions of the Constitutional Court
D
Acts of the President of the Republic in her own competence
E
Decisions of the Supreme Military Council on promotion and retiring due to lack of tenure.
Açıklama:
Below cannot fall under the competence of the Constitutional Court with regards to the individual application:
- legislative acts and legislative decrees,
- regulatory administrative acts,
- decisions of the Constitutional Court,
- acts of the President of the Republic in his/ her own competence (Article 125/2 of the Constitution)
- decisions of the Supreme Military Council on promotion and retiring due to lack of tenure, (Article 125/2 of the Constitution
- decisions of the High Council of Judges and Prosecutors other than dismissal from the profession (Article 159/10 of the Constitution)
Soru 48
Which of the following is NOT among the requirements for individual petition to the Constitutional Court?
Seçenekler
A
conclusion
B
the rights and freedoms alleged to be violated
C
provisions of the Constitution relied upon
D
the stages regarding the exhaustion of legal remedies
E
Document of payment of the fee for application
Açıklama:
The petition for individual application shall consist of:
- identification and address of the applicant and (if any) representative (if there is a representative proxy must be submitted)
- the right(s) and freedom(s) alleged to be violated
- provisions of the Constitution relied upo
- reasoning
- the stages regarding the exhaustion of legal remedies
- the date on which remedies for application have been exhausted or if remedy of application has not been envisaged the date on which the violation has been acknowledged and the damage incurred,
- evidence relied upon and the originals (or samples) of the transaction or the decisions that are claimed to have led to the violation
- document of payment of the fee for application.
Soru 49
Which of the following best completes the following sentence?
According to the article 47/5 of the Law No 6216 the individual application should be made within __________ days starting from the exhaustion of legal remedies.
According to the article 47/5 of the Law No 6216 the individual application should be made within __________ days starting from the exhaustion of legal remedies.
Seçenekler
A
30
B
15
C
7
D
10
E
45
Açıklama:
According to the article 47/5 of the Law No 6216 the individual application should be made within 30 days starting from the exhaustion of legal remedies.
Soru 50
The existence of human rights is a result of a struggle against unrestricted absolute power of rulers.
Which of the following is not one for human rights?
Which of the following is not one for human rights?
Seçenekler
A
The American Declaration of Independence,
B
Petition of Rights
C
The French Declaration of Human and Citizen Rights
D
Magna Carta
E
The German Declaration of Human and Citizen Rights
Açıklama:
The German Declaration of Human and Citizen Rights is not one of them
Soru 51
Which one is not characteristics of human rights?
Seçenekler
A
İnalielable
B
Universal
C
Positive discrimination for victims
D
İndivisiple
E
İnterpendent
Açıklama:
human rights are applied equally
Soru 52
Under the Universal Declaration of Human Rights,which is not one of the rights granted?
Seçenekler
A
right to life
B
security
C
right to movement and residence
D
liberity
E
right to naturalization
Açıklama:
right to naturalization is not one of them
Soru 53
Which of the following is not true about Universal Declaration of Human Rights embraces?
Seçenekler
A
Political
B
Social
C
Civil
D
Economic
E
freedom of crime
Açıklama:
Freedom of cirime is not one them
Soru 54
According to European Convention on Human Rights which one is not correct?
Seçenekler
A
Prohibits torture
B
prohibit forced labor
C
prohibit lawful detention
D
Prohibits degrading treatment
E
prohibit death penalty
Açıklama:
prohibits unlawful detention
Soru 55
Constitutional Complaint under Turkish Law/the individual application has been introduced into the Turkish Legal System by the constitutional amendment made on 12.09.2010 with the Law No 5982. By this amendment the individual application was enshrined in the article 148 of the Constitution.
Which one is not one of them?
Which one is not one of them?
Seçenekler
A
In order to make an application, ordinary legal remedies must be
exhausted.
exhausted.
B
In the individual application, judicial review shall not be made on matters required to be taken into account during the process of legal remedies
C
Procedures and principles concerning the individual application shall be regulated by law
D
Everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights, which are guaranteed by the Constitution, has been violated by public authorities.
E
The Constitutional Court shall … decide on common applications.
Açıklama:
The Constitutional Court shall … decide on individual applications.
Soru 56
Under the article 47/1 of the Law No 6216
How should be individual applications?
How should be individual applications?
Seçenekler
A
Directly
B
Through Municipality
C
Through Ministery of İnterior
D
Through faculty of Law
E
Through Ministery of labor and social security
Açıklama:
directly,through courts,through representatives abroad.
Soru 57
According to Constitutional Court petition for individual application which one is not correct?
Seçenekler
A
identification and address of the applicant and (if any) representative (if there is a
representative proxy must be submitted)
representative proxy must be submitted)
B
the right(s) and freedom(s) alleged to be violated,
C
provisions of the Constitution relied upon
D
the stages regarding the exhaustion of legal remedies
E
Resulting
Açıklama:
Resulting is not one of them
Soru 58
Which matches are incorrect?
Seçenekler
A
Article 9, Freedom of thought, conscience and religion
B
Article 10, Freedom of expression
C
Article 14, Prohibition of discrimination
D
Article 8, Right to respect for private and family life
E
Article 15 Prohibition of discrimination
Açıklama:
Article 15 Prohibition of discrimination is not correct
Soru 59
Which of the following is not amongst the characteristics of human rights?
Seçenekler
A
Universal
B
Inalienable
C
Indivisible
D
Interdependent
E
Local
Açıklama:
Human rights put human dignity in the center of concern. The characteristics of human rights are as follows:
• universal: human rights are applied equally and with no discrimination.
• inalienable: no one can have his/her human rights’ taken away without any justification.
• indivisible and interdependent: all human rights have equal importance. Neither of them are overriding another by being more important than the other.
• universal: human rights are applied equally and with no discrimination.
• inalienable: no one can have his/her human rights’ taken away without any justification.
• indivisible and interdependent: all human rights have equal importance. Neither of them are overriding another by being more important than the other.
Soru 60
Which of the following is a regional human rights convention?
Seçenekler
A
The International Covenant on Civil and Political Rights (1966)
B
The International Covenant on Economic, Social, and Cultural Rights (1966)
C
Convention on the Prevention and Punishment of the Crime of Genocide (1948)
D
Convention on the Rights of the Child (1989)
E
The American Convention on Human Rights (1969)
Açıklama:
The first four conventions are principal UN Conventions whereas the last one is a regional convention.
Soru 61
Which of the following was established in order to monitor the implementation ofhuman rights universally and for universal human rights complaints?
Seçenekler
A
United Nations
B
United Nations Human Rights Office of the High Commissioner
C
European Union
D
UNICEF
E
European Commission
Açıklama:
In order to monitor the implementation of human rights universally and for universal human rights complaints the Human Rights Committee United Nations Human Rights Office of the High Commissioner and United Nations Economic and
Social Council were established.
Social Council were established.
Soru 62
In which treaty the members of the Council of Europe undertakes to secure fundamental civil and political rights to everyone within their jurisdiction?
Seçenekler
A
European Convention on Human Rights
B
The European Social Charter
C
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
D
The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women
E
The Framework Convention for the Protection of National Minorities
Açıklama:
The European Convention on Human Rights is an international treaty that member States of the Council of Europe undertakes to secure fundamental
civil and political rights to everyone within their jurisdiction.
civil and political rights to everyone within their jurisdiction.
Soru 63
It is stated in the preamble of the Constitution that every Turkish citizen has the
right to the fundamental rights and freedoms laid down in the Constitution in accordance with “......” and “............”, to lead an honorable life and to improve his/her material and spiritual well-being under the aegis of national culture, civilization, and the rule of law.
Which of the following completes the given text correctly?
right to the fundamental rights and freedoms laid down in the Constitution in accordance with “......” and “............”, to lead an honorable life and to improve his/her material and spiritual well-being under the aegis of national culture, civilization, and the rule of law.
Which of the following completes the given text correctly?
Seçenekler
A
Equality-social justice
B
Equality-independence
C
democracy-foreseability
D
Justice-legality
E
Justice-independence
Açıklama:
It is stated in the preamble of the Constitution that every Turkish citizen has the
right to the fundamental rights and freedoms laid down in the Constitution in accordance with “equality” and “social justice”, to lead an honorable life and to improve his/her material and spiritual well-being under the aegis of national culture, civilization, and the rule of law.
right to the fundamental rights and freedoms laid down in the Constitution in accordance with “equality” and “social justice”, to lead an honorable life and to improve his/her material and spiritual well-being under the aegis of national culture, civilization, and the rule of law.
Soru 64
Which of the following sets the minimum standards for of human rights under
state of emergency?
state of emergency?
Seçenekler
A
Constitution
B
Code of Obligations
C
Code of Private International Law
D
Civil Code
E
Turkish Code of Trade
Açıklama:
The Turkish Constitution also sets minimum standards for protection of human rights under state of emergency.
Soru 65
On what date the individual application has been introduced into the Turkish Legal System?
Seçenekler
A
1961
B
1982
C
2009
D
2010
E
2017
Açıklama:
The individual application has been introduced into the Turkish Legal System by the constitutional amendment made on 12.09.2010 with the Law No 5982.
Soru 66
Who can apply for the constitutional complaint?
Seçenekler
A
Turkish citizens
B
Everyone other than immigrants
C
Everyone
D
People over the age of 18
E
Foreigners
Açıklama:
The article 45/1 of the Law No 6216 states that:
“Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.”
“Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.”
Soru 67
Which of the following falls under the competence of the Constitutional Court with regards to the individual application?
Seçenekler
A
Legislative acts and legislative decrees
B
Regulatory administrative acts
C
Decisions of the Constitutional Court
D
Decisions of the Supreme Military Council on promotion and retiring due to lack of tenure
E
Decisions of the Turkish Supreme Court
Açıklama:
Below cannot fall under the competence of the Constitutional Court with
regards to the individual application:
• legislative acts and legislative decrees,
• regulatory administrative acts,
• decisions of the Constitutional Court,
• acts of the President of the Republic in his/ her own competence (Article 125/2 of the Constitution)
• decisions of the Supreme Military Council on promotion and retiring due to lack of tenure, (Article 125/2 of the Constitution)
• decisions of the High Council of Judges and Prosecutors other than dismissal from the profession (Article 159/10 of the Constitution)
regards to the individual application:
• legislative acts and legislative decrees,
• regulatory administrative acts,
• decisions of the Constitutional Court,
• acts of the President of the Republic in his/ her own competence (Article 125/2 of the Constitution)
• decisions of the Supreme Military Council on promotion and retiring due to lack of tenure, (Article 125/2 of the Constitution)
• decisions of the High Council of Judges and Prosecutors other than dismissal from the profession (Article 159/10 of the Constitution)
Soru 68
"The power of the Constitutional Court in examination of the case is limited to whether there exists any violation of fundamental rights and freedoms, and if so, to determine how such violation could be ........".
Which of the following completes the sentence correctly?
Which of the following completes the sentence correctly?
Seçenekler
A
Eliminated
B
Regulated
C
Compensated
D
Remedied
E
Overrated
Açıklama:
The power of the Constitutional Court in examination of the case is limited to whether there exists any violation of fundamental rights and freedoms, and if so, to determine how such violation could be remedied.
Ünite 4
Soru 1
Which is the first constitutionlike document in order to limit powers of rulers?
Seçenekler
A
Tanzimat Fermanı
B
The Constitution of 1924
C
The Constitution of 1921
D
Senedi İttifak
E
Kanuni Esasi
Açıklama:
When we review history of constitutions in Turkey, Senedi İttifak (1808) was a kind of document in order to set balance and maintain relationships between the Sultan and nobles. Tanzimat Fermanı was the first action taken in the way of constitutional steps. The document granted equal rights to muslims and minorities regarding honour, modesty, right to property and life, judiciary,
military service and tax liabilities. But Kanuni Esasi (1876) was the first constitutionlike document in order to limit powers of rulers.
military service and tax liabilities. But Kanuni Esasi (1876) was the first constitutionlike document in order to limit powers of rulers.
Soru 2
Which one of the following is not one of the duties and powers of the Turkish National Assembly?
Seçenekler
A
To enact, amend and repeal laws
B
To authorize the Council of Ministers
C
To approve the ratification of international treaties,
D
To debate and adopt the budget bills and final accounts bills
E
To give advise to the President of the Republic to declare war
Açıklama:
Duties and powers of the Turkish National Assembly are laid down in article 87 of the Constitution. Declaring war is one of the main duties and powers of Grand National Assembly, not the President of Republic.
Soru 3
Which is the high court of the administrative jurisdiction?
Seçenekler
A
Council of State
B
Constitutional Court
C
Court of Cassation
D
High Military Administrative Court
E
Court of Accounts
Açıklama:
As for the judicial review of administration, there are administrative and tax courts, district administrative courts and Council of State (Danıştay), as a high court.
Soru 4
What does mean of "central administration and decentralized administration together considered to be one single unit."?
Seçenekler
A
Legality
B
Unilateralism of administration
C
Integrity
D
Separation of powers
E
Judicial review
Açıklama:
The basic principle governing administration in Turkey would be “integrity”. This means central administration and decentralized administration together considered to be one single unit. Article 123/1 of the Constitution underlines this character of administration as follows: “The administration forms a whole, with regard to its constitution and functions, and shall be regulated by law”.
Soru 5
Which is the main body of Central Departments?
Seçenekler
A
Governor
B
Council of State
C
Sub-province Governor
D
Ministries
E
President of State
Açıklama:
Central administration is where the public power is unified and exercised throughout thev country. Ministries are the main body of Central Departments.
Soru 6
Which one of the following statements is false as regards to provincial departments?
Seçenekler
A
Turkey is divided into provinces on the basis of “geographical situation”, “economic conditions”, and “public service” requirements.
B
Under the Law on Provincial Administration (No 5442) lower levels of provinces are laid down as sub-provinces and districts.
C
The administration of the provinces is based on the principle of devolution of powers.
D
The mayor is the chief executive of the province and is responsible for the coordination and cooperation of government authorities within the province.
E
Central administrative organizations comprising several provinces may be established to ensure efficiency and coordination of public services.
Açıklama:
The provincial departments are under the hierarchy of Ministries. The head of the province is the governor; head of the sub-province is the subgovernor. The governor is the chief executive of the province and is responsible for the coordination and cooperation of government authorities within the province.
Soru 7
I. Universitiy
II. Province
III.The Turkish Radio and Television Corporation
IV. Public Professional Organizations
V. Village
Which one(s) is/are example(s) of functionally decentralized administration?
II. Province
III.The Turkish Radio and Television Corporation
IV. Public Professional Organizations
V. Village
Which one(s) is/are example(s) of functionally decentralized administration?
Seçenekler
A
Only I
B
I, III and IV
C
II and V
D
I, II and III
E
III and IV
Açıklama:
Article 127 of the Constitution enumerates local administrations as “provinces” (other than the ones in central administration), “municipalities” and “villages”, and defines their function as to provide the common local needs of the inhabitants of provinces.
Soru 8
What does mean of of "control of the central bodies on acts, actions, officers and financial resources of local administration".?
Seçenekler
A
Administrative tutelage
B
Sovereignty
C
Integrity
D
Decentralized administration
E
Public personnel
Açıklama:
The relations between local administrations/ geographically decentralized administrations and central administration are provided with administrative tutelage. Administrative tutelage is a means of control of the central bodies on acts, actions, officers and financial resources of local administration.
Soru 9
Which one of the following functionally decentralized administrations are established to regulate the operation of markets and make regulations in order to both set and protect the public interest in these markets by setting standards, issuing licenses, prohibiting unlawful practices?
Seçenekler
A
Public Economic Enterprises
B
Independent Regulatory Agencies
C
Universities
D
The Council of Higher Education
E
Public Professional Organizations
Açıklama:
Independent Regulatory agencies (under article 166 of the Constitution and laws that establish them) -independently from central administration- are established to regulate the operation of markets and make regulations in order to both set and protect the public interest in these markets by setting standards, issuing licenses, prohibiting unlawful practices.
Soru 10
Which one of the following statements is false regard to judicial review of administration?
Seçenekler
A
The District Administrative Courts are the appellate courts for the judgments rendered by administrative and tax courts.
B
The Council of State is the highest administrative court in the organization of administrative courts according to the article 155 of the Constitution.
C
Law on the Procedure of Administrative Justice introduces "Action for Annulment" as sole remedy for disputes arising under Administrative Law.
D
The Administrative and Tax Courts are courts of first instance with general jurisdiction.
E
Action for annulment concerning administrative acts brought by persons whose interests is adversely effected by an administrative act alleged to be unlawful as regards to its components of competence, form, reason, subject and intention.
Açıklama:
Law on the Procedure of Administrative Justice introduces two types of remedies for disputes arising under Administrative Law; one being “action for annulment” and other being “full remedy action”.
Soru 11
What is "a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed" called?
Seçenekler
A
Government.
B
Administraiton.
C
Constitution.
D
Council.
E
Regulation.
Açıklama:
Constitution is defined as a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed. Therefore, the correct answer is C.
Soru 12
Which of the followings cannot be considered a part of constitutional evolution in Turkish history?
Seçenekler
A
Senedi İttifak (1808).
B
Asakir-i Mansure-i Muhammediye (1826).
C
Tanzimat Fermanı (1839).
D
Islahat Fermanı (1856).
E
Kanuni Esasi (1876).
Açıklama:
Asakir-i Mansure-i Muhammediye (1826) was the replacement for Yeniçeri forces. Others are documents limiting the Sultan's power. Therefore, the correct answer is B
Soru 13
I. Legislative,
II. Executive,
III. Judiciary,
IV. Caliphate.
According to the Constitution of 1924, the first constitution of the Turkish Republic, which powers listed above were given to National Assembly?
II. Executive,
III. Judiciary,
IV. Caliphate.
According to the Constitution of 1924, the first constitution of the Turkish Republic, which powers listed above were given to National Assembly?
Seçenekler
A
Only II.
B
II & III.
C
Only III.
D
I & II.
E
I, II & IV.
Açıklama:
The Constitution of 1924 consisted of principles for both assembly government and parliamentary system at the same time. Sovereign powers of the nation -legislative and executive- were vested in the Grand National Assembly. Therefore, the correct answer is D.
Soru 14
Although amended highly, which Turkish Constitution is still in force today?
Seçenekler
A
1924
B
1961
C
1971
D
1980
E
1982
Açıklama:
The Constitution of 1982 is the current constitution of the State of Turkish Republic. Therefore, the correct answer is E.
Soru 15
Which of the followings is not one of the duties and powers of the Turkish National Assembly?
Seçenekler
A
To debate and adopt the budget bills and final accounts bills.
B
To exercise the powers and carry out the duties envisaged in the other articles of the Constitution.
C
To establish the official communication between the senate with congress and cabinet of ministers.
D
To enact, amend and repeal laws.
E
To issue decrees having the force of law on certain matters.
Açıklama:
In Turkish Republic, there is no senate or congress, but Grand National Assembly. Therefore, the correct answer is C.
Soru 16
Which article of Turkish Constitution secures the rule of law?
Seçenekler
A
Article 1.
B
Article 2.
C
Article 3.
D
Article 4.
E
Article 6.
Açıklama:
Article 2 of the Constitution with a heading of “characteristics of the Republic” states that the Republic of Turkey is governed by the rule of law. Therefore, the correct answer is B.
Soru 17
Which of the followings is not one of the components of rule of law?
Seçenekler
A
Democracy shall be granted.
B
Judicial review of acts, actions and activities of State shall be granted, including the Parliament and the administration.
C
Independency and impartiality of the press shall be provided.
D
The acts, actions and activities of the State shall be done within the framework of laws.
E
Separation of powers shall be granted.
Açıklama:
Freedom of press is not included. Therefore, the correct answer is C.
Soru 18
What is separation of powers?
Seçenekler
A
Vesting of powers of State in different bodies.
B
Division of military forces adequately.
C
Superiority of legal institutions over administration.
D
The power to issue acts and bills.
E
The administrative power of the government.
Açıklama:
Separation of powers refers to the vesting of powers of State in different bodies as legislative, executive and judiciary. therefore, the correct answer is A.
Soru 19
I. Laws,
II. Decrees having the force of law,
III. Decisions of the Council of State,
IV. Procedures of the Grand National Assembly.
Which one(s) of the above-listed legal texts or acts does Constitutional Court examine, in terms of constitutionality in respect of both form and substance?
II. Decrees having the force of law,
III. Decisions of the Council of State,
IV. Procedures of the Grand National Assembly.
Which one(s) of the above-listed legal texts or acts does Constitutional Court examine, in terms of constitutionality in respect of both form and substance?
Seçenekler
A
I, II & III.
B
I, II, III & IV.
C
Only IV.
D
I, II & IV.
E
Only III.
Açıklama:
The Constitutional Court shall examine the constitutionality, in respect of both form and substance, of laws, decrees having the force of law and the Rules of Procedure of the Grand National Assembly of Turkey, and decide on individual applications. Therefore, the correct answer is D.
Soru 20
I. Province,
II. Canton,
III. Council of State,
IV. Council of Judges and Prosecutors.
Which one(s) of the above-listed items is/are element(s) of administration?
II. Canton,
III. Council of State,
IV. Council of Judges and Prosecutors.
Which one(s) of the above-listed items is/are element(s) of administration?
Seçenekler
A
I, II & III.
B
Only I.
C
I & III.
D
Only IV.
E
II, III & IV.
Açıklama:
Canton is not an administrative unit in Turkish Republic. Council of Judges and Prosecutors is of the judiciary. Therefore, the correct answer is C.
Soru 21
Which one is examined in different subbranch of law?
Seçenekler
A
Form and main organs of the State
B
Structure and functions of State organs
C
Fundamental rights
D
Fundamental freedoms
E
Torts
Açıklama:
Torts are included in law of obligations while all others are included in constitutional law.
Soru 22
“A body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed”
What is the term defined above?
What is the term defined above?
Seçenekler
A
International treaties
B
Human rights
C
Codes
D
Constitution
E
Agreements
Açıklama:
The given definition belongs to the term “constitution”.
Soru 23
Which one is first constitution of Republic of Turkey?
Seçenekler
A
Sened-i İttifak
B
Gülhane Hattı Hümayünü
C
Constitution of 1924
D
Constitution of 1961
E
Kanuni Esasi
Açıklama:
Sened-i İttifak, Gülhane Hattı Hümayünü and Kanuni Esasi were some actions and steps to create constitution. They were not technically a constitution. Besides they were before the Republic was established. Constitution of 61 is later than the 24.
Soru 24
Which organ has a right to debate and adopt the budget bills and final accounts bills in Republic of Turkey?
Seçenekler
A
The President
B
Prime Minister
C
Ministry of Economy
D
National Assembly
E
The Treasury
Açıklama:
National Assembly is authorized for this mission by the Constitution.
Soru 25
“Members of the National Assembly of Turkey represent …..”
Fill the blank with correct option?
Fill the blank with correct option?
Seçenekler
A
Citizens who voted for them
B
Citizens who live in their election district
C
Citizens who are registered in their party
D
Nation as a whole
E
Citizens who are from their born place
Açıklama:
The correct word is nation as a whole. Members of parliement are not representatives of people who voted fort hem or who are from their district. They represent the nation as a whole.
Soru 26
How many organizations Central Administration of Turkey has?
Seçenekler
A
2
B
3
C
4
D
5
E
10
Açıklama:
It has 2 organizations: Central organization and provincial organization.
Soru 27
I. Council of State
II. National Security Council
III. Court of Cassation
IV. Court of Accounts
Which of above are advisory bodies of Turkey?
II. National Security Council
III. Court of Cassation
IV. Court of Accounts
Which of above are advisory bodies of Turkey?
Seçenekler
A
Only I
B
I and III
C
II and IV
D
I, II and III
E
I, II and IV
Açıklama:
Court of Cassation is not included in advisry bodies. It is a court of appeal and it has no administrative function. The answer is I, II and IV.
Soru 28
I. Guarantee to enjoy the right to defense and of judicial review in case of disciplinary measures.
II. As regards to liability in fulfilling their duties compensation suits shall be directed to the administration.
III. As regards to prosecution of offences committed within their duties, they are fired immediately.
Which statements are false about public personnel’s situation in Constitution?
II. As regards to liability in fulfilling their duties compensation suits shall be directed to the administration.
III. As regards to prosecution of offences committed within their duties, they are fired immediately.
Which statements are false about public personnel’s situation in Constitution?
Seçenekler
A
Only I
B
Only II
C
Only III
D
I and II
E
II and III
Açıklama:
I and II are true.but III is false. Because in those situations, a permit is asked from the administration to prosecute the personnel.
Soru 29
Who is the chief executive of the province and is responsible for the coordination and cooperation of government authorities within the province?
Seçenekler
A
President
B
Minister
C
Deputy minister
D
Sub-governoor
E
Governor
Açıklama:
The person defined above is the governor.
Soru 30
“…. is the last instance court for judgments rendered by administrative courts and district administrative courts and not referred by law to other administrative courts,”
Fill the blank with correct word?
Fill the blank with correct word?
Seçenekler
A
Court of Cassation
B
Court of Accounts
C
Council of State
D
Governor
E
National Assembly
Açıklama:
The blank must be filled with council of state. Because the given definition belongs to council of state.
Soru 31
Which of the following does not fall under the scope of administrative law?
Seçenekler
A
Composition of the government and agencies
B
Legal status of public personnel
C
Conducts that are threatening to property
D
Actions and activities of administration
E
Law governing relations between public authority and individuals
Açıklama:
As Administrative Law governs composition of the government and agencies, legal status of public personnel and public domain, acts, actions and activities of administration and liability of administration, law governing relations between public authority and individuals and judicial review of administration.
Conducts that are threatening to property, health, safety and welfare of people are governed by the criminal law.
The correct answer is C.
Conducts that are threatening to property, health, safety and welfare of people are governed by the criminal law.
The correct answer is C.
Soru 32
When was the Constitution currently used in Turkey adopted?
Seçenekler
A
1876
B
1924
C
1961
D
1982
E
2017
Açıklama:
The Constitution of 1982 is the current constitution of the State of Turkish Republic.
The correct answer is D.
The correct answer is D.
Soru 33
“... the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government."
Which of the following terms is defined in the above paragraph?
Which of the following terms is defined in the above paragraph?
Seçenekler
A
Rule of law
B
Legislative power
C
Equality before the law
D
Binding force of the law
E
Judicial review
Açıklama:
Rule of law, one of the fundamental principles of the administrative law, refers to "the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government".
The correct answer is A.
The correct answer is A.
Soru 34
I. The Constitutional Court is responsible for the judicial review of the execution.
II. Judicial power is vested to independent courts according to article 9 of the Constitution.
III. Judges shall give judgments according to the Constitution, laws and their personal conviction conforming with the law.
IV. Any decision of executive organs is superior to judges' decisions.
V. The formation, powers and duties of courts shall be regulated by law according to article 142 of the Constitution.
Which of the above statements about judicial review - one of the principles of administrative law - are not true?
II. Judicial power is vested to independent courts according to article 9 of the Constitution.
III. Judges shall give judgments according to the Constitution, laws and their personal conviction conforming with the law.
IV. Any decision of executive organs is superior to judges' decisions.
V. The formation, powers and duties of courts shall be regulated by law according to article 142 of the Constitution.
Which of the above statements about judicial review - one of the principles of administrative law - are not true?
Seçenekler
A
I-V
B
I-IV
C
II-III
D
III-IV
E
IV-V
Açıklama:
The information in statement I and statement IV is not correct.
The Council of State, together with administrative courts, is responsible for the judicial review of the execution. The judicial review of the legislative power is performed by the Constitutional Court.
Judges' decisions are binding upon legislative and executive organs and administration. Thus, executive decisions cannot be superior to judges' decisions.
The correct answer is B.
The Council of State, together with administrative courts, is responsible for the judicial review of the execution. The judicial review of the legislative power is performed by the Constitutional Court.
Judges' decisions are binding upon legislative and executive organs and administration. Thus, executive decisions cannot be superior to judges' decisions.
The correct answer is B.
Soru 35
"As acting under the law, the administration shall use powers conferred upon it and shall have competence to act, shall have legal reason to act, shall be hold responsible and accountable and shall be transparent."
Which of the following principles refers to these characteristics of administrative law?
Which of the following principles refers to these characteristics of administrative law?
Seçenekler
A
Judicial review
B
Rule of law
C
Unilateralism
D
Separation of powers
E
Legality
Açıklama:
As “law” is considered as a tool to protect individuals’ fundamental rights and freedoms, legality works as the basis of both framework and functioning of an administration. The principle of legality covers establishment and functioning of administration.
As acting under the law, the administration shall use powers conferred upon it and shall have competence to act, shall have legal reason to act, shall be hold responsible and accountable and shall be transparent. All of these components would amount to the principle of legality of administration.
The correct answer is E.
As acting under the law, the administration shall use powers conferred upon it and shall have competence to act, shall have legal reason to act, shall be hold responsible and accountable and shall be transparent. All of these components would amount to the principle of legality of administration.
The correct answer is E.
Soru 36
Which of the following units/persons does not constitute a part of the central administration in Turkey?
Seçenekler
A
Provincial organization
B
Governor
C
Ministry
D
National Security Council
E
Municipality
Açıklama:
The central administration and the decentralized administration are the main components of the Turkish Administration. Central administration consists of central departments and provincial departments, whereas decentralized administration consists of local administrations and functionally decentralized administrations. Thus, municipalities falling under local administrations do not constitute a part of the central administration.
The correct answer is E.
The correct answer is E.
Soru 37
Which of the following advisory bodies of the central administration "audits on behalf of the Grand National Assembly of Turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment"?
Seçenekler
A
Council of Ministers
B
Court of Accounts
C
National Security Council
D
Council of State
E
Prime Ministry
Açıklama:
Ministries are the main body of Central Departments. Besides, there are some other components in the central departments as advisory bodies. One of these is the Court of Accounts, which audits on behalf of the Grand National Assembly of Turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment.
The correct answer is B.
The correct answer is B.
Soru 38
I. Municipalities
II. Universities
III. Provinces
IV. Council of Higher Education
V. Turkish Radio and Television Corporation
VI. Competition Authority
Which of the above legal persons are examples of functionally decentralized administrations in Turkey?
II. Universities
III. Provinces
IV. Council of Higher Education
V. Turkish Radio and Television Corporation
VI. Competition Authority
Which of the above legal persons are examples of functionally decentralized administrations in Turkey?
Seçenekler
A
II, IV, V, VI
B
I, II, III, VI
C
III, IV, V
D
I, II, III
E
IV, V, VI
Açıklama:
Functionally decentralized administrations consist of various public legal persons having administrative and financial autonomy that serve specific public services nationwide. Among examples of functionally decentralized administrations are universities, Council of Higher Education, Turkish Radio and Television Corporation, High Institution of Atatürk, Culture,Language and History, and independent regulatory agencies including Radio and Television Supreme Council, Competition Authority, Banking Regulation and Supervision Authority, Telecommunications Authority and Energy Markets Regulatory Authority.
Thus, the correct answer is A.
Thus, the correct answer is A.
Soru 39
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?
Seçenekler
A
Tax Court
B
Council of Ministers
C
Court of Accounts
D
Council of State
E
Court of Appeal
Açıklama:
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.
The correct answer is D.
Soru 40
Which of the following is the term that describes the situation applying to a person who is directly affected and incurred loss as a result of administrative act, action or contract?
Seçenekler
A
Action for annulment
B
Dispute resolution
C
Full remedy action
D
Coercive relief
E
Restitution
Açıklama:
Law on the Procedure of Administrative Justice introduces two types of remedies for disputes arising under the Administrative Law, one being “action for annulment” and the other being “full remedy action”. Full remedy action is concerned with administrative acts and actions brought by persons whose personal rights have been directly affected.
The correct answer is C.
The correct answer is C.
Soru 41
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?
Seçenekler
A
Constitution
B
Administration
C
State
D
Governing
E
Law
Açıklama:
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.
functions of State organs and fundamental rights and freedoms.
Soru 42
Which of the following one was the first constitutionlike document in order to limit powers of rulers?
Seçenekler
A
Tanzimat Fermanı
B
Islahat Fermanı
C
Senedi İttifak
D
Kanuni esasi
E
The Constitution of 1924
Açıklama:
Kanuni Esasi (1876) was the first constitutionlike document in order to limit powers of rulers.
Soru 43
Which of the following statements is not correct related to Kanuni Esasi (1876)?
Seçenekler
A
The supreme authority and personality of the Sultan was kept
B
The Ottoman Monarchy remained while two assemblies
C
Responsibility of the Sultan was particularly articulated
D
It was an example of the constitutionlike documents in order to limit powers of rulers
E
There were a parliament named Meclis-i Umumi
Açıklama:
Responsibility of the Sultan was not articulated in the Kanuni Esasi, accordingly, Sultan was predominant as regards to powers.
Soru 44
Which of the following one was the first constitution of the Turkish Republic?
Seçenekler
A
Kanuni Esasi (1876)
B
The Constitution of 1921
C
The Constitution of 1924
D
The Constitution of 1961
E
The Constitution of 1982
Açıklama:
The Constitution of 1924 was the first constitution of the Turkish Republic
Soru 45
Which of the following one is an example of Local Administrations?
Seçenekler
A
Provincial
B
Province
C
Ministry
D
Council of State
E
National Security Council
Açıklama:
Province, Municipality and Village are Local Administrations in the Turkish Administrative Law.
Soru 46
Which of the following is concerning administrative acts brought by persons whose interests is adversely effected by an administrative act alleged to be unlawful as regards to its components of competence, form, reason, subject and intention?
Seçenekler
A
Action for annulment
B
Full remedy action
C
Action for damages
D
Liability claim
E
Action for tort
Açıklama:
Action for annulment concerning administrative acts brought by persons whose interests is adversely effected by an administrative act alleged to be unlawful as regards to its components of competence, form, reason, subject and intention.
Soru 47
Which of followings is one of the remedies for disputes arising under Administrative Law?
Seçenekler
A
Commercial case
B
Full remedy action
C
Declaratory judgment action
D
Action for performance of contract
E
Criminal case
Açıklama:
Law on the Procedure of Administrative Justice introduces two types of remedies for disputes arising under Administrative Law; one being “action for annulment” and other being “full remedy action”.
Soru 48
When did the proclamation of the Turkish Republic take place under the ruling of the Constitution of 1921?
Seçenekler
A
January 1, 1920
B
April 23, 1920
C
April 23, 1923
D
October 29, 1923.
E
November 10, 1938
Açıklama:
Under the ruling of the Constitution of 1921 the proclamation of the Turkish Republic took place on October 29, 1923.
Soru 49
Which of the following one is the current constitution of the State of Turkish Republic?
Seçenekler
A
The Constitution of 1876
B
The Constitution of 1921
C
The Constitution of 1924
D
The Constitution of 1961
E
The Constitution of 1982
Açıklama:
The Constitution of 1982 is the current constitution of the State of Turkish Republic.
Soru 50
Which of the following one was a kind of document in order to set balance and maintain relationshipsns between the Sultan and nobles?
Seçenekler
A
Senedi İttifak
B
Tanzimat Fermanı
C
Gülhane Hattı Humayunu
D
Kanuni Esasi
E
Teşkilatı Esasiye Kanunu
Açıklama:
Senedi İttifak (1808) was a kind of documentnin order to set balance and maintain relationshipsnbetween the Sultan and nobles.
Ünite 5
Soru 1
I. Crimes are universal.
II. Crimes can be against public morals.
III. Crimes can be against environmental values
Which of above are true?
II. Crimes can be against public morals.
III. Crimes can be against environmental values
Which of above are true?
Seçenekler
A
Only I
B
Only II
C
Only III
D
I and II
E
II and III
Açıklama:
Crimes are not universal, they are local; because one act could be considered as a crime in a country while not considered as a crime in some other country. II and III are true.
Soru 2
I. To deter people from doing acts that harm others or society
II. To set out the conditions under which people who have performed such acts will be punished
III. To provide guidance on the kinds of behaviours which are considered as acceptable by society
Which of the above are functions of criminal law?
II. To set out the conditions under which people who have performed such acts will be punished
III. To provide guidance on the kinds of behaviours which are considered as acceptable by society
Which of the above are functions of criminal law?
Seçenekler
A
Only I
B
Only II
C
Only III
D
I and III
E
I, II and III
Açıklama:
All given items are among the functions of criminal law.
Soru 3
Which one of criminal law concerns is not related to support of public interest in?
Seçenekler
A
Preventing physical injury.
B
Proscribing personal immorality deemedinjurious to society’s well-being.
C
Preventing the moral corruption of the young through crimes such as gross indecency and unlawful sexual intercourse with children.
D
Maintaining the integrity of the state and the administration of justice through crimes such as treason, perjury, perverting the course of justice, tax evasion.
E
Offenses through crimes such as indecent exposure, indecency in public, solicitation
Açıklama:
First 4 choices are about public interest; and Offenses through crimes such as indecent exposure, indecency in public, solicitation is about private interest.
Soru 4
When was the adultery removed from Turkish Penal Code?
Seçenekler
A
1978
B
1988
C
1999
D
2001
E
2012
Açıklama:
It was removed from the code in 1999.
Soru 5
I. Voluntary act
II. Omissions
III. Intention
Which of the above is/are objective element/s of crime?
II. Omissions
III. Intention
Which of the above is/are objective element/s of crime?
Seçenekler
A
Only I
B
I and II
C
II and III
D
I and III
E
I, II and III
Açıklama:
Intention is one of the subjective element of crime.
Soru 6
Which one is not crime according to Turkish Penal Code?
Seçenekler
A
Theft
B
Bribery
C
Adultery
D
Sexual assault
E
To harm a person’s body
Açıklama:
Adultery is no longer a crime in Turkey since 1999.
Soru 7
“……… is the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence.”
Choose the option that completes the sentence correctly.
Choose the option that completes the sentence correctly.
Seçenekler
A
Negligence
B
Omission
C
Intention
D
Voluntary act
E
Crime
Açıklama:
The given definition belongs to the negligence.
Soru 8
“In general, criminal law systems distinguish two forms of complicity: ………and………”
Choose the option that completes the blanks correctly.
Choose the option that completes the blanks correctly.
Seçenekler
A
Incitement - criminal attempt
B
Criminal attempt - negligence
C
Incitement - intention
D
Incitement - assistance
E
Assistance - voluntary act
Açıklama:
Incitement and assistance are the forms of complicity in criminal law systems.
Soru 9
Which one of the following is not a justification reason?
Seçenekler
A
Self defence
B
Defence of another
C
Consent
D
Execution of Statutory Provisions and Superior Orders
E
To be drunk
Açıklama:
To be drunk is not a justification reason.
Soru 10
Which one of the following is not an excuse?
Seçenekler
A
Insanity
B
Diminished responsibility
C
Necessity
D
Consent
E
Mistake
Açıklama:
Consent is one of the justification reasons; not an excuse.
Soru 11
Which of the following is not one of the major concerns of criminal law?
Seçenekler
A
preventing physical injury
B
proscribing personal immorality deemed injurious to society’s well-being
C
preventing the moral corruption of the young
D
setting rules that govern private rights
E
maintaining public order and security
Açıklama:
The scope of criminal law is quite wide. In opposition to the general opinion regarding the scope of crime, the scope of criminal law goes beyond murder, theft, assault and rape. It also includes environmental offences, crimes against public morals, as well as traffic offences.
Private rights mainly fall under the scope of civil law. The correct answer is D.
Private rights mainly fall under the scope of civil law. The correct answer is D.
Soru 12
"People should have sufficiently certain and clear warnings about the forbidden conducts."
Which of the following governing principles of criminal law is defined above?
Which of the following governing principles of criminal law is defined above?
Seçenekler
A
Principle of maximum certainty
B
Principle of proportionate response
C
Principle of fair labelling
D
Principle of strict construction
E
Presumption of innocence
Açıklama:
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.
Soru 13
"Executing a criminal is the most extreme form of rendering a person incapable of committing future crimes. Criminals sentenced to imprisonment cannot cause further harm to the general public during the length of their sentence."
Which of the following forms of punishment is defined above?
Which of the following forms of punishment is defined above?
Seçenekler
A
Specific deterrence
B
Incapacitation
C
Rehabilitation
D
General Deterrence
E
Retribution
Açıklama:
The form of punishment defined in this question is incapacitation, also known as restraint. The correct answer is B.
Soru 14
Which principle of criminal law is defined by "Nulle Poena Sine Lege, Nullum Crimen Sine Lege"?
Seçenekler
A
Principle of minimal intervention
B
Presumption of innocence
C
Principle of welfare
D
Principle of personal responsibility
E
Principle of legality
Açıklama:
"Nulle Poena Sine Lege, Nullum Crimen Sine Lege" refers to the fact that an act may only be punished if criminal liability had been established by law before the act was committed. This is known as the principle of legality, which suggests that punishability requires a written act of parliament and cannot be based on custom, that criminal prohibitions must determine the prohibited conduct, that acts cannot be punished retroactively, and that a statutory prohibition cannot be extended by analogy to a conduct not covered by the ordinary meaning of the words used. The correct answer is E.
Soru 15
What is the typical punishment for any person causing death of a person due to failure to perform a legal obligation or requirement?
Seçenekler
A
imprisonment of twelve years to twenty years
B
heavy life imprisonment
C
imprisonment of ten years
D
life imprisonment
E
criminal fine
Açıklama:
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.
Soru 16
Which of the following is the definition of principal in criminal law?
Seçenekler
A
Each person participating in the commission of an offence
B
The main perpetrator of the offence, i.e. the person who commits the actus reus
C
A person who encourages the commission of an offence
D
A person who provides the means used for the commission of the offence
E
A person who incites another person to commit an offence
Açıklama:
As the main perpetrator of the offence, principal is usually the person who commits the actus reus. Where more than one person is directly responsible for the actus reus, there may be more than one principal; those are known as joint principals. In general, criminal law systems distinguish three forms of principals: principal, joint principal and indirect principal. To put it another way, whoever commits an offence individually or through another person is liable as a principal. The correct answer is B.
Soru 17
"No penalty shall be imposed upon an offender in respect of acts which were necessary to repel an unjust assault which is directed, carried out, certain to be carried out or to be repeated against a right to which he, or another, was entitled, provided such acts were proportionate to the assault, taking into account the situation and circumstances prevailing at the time."
Which of the following concepts is defined above?
Which of the following concepts is defined above?
Seçenekler
A
Incitement
B
Complicity
C
Corporate liability
D
Self-defense
E
Cusation
Açıklama:
In the criminal law, self-defense has always been recognized as a ground of justification. Article 25 of the TPC defines self-defense as follows:
"No penalty shall be imposed upon an offender in respect of acts which were necessary to repel an unjust assault which is directed, carried out, certain to be carried out or to be repeated against a right to which he, or another, was entitled, provided such acts were proportionate to the assault, taking into account the situation and circumstances prevailing at the time."
The correct answer is D.
"No penalty shall be imposed upon an offender in respect of acts which were necessary to repel an unjust assault which is directed, carried out, certain to be carried out or to be repeated against a right to which he, or another, was entitled, provided such acts were proportionate to the assault, taking into account the situation and circumstances prevailing at the time."
The correct answer is D.
Soru 18
Which of the following acts does not constitute a crime although it causes physical injury?
Seçenekler
A
Theft
B
Murder
C
Fire
D
Assault
E
Surgery
Açıklama:
A victim’s consent to the defendant’s behaviour can exempt the defendant from liability. The issue normally arises in relation to non-fatal offences against a person. For example, tattooing, surgery and ear-piercing normally constitute the crime of injury. Yet the consent of the victim prevents the act from being proscribed. The correct answer is E.
Soru 19
In the Turkish Penal Code, which of the following is not one of the cases where punishment is reduced?
Seçenekler
A
Provocation
B
Coercion
C
Consent
D
Infancy
E
Insanity
Açıklama:
Excuse is a factor considered in determining the person’s individual accountability for the wrongdoing. Even though excuses do not abolish the existence of the offence, they reduce the punishment of or remove the liability of the perpetrator. Insanity, infancy, coercion and provocation are among the excuses mentioned in the Turkish Penal Code. However, consent is concerned with the victim's declaration. The correct answer is C.
Soru 20
Which of the following refers to the action or practice of persuading someone to do something by improper use of force or threat?
Seçenekler
A
Coercion
B
Provocation
C
Mistake
D
Necessity
E
Diminished responsibility
Açıklama:
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.
Soru 21
“A/an ......., an act committed or omitted in violation of public law, either forbidding or commanding it.”
What is the most appropriate term for the blank given above?
What is the most appropriate term for the blank given above?
Seçenekler
A
Crime
B
Criminal law
C
Punishment
D
Omission
E
Tort
Açıklama:
There are a number of definitions concerning ‘what crime is’, the definition of Blackstone, a famous English jurist, stands out as the most remarkable and comprehensible. According to Blackstone, a crime is ‘an act committed or omitted in violation of public law, either forbidding or commanding it’. The correct answer is A.
Soru 22
Which one of followings about crime is true?
Seçenekler
A
Criminal law is not wider than murder, theft, assault and rape.
B
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.
C
A crime is not ‘an act committed or omitted in violation of public law, either forbidding or commanding it’.
D
Crimes are not described and distinguished from other acts or omissions with respect to giving rise to judicial proceedings andthe prospect of state punishment.
E
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’.
Açıklama:
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.
Soru 23
Which one of followings about criminal law is false?
Seçenekler
A
Criminal liability is the strongest formal condemnation that society can inflict.
B
One of the major concerns of criminal law is preventing physical injury.
C
One of the major concerns of criminal law is proscribing personal immorality deemed injurious to society’s well-being.
D
One of the major concerns of criminal law is preventing the moral corruption of theyoung through crimes such as gross indecency and unlawful sexual intercourse with children.
E
One of the major concerns of criminal law is maintaining rate of crime.
Açıklama:
One of the major concerns of criminal law is decreasing rate of crime.
Soru 24
Which one of followings about core of modern criminal law is true?
Seçenekler
A
The principle of poverty and harming the common good.
B
The principle of harm to other.
C
The principle of minimal intervention: Law should not criminalize too much behaviour.
D
The principle of maximal intervention.
E
The principle of minimum certainty.
Açıklama:
The governing principles which lie at the core of modern criminal law are as follows:
• The principle of welfare and upholding thecommon good,
• The principle of prevention of harm toothers,
• The principle of minimal intervention: Lawshould not criminalize too much behaviour,
• The principle of social responsibility: Societyrequires a certain level of cooperation between citizens,
• The principle of proportionate response:The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,
• The non-retroactivity principle: A personshould not be convicted or punished except in accordance with a previously declared offense,
• The thin-ice principle: Those who skateon thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,
• The principle of maximum certainty: Peopleshould have sufficiently certain and clear warnings about the forbidden conducts,
• The principle of fair labelling: Offensesshould be labelled in a manner to reflect the seriousness of the law violated,
• The principle of strict construction:Ambiguities in criminal law should be construed in favour of the defendant,
• The presumption of innocence: A principleof procedural fairness that the defendant should be presumed innocent until proved guilty.
• The principle of welfare and upholding thecommon good,
• The principle of prevention of harm toothers,
• The principle of minimal intervention: Lawshould not criminalize too much behaviour,
• The principle of social responsibility: Societyrequires a certain level of cooperation between citizens,
• The principle of proportionate response:The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,
• The non-retroactivity principle: A personshould not be convicted or punished except in accordance with a previously declared offense,
• The thin-ice principle: Those who skateon thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,
• The principle of maximum certainty: Peopleshould have sufficiently certain and clear warnings about the forbidden conducts,
• The principle of fair labelling: Offensesshould be labelled in a manner to reflect the seriousness of the law violated,
• The principle of strict construction:Ambiguities in criminal law should be construed in favour of the defendant,
• The presumption of innocence: A principleof procedural fairness that the defendant should be presumed innocent until proved guilty.
Soru 25
Which one of followings concerning purposes of criminal law is false?
Seçenekler
A
The purpose of criminal law is to protect society so that its members can be reasonably secure in carrying out constructive activities.
B
Only behaviors that are detrimental to the welfare of society should be made criminal.
C
Criminal law seeks to enforce moral values.
D
Criminal law seeks to punish those who deserve punishment.
E
Criminal law seeks to demolish order.
Açıklama:
Criminal law seeks to preserve order.
Soru 26
Which one of statements about theories of punishment is true?
Seçenekler
A
Absolute theories of punishment -revenge,retribution, atonement- look back to the past, tothe criminal deed and aim at balancing the harm done.
B
Unification focuses on preventing the repetitive behaviours rather than on what has happened before.
C
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.
D
Executing a criminal is not the most extreme form of rendering a person incapable of committing future crimes.
E
Punishment may not express themoral condemnation of the community and is a lawful means of avenging a wrong.
Açıklama:
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.
Soru 27
What could be the best explanation for ‘the principle of strict construction’?
Seçenekler
A
Law should not criminalize too much behaviour.
B
Society requires a certain level of cooperation between citizens.
C
The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed.
D
A person should not be convicted or punished except in accordance with a previously declared offense.
E
Ambiguities in criminal law should be construed in favour of the defendant.
Açıklama:
There are lots of governing principles which lie at the core of modern criminal law. One of them is ‘the principle of strict construction’ meaning “ambiguities in criminal law should be construed in favor of defendant. The correct answer is E.
Soru 28
Which of the followings cannot be described as ‘one of the objektives of Criminal law’?
Seçenekler
A
To enforce moral values
B
To punish people who are about to commit a crime
C
To protect the public from harm
D
To preserve order
E
To educate people about appropriate conduct and behavior
Açıklama:
Punishment comes up when the criminal proceeding is completed and the sentence is given. So first of all, a crime should be committed. Punishing people who are about to commit a crime is not one of the objektives of Criminal law. The correct answer is B.
Soru 29
“Executing a criminal is the most extreme form of rendering a person impotent of commiting future crimes. Criminals in prison cannot cause further harm to general public during the length of their sentence.”
Which of the followings corresponds to the statement given above?
Which of the followings corresponds to the statement given above?
Seçenekler
A
Retribution
B
Rehabilitation
C
Incapacitation/restraint
D
Specific deterrence
E
General deterrence
Açıklama:
There are some forms of punishment in a variety of ways. One of them is known as ‘incapacitation/restrain’: 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. The correct answer is C.
Soru 30
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?
II. Penal/Criminal Code
III. Judiciary
IV. Executive
Which of the sources given above are accepted as a source of criminal law?
Seçenekler
A
I - II - III
B
I - II - IV
C
I - III - IV
D
II - III - IV
E
I - II - III - IV
Açıklama:
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.
Soru 31
‘No one is accused until proven guilty.’
What is the principle of criminal law whose essence is explained above?
What is the principle of criminal law whose essence is explained above?
Seçenekler
A
The principle of personal responsibility
B
The principle of legality
C
The principle of certainty
D
Nulle poena sine lege
E
The presumption of innocence
Açıklama:
The presumption of innocence means, with a simple definition, no one is accused until proven guilty. The burden is on the prosecution to prove the case. The principle burdens the prosecution with the proof of the committed offense. A person however clear the evidence seems to be, is innocent until proved guilty. The correct answer is E.
Soru 32
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?
What is the most appropriate term for the blank given above?
Seçenekler
A
Mens rea
B
External element
C
Actus reus
D
Ommisions
E
Resbonsibility
Açıklama:
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.
Soru 33
What is the term that means ‘the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence’?
Seçenekler
A
Intention
B
Negligence
C
Ommisions
D
Actus reus
E
External element
Açıklama:
According to Article 22 of the TPC, “negligence” is the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence. The correct answer is B.
Soru 34
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?
Seçenekler
A
Necessity
B
Rescklesness
C
Mistake of fact
D
Mistake of law
E
Actus reus
Açıklama:
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.
Soru 35
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?
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?
Seçenekler
A
Only I
B
Only II
C
I - II
D
I - III
E
II - III
Açıklama:
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.
Soru 36
Which one of followings about conduct of criminal is false?
Seçenekler
A
To criminalize a certain kind conduct is to declarethat it amounts to a public wrong, and that such behaviours ought to be avoided.
B
All immoral or harmful behaviours are combated by means of a crime.
C
Harm principle is described that a behaviour should not be criminal unless thebehaviour causes harm to another person.
D
In continental legal thought, the concept of legal good which base on the idea that all offenses are there to defend specific legally protected interest has played an important role in the theory of criminalization.
E
According to legal goods principle, a legal good comprise two conditions in order to be considered worthy of protection by the criminal law.
Açıklama:
For this reason, at the point of the legislation, legislature should decide what behaviour should be criminalised and what should not.
The frequent response to this question is that it should be the behaviour, which is immoral and harmful16. Unlike the general opinion, not allimmoral or harmful behaviours are combated by means of a crime. To this respect more motives are required to defining crimes than opting whether behaviour is immoral or harmful.
The frequent response to this question is that it should be the behaviour, which is immoral and harmful16. Unlike the general opinion, not allimmoral or harmful behaviours are combated by means of a crime. To this respect more motives are required to defining crimes than opting whether behaviour is immoral or harmful.
Soru 37
Which one of statements about the general and special parts of criminal law is wrong?
Seçenekler
A
Criminal law consists of two sections: a general and a special part.
B
The principles applicable to every kind of crimes regulated in the special part, are located in the general part.
C
The special part of criminal law defines specific crimes, according to the principles set out in the general part.
D
The specific principles are the fundamental regulations, which apply to some of the crimes in special part.
E
Defining the specific crimes and arranging them into the groups by subject matter pertain to the special part of criminal law.
Açıklama:
The general principles are the fundamental regulations and apply, without exception, to defined crimes in special part.
Soru 38
Which one of followings concerning the principle of legality is false?
Seçenekler
A
Punishability does not requires a written act ofparliament and cannot be based on custom.
B
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.
C
Criminal prohibitions must determine the prohibited conduct, they must be definite (the principle of certainty)
D
Acts cannot be punished retroactively. (the principle of non retroactivity)
E
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)
Açıklama:
Punishability requires a written act ofparliament and cannot be based on custom.(No Punishment without Law)
Soru 39
Which one of statements about objective and subjective element is true?
Seçenekler
A
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.
B
As a general rule, omission does not attract criminal liability.
C
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.
D
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.
E
According to the TPC, gross negligence infailing to perform one’s duties may attach criminalliability, if there is a death or serious injury.
Açıklama:
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.
Soru 40
Which one of followings concerning forms of participation is false?
Seçenekler
A
As the main perpetrator of the offense, principal is usually the person who commits the actus reus.
B
Joint principal is an agreement between two or more persons to behave in a shared manner that will automatically constitute an offense commited by at least one of them.
C
Indirect principal refers to committing the offense through another person who conducts the criminal act.
D
With regard to indirect principal the agent is not fulfilling either the actus reus or mens rea of the offense.
E
P asks A, a 10-year-old child, to steal a packet of cigarettes. If she thinks that she is committing an offense, A is held criminally liable as she is under 14.
Açıklama:
Jurisprudence and commentators haveacknowledged the following categories with regardto indirect principal:
The agent lacks criminal capacity. Example: P asks A, a 10-year-old child, to steal a packet of cigarettes. Even if she thinks thatshe is committing an offense, A is not held criminally liable as she is under 14.
The agent lacks criminal capacity. Example: P asks A, a 10-year-old child, to steal a packet of cigarettes. Even if she thinks thatshe is committing an offense, A is not held criminally liable as she is under 14.
Soru 41
Which of the followings is one of the criminal law's major concerns in terms of private interest?
Seçenekler
A
Maintaining the integrity of the state and the administration of justice.
B
Preventing undesired physical interference through crimes.
C
Preventing the moral corruption of the young.
D
Preventing physical injury.
E
Proscribing personal immorality deemed injurious to society’s well-being.
Açıklama:
Preventing undesired physical interference through crimes is of private interest whereas the others listed are of public interest. Therefore, the correct option is B.
Soru 42
Which of the followings is the principle that forsees "the defendant should be presumed innocent until proved guilty"?
Seçenekler
A
Thin-ice principle.
B
Non-retroactivity principle.
C
Principle of strict construction.
D
Presumption of innocence.
E
Principle of maximum certainty.
Açıklama:
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.
Soru 43
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"?
Seçenekler
A
Non-retroactivity principle.
B
Principle of maximum certainty.
C
Thin-ice principle.
D
Principle of strict construction.
E
Presumption of innocence.
Açıklama:
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.
Soru 44
Which of the followings is the principle that forsees "the response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed"?
Seçenekler
A
Principle of maximum certainty.
B
Principle of welfare and upholding the common good.
C
Principle of proportionate response.
D
Principle of fair labelling.
E
Principle of strict construction.
Açıklama:
The principle of proportionate response means that the response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed. Therefore, the correct option is C.
Soru 45
Which of the followings is the principle that forsees "law should not criminalize too much behaviour"?
Seçenekler
A
Principle of proportionate response.
B
Principle of prevention of harm to others.
C
Principle of minimal intervention.
D
Principle of welfare and upholding the common good
E
Thin-ice principle.
Açıklama:
The principle of minimal intervention foresees that law should not criminalize too much behaviour. Therefore, the correct option is C.
Soru 46
Which of the followings is the principle that forsees "people should have sufficiently certain and clear warnings about the forbidden conducts"?
Seçenekler
A
Principle of strict construction.
B
Principle of proportionate response.
C
Principle of minimal intervention.
D
Principle of welfare and upholding the common good.
E
Principle of maximum certainty.
Açıklama:
The principle of maximum certainty forsees that people should have sufficiently certain and clear warnings about the forbidden conducts. Therefore, the correct option is E.
Soru 47
I. Enforcing moral values,
II. Preserving order,
III. Reforming the public,
IV. Deterring offenders and potential offenders.
Which one or ones listed above is/are of the outcomes that criminal law seeks to accomplish?
II. Preserving order,
III. Reforming the public,
IV. Deterring offenders and potential offenders.
Which one or ones listed above is/are of the outcomes that criminal law seeks to accomplish?
Seçenekler
A
Only I.
B
I, II & IV.
C
Only IV.
D
I, II & III.
E
II & IV.
Açıklama:
Criminal law seeks: • to enforce moral values; • to punish those who deserve punishment; • to protect the public from harm; • to reform the offender; • to deter offenders and potential offenders; • to educate people about appropriate conduct and behaviour; • to preserve order; • to protect vulnerable people from exploitation and corruption. Therefore, the correct option is B.
Soru 48
Criminals are imprisoned for a period of time for the sake of public safety. What is the type of this punishment?
Seçenekler
A
General deterrence.
B
Specific deterrence.
C
Rehabilitation.
D
Retribution.
E
Incapacitation.
Açıklama:
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.
Soru 49
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?
Seçenekler
A
General deterrence.
B
Specific deterrence.
C
Rehabilitation.
D
Retribution.
E
Incapacitation.
Açıklama:
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.
Soru 50
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?
Seçenekler
A
General deterrence.
B
Specific deterrence.
C
Rehabilitation.
D
Retribution.
E
Incapacitation/restraint.
Açıklama:
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.
Soru 51
What is the law about abortion in Turkey?
Seçenekler
A
There is no law regarding abortion.
B
The parents of the pregnant woman can request it.
C
It has a time limitation.
D
It can be done anytime during pregnancy.
E
It is completely banned.
Açıklama:
Abortion is permitted upon the woman’s request in the early weeks of pregnancy and in the later periods of time under certain circumstances (time limitation) in Turkey. In Ireland, only when the woman's life is at risk, is it possible.
Soru 52
Which of the following in true about legality principles?
Seçenekler
A
Acts can be punished based on customs.
B
Acts can be punished retroactively.
C
Acts can be punished based on morality.
D
Statutory prohibition can be extended by analogy.
E
Criminal prohibitions must be definite.
Açıklama:
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.’
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.’
Soru 53
Which of the below is an example of an act regulated by Civil Law?
Seçenekler
A
Torture
B
Assault
C
Murder
D
Tresspass
E
Rape
Açıklama:
Most civil wrongs are classified as breaches of contract or torts. A breach of contract occurs when a party to a contract violates the terms of the agreement. A tort, on the other hand, is a wrongful act that does not violate any enforceable agreement, but nevertheless violates a legal right of the injured party. Common examples of torts include wrongful death, intentional or negligent infliction of personal injury, wrongful destruction of property, trespass, and defamation of character.
A crime normally entails intentional conduct; thus, a driver whose car accidentally hits and kills another person would not necessarily be guilty of a crime, depending on the circumstances.
A crime normally entails intentional conduct; thus, a driver whose car accidentally hits and kills another person would not necessarily be guilty of a crime, depending on the circumstances.
Soru 54
Which one of the following is true about adultery?
Seçenekler
A
It is a criminal offense punishable by imprisonment.
B
It is a criminal offense punishable by fine.
C
It constitues a criminal offense for only men.
D
It constitues a criminal offense for only women.
E
It does not constitute a criminal offense.
Açıklama:
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.
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.
Soru 55
In which case is the person subject to criminal liability as per "actus reus"?
Seçenekler
A
A daughter who murdered her mother while sleepwalking
B
A poor father stealing bread to feed his family
C
A man getting injured by a person who was pushed by a friend
D
A person that was injected hallucinogenics shooting with a gun
E
A schizophrenic person assaulting another
Açıklama:
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.
Soru 56
Which one is an example of an omission that is subject to criminal liability?
Seçenekler
A
Not entering a building on fire to save someone
B
Not interfering with armed bank robbers
C
Not assisting a physically challenged man with his needs
D
Not taunting a wild animal to protect a child
E
Not going on the road to push someone while a speeding car is about to hit that person
Açıklama:
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.
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.
Soru 57
In which given case is the person not considered "aiding"?
Seçenekler
A
He supports the decision of committing an offense
B
He discusses various kinds of offense
C
He gives advice on how to commit the offense
D
He provides a necessary tool for the offense
E
He actively helps committing the offense
Açıklama:
Aiding refers to helping the principal at the time when the offense is committed. In order to convict the aider of a committed offense, the aider must have given some support which is described in Article 39 of the TPC as follows:
• encourages the commission of an offense,
• reinforces the decision to commit an offense,
• promises that he will assist after the commission of an act,
• provides counsel as to how an offense is to be committed,
• provides the means used for the commission of the offense,
• facilitates the execution of an offense by providing assistance before or after the commission of the offense.
• encourages the commission of an offense,
• reinforces the decision to commit an offense,
• promises that he will assist after the commission of an act,
• provides counsel as to how an offense is to be committed,
• provides the means used for the commission of the offense,
• facilitates the execution of an offense by providing assistance before or after the commission of the offense.
Soru 58
In a situation where another person than the perpetrator's help is essential to committing the crime, what is the second person liable as?
Seçenekler
A
Aider
B
Instigator
C
Perpetrator
D
Inciter
E
Joint principal
Açıklama:
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.
Soru 59
In which example can the perpetrator not claim "necessity"?
Seçenekler
A
The harm caused was disproportionate to the harm avoided.
B
There was no adequate alternative of the act.
C
The act was done in order to prevent damage.
D
The accused entertains objectively reasonable good faith belief.
E
The accused did not contribute to the creation of an emergency.
Açıklama:
To prevail on a claim of necessity, the perpetrator must show the following;
• The act charged as criminal must have been done to prevent a significant damage.
• There must have been no adequate alternative to the commission of the act.
• The harm caused by the act must not be disproportionate to the harm avoided.
• The accused must entertain a good faith belief that this act was necessary to prevent greater harm.
• Such belief must be objectively reasonable under all the circumstances.
• The accused must not have substantially contributed to the creation of the emergency.
• The act charged as criminal must have been done to prevent a significant damage.
• There must have been no adequate alternative to the commission of the act.
• The harm caused by the act must not be disproportionate to the harm avoided.
• The accused must entertain a good faith belief that this act was necessary to prevent greater harm.
• Such belief must be objectively reasonable under all the circumstances.
• The accused must not have substantially contributed to the creation of the emergency.
Soru 60
Which of the following acts does not fall under the scope of criminal law?
Seçenekler
A
Assault
B
Murder
C
Traffic offense
D
Divorce
E
Polluting the environment
Açıklama:
Blackstone defines a crime as "an act committed or omitted in violation of public law, either forbidding or commanding it". Criminal law is the field of law that is interested in criminal acts using criminal procedures. In addition to crimes such as theft, rape and assault, environmental offenses, crimes against public morals and traffic offenses fall under the scope of criminal law. However, civil law procedures apply to a divorce case unless there are criminal acts involved in the process.
The correct answer is D.
The correct answer is D.
Soru 61
"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?
Which of the following principles of the criminal law does this statement define?
Seçenekler
A
Non-retroactivity principle
B
Thin-ice principle
C
Maximum certainty principle
D
Minimal intervention principle
E
Proportionate response principle
Açıklama:
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.
The correct answer is A.
Soru 62
"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. This may help the individual to reintegrate with the society as a productive human being."
Which of the following forms of punishment is defined above?
Which of the following forms of punishment is defined above?
Seçenekler
A
Specific deterrence
B
General deterrence
C
Rehabilitation
D
Incapacitation
E
Retribution
Açıklama:
Rehabilitation is a form of punishment where the society seeks 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.
The correct answer is C.
The correct answer is C.
Soru 63
Which of the following three bodies are the sources of criminal law in Turkey?
Seçenekler
A
Government-Courts-Education
B
Legislature-Judiciary-Executive
C
Parliament-Council of Ministers-International law
D
Ministry of Justice-Council of Ministers-President
E
Supreme Court-Constitutional Court-Court of Appeals
Açıklama:
The three sources of criminal law in Turkey are legislature, judiciary and executive. According to the principle of legality, criminal prohibitions and sanctions should be based on written law (legislature), the role of the jurisdiction is to interpret the criminal law (judiciary), and for technical matters, the Turkish law system authorize administration to execute regulations in order to regulate details whose contents, purpose and scope are determined by the statute (executive).
The correct answer is B.
The correct answer is B.
Soru 64
Which of the following is not one of the requirements of the principle of legality?
Seçenekler
A
Punishability requires a written act of parliament and cannot be based on custom.
B
Criminal prohibitions must determine the prohibited conduct, they must be definite.
C
Acts cannot be punished retroactively.
D
The statutory prohibition cannot be extended by analogy.
E
Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law.
Açıklama:
The first four options indicate requirements of the principle of legality. However, the provision that "everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law" refers to the presumption of innocence, which is also one of the principles of the criminal law.
The correct answer is E.
The correct answer is E.
Soru 65
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?
Which of the following elements of liability is defined in this article?
Seçenekler
A
Voluntary act
B
Omission
C
Intention
D
Complicity
E
Criminal attempt
Açıklama:
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.
The correct answer is B.
Soru 66
Which of the following elements occurs when a person discharges, due to recklessness, waste that may cause the alteration of the natural characteristics of plants or animals, enhance or create infertility or cause an incurable illness in humans and animals?
Seçenekler
A
Criminal attempt
B
Negligence
C
Intention
D
Voluntary act
E
Omission
Açıklama:
Negligence is punishable only when the statute specifically includes liability fornegligence. According to Article 22 of the TPC, negligence is the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence.
The act defined in the question refers to recklessness of the perpetrator. Thus, the conduct is a crime due to negligence.
The correct answer is B.
The act defined in the question refers to recklessness of the perpetrator. Thus, the conduct is a crime due to negligence.
The correct answer is B.
Soru 67
"In order for an offense to constitute a jointly committed offense, it is sufficient that the act is unlawful and committed intentionally. Each person participating in the commission of an offense shall be sentenced according to his unlawful act, irrespective of the individual circumstances of others which may prevent the imposition of a penalty."
Which of the following terms with regard to involvement in crime is defined in this article of the Turkish Penal Code?
Which of the following terms with regard to involvement in crime is defined in this article of the Turkish Penal Code?
Seçenekler
A
Principal
B
Participant
C
Causation
D
Complicity
E
Intention
Açıklama:
Criminal law systems distinguish two forms of complicity: incitement and assistance. Incitement and assistance can occur only in terms of the basic kinds of intention-based offenses. The article 40 of the TPC acknowledges this rule as follows: In order for an offense to constitute a jointly committed offense, it is sufficient that the act is unlawful and committed intentionally. Each person participating in the commission of an offense shall be sentenced according to his unlawful act, irrespective of the individual circumstances of others which may prevent the imposition of a penalty. Also, in order to be held responsible for a jointly committed offense, there must have been at least an attempt to commit the offense.
The correct answer is D.
The correct answer is D.
Soru 68
Which of the following excuses applies to a person who commits an offense under the influence of alcohol or drug he consumed involuntarily?
Seçenekler
A
Coercion
B
Provocation
C
Intoxication
D
Mistake of law
E
Infancy
Açıklama:
If the perpetrator who is under the thumb of involuntary consumption of alcohol or drugs at the time of committing a crime, is assumed that he/she is unable to comprehend the legal meaning and consequences of the act or perpetrator’s ability to control his/her behaviour regarding such act was significant diminished, shall not be subject to a penalty. Under the TPC, only involuntary intoxication may, under certain circumstances as aforementioned, preclude the perpetrator’s criminal responsibility.
The correct answer is C.
The correct answer is C.
Soru 69
"This occurs when a 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."
Which of the following terms is defined above?
Which of the following terms is defined above?
Seçenekler
A
Criminal liability
B
Necessity
C
Diminished responsibility
D
Mistake of law
E
Mistake of fact
Açıklama:
Whoeverat the time of the commission of an act is unaware of a fact that is a definitional element of an offense shall be deemed not to have acted intentionally.
A mistake of fact occurs whereby the perpetrator violates criminal law since his/hergrasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would nothave acted in the way he did had he/she knownthe facts of the case.
The correct answer is E.
A mistake of fact occurs whereby the perpetrator violates criminal law since his/hergrasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would nothave acted in the way he did had he/she knownthe facts of the case.
The correct answer is E.
Soru 70
Which of the following statement is false about the concept of "infancy"?
Seçenekler
A
An infant/child is a person who has not yet reached the age of majority.
B
Infancy means that the child has the capacity to determine right and wrong.
C
The age of majority is 18 in the Turkish law system.
D
Generally, infants are not able to enter into contracts, vote.
E
Infants have no criminal responsibility for their own behaviours.
Açıklama:
Under the law, an infant/child is a person who has not yet reached the age of majority - that is 18 in the Turkish law system-. Generally, with some exceptions, infants are not able to enter into contracts, vote. They also have no criminal responsibility for their own behaviours. A crime is not committed if the mind of the person doing the act is incapable of forming a culpable act; therefore, an infant is exempt from criminal responsibility for his or her acts if sufficient mental capacity is lacking. Infancy, in this case, means only that the child does not have the capacity to determine right and wrong; and the age of infancy is set by case law or statute. The correct answer is B.
Soru 71
Which of the following is considered as an excuse that reduces the level of or remove the liability of the perpetrator?
Seçenekler
A
Voluntary Act
B
Omission
C
Mens Rea
D
Intention
E
Coercion
Açıklama:
Criminal liability of an actor can only be discussed if he/she acted of his/her own free will. The defense of constraint, sometimes known as duress, applies when the defendant had no choice but to commit the offense. This traditional defense of duress 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 else85. The perpetrator who acted under the influence of a force or a constraint that he/she could not resist does not have criminal liability. The correct answer is E.
Soru 72
In which of the following situations does intoxication excuse the perpetrator?
Seçenekler
A
If the perpetrator takes drugs several times.
B
If the perpetrator consumes alcohol during the time of the incident.
C
If the perpetrator is a drug and alcohol addict.
D
If the perpetrator is under the influence of both drugs and alcohol.
E
If the perpetrator consumes alcohol or drugs involuntarily.
Açıklama:
In principle, intoxication does not excuse the perpetrator, however, if the perpetrator who is under the thumb of involuntary consumption of alcohol or drugs at the time of committing a crime, is assumed that he/she is unable to compherend the legal meaning and consequences of the act or perpetrator’s ability to control his/her behaviour regarding such act was significant diminished, shall not be subject to a penalty. The influence of alcohol or drugs on the perpetrator’s mind can be so strong as to be classified as a temporary mental disease, thus permitting a finding of insanity. Under theTPC, only involuntary intoxication may, under certain circumstances as aforementioned, preclude the perpetrator’s criminal responsibility. A person who commits an offense under the influence of alcohol and drugs consumed willfully has full criminal liability. The correct answer is E.
Soru 73
Which of the following situations attracts criminal liability?
Seçenekler
A
Infancy
B
Voluntary Act
C
Insanity
D
Involuntary Intoxication
E
Coersion
Açıklama:
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. The movements are willed by the conscious mind of the defendant. Otherwise, the conducts are regarded as involuntary, with the defendant not having performed the actus reus37. The element will mostly involve activity on the part of the accused, such as an assault, an act of appropriation of property (in theft) or entry into a building (in burglary). The correct answer is B.
Soru 74
Which of the following does not criminal law seek?
Seçenekler
A
to enforce moral values
B
to punish those who deserve punishment
C
to protect the public from harm
D
to find out the nature of criminal behaviour
E
to deter offenders and potential offenders
Açıklama:
Criminal law seeks:
• to enforce moral values;
• to punish those who deserve punishment;
• to protect the public from harm;
• to reform the offender;
• to deter offenders and potential offenders; •
to educate people about appropriate conduct and behaviour;
• to preserve order;
• to protect vulnerable people from exploitation and corruption
The correct answer is D.
• to enforce moral values;
• to punish those who deserve punishment;
• to protect the public from harm;
• to reform the offender;
• to deter offenders and potential offenders; •
to educate people about appropriate conduct and behaviour;
• to preserve order;
• to protect vulnerable people from exploitation and corruption
The correct answer is D.
Soru 75
In which form of punishment is the criminal executed?
Seçenekler
A
Incapacitation
B
Rehabilitation
C
Specific Deterrence
D
General Deterrence
E
Retribution
Açıklama:
Incapacitation/restraint: 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. The correct answer is A.
Soru 76
In which form of punishment does a society seek to prevent a criminal from committing other crimes by forcing that person to undergo training?
Seçenekler
A
Incapacitation
B
Specific Deterrence
C
Rehabilitation
D
General Deterrence
E
Retribution
Açıklama:
Rehabilitation: 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. The correct answer is C.
Soru 77
Which of the following refers to a lawful means of avenging a wrong?
Seçenekler
A
Specific Deterrence
B
General Deterrence
C
Retribution
D
Incapacitation
E
Rahabilitation
Açıklama:
Retribution: Punishment may express the moral condemnation of the community and is a lawful means of avenging a wrong. This function may be unappealing to many, but it is essential in an ordered society that asks its citizens to rely on legal processes rather than self-help to vindicate wrongs.” Public retribution also lessens the desire for private retribution by the victim or others who might seek personal revenge for the criminal’s wrongdoing. For example, if society punishes the killer, the victim’s friends and family have less need to avenge the death. The correct answer is C.
Soru 78
Which of the following refers to the situation when the perpetrator violates criminal law since his/her grasp on reality is erroneous?
Seçenekler
A
Coercion
B
Infancy
C
Mistake of fact
D
Intoxication
E
Diminished Responsibility
Açıklama:
Mistake of fact: 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. If the perpetrator’s intention is nonetheless criminal, his mistake about the facts does not relieve him of criminal liability, as in the case of an error in person. In other words, the perpetrator must have committed an illegal act without intending to do so, lacking mens rea. The correct answer is C.
Soru 79
In which of the following situations does the consent of the victim prevent the act from being proscribed?
Seçenekler
A
ear-piercing
B
robbery
C
murder
D
drink driving
E
fraud
Açıklama:
A victim’s consent to the defendant’s behaviour can exempt the defendant from liability. The issue normally arises in relation to non-fatal offenses against the person and has already been touched upon in the context of rape where, instead of being viewed as a defense, it is treated as part of the definition of the offense. For example, tattooing, surgery and ear-piercing normally constitute the crime of injury. Yet the consent of the victim prevents the act from being proscribed. The correct answer is A.
Soru 80
Which of the following option can not be one of the major concerns of criminal law?
Seçenekler
A
preventing physical injury
B
proscribing personal immorality deemed injurious to society’s well-being
C
maintaining the integrity of the state and the administration of justice
D
maintaining the continuity of the leading political ideology
E
preventing the moral corruption of the young
Açıklama:
The major concerns of criminal law may be expressed as follows:
The support of public interests in;
• preventing physical injury. This accounts for the crimes of murder, manslaughter, arson and other crimes of violence, as well as certain road traffic offenses and those relating to public health and safety.
• proscribing personal immorality deemed injurious to society’s well-being. This accounts for the criminalisation of bigamy, incest, sado-masochism, bestiality and obscenity, drug possession and supply.
• preventing the moral corruption of the young through crimes such as gross indecency and unlawful sexual intercourse with children.
• maintaining the integrity of the state and the administration of justice through crimes such as treason, perjury, perverting the course of justice, tax evasion.
• maintaining public order and security through offenses such as riot, affray, breach of the peace, public drunkenness.
According to these information, option D is not one of the major concerns of criminal law.
The support of public interests in;
• preventing physical injury. This accounts for the crimes of murder, manslaughter, arson and other crimes of violence, as well as certain road traffic offenses and those relating to public health and safety.
• proscribing personal immorality deemed injurious to society’s well-being. This accounts for the criminalisation of bigamy, incest, sado-masochism, bestiality and obscenity, drug possession and supply.
• preventing the moral corruption of the young through crimes such as gross indecency and unlawful sexual intercourse with children.
• maintaining the integrity of the state and the administration of justice through crimes such as treason, perjury, perverting the course of justice, tax evasion.
• maintaining public order and security through offenses such as riot, affray, breach of the peace, public drunkenness.
According to these information, option D is not one of the major concerns of criminal law.
Soru 81
Wich of the following option is not one of the governing principles which lie at the core of modern criminal law?
Seçenekler
A
The principle of welfare and upholding the common good
B
The principle of minimal intervention: Law should not criminalize too much behaviour
C
The principle of proportionate response: The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed
D
The non-retroactivity principle: A person should not be convicted or punished except in accordance with a previously declared offense
E
The principle of minimum certainty: People shouldn't have sufficiently certain and clear warnings about the forbidden conducts. Every individual has the right not to know the legal regulations.
Açıklama:
The governing principles which lie at the core of modern criminal law are as follows:
• The principle of welfare and upholding the common good,
• The principle of prevention of harm to others,
• The principle of minimal intervention: Law should not criminalize too much behaviour,
• The principle ofsocialresponsibility: Society requires a certain level of cooperation between citizens,
• The principle of proportionate response: The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,
• The non-retroactivity principle: A person should not be convicted or punished except in accordance with a previously declared offense,
• The thin-ice principle: Those who skate on thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,
• The principle of maximum certainty: People should have sufficiently certain and clear warnings about the forbidden conducts,
• The principle of fair labelling: Offenses should be labelled in a manner to reflect the seriousness of the law violated,
• The principle of strict construction: Ambiguities in criminal law should be construed in favour of the defendant,
• The presumption of innocence: A principle of procedural fairness that the defendant should be presumed innocent until proved
guilty.
According to these, the correct answer is option E.
• The principle of welfare and upholding the common good,
• The principle of prevention of harm to others,
• The principle of minimal intervention: Law should not criminalize too much behaviour,
• The principle ofsocialresponsibility: Society requires a certain level of cooperation between citizens,
• The principle of proportionate response: The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,
• The non-retroactivity principle: A person should not be convicted or punished except in accordance with a previously declared offense,
• The thin-ice principle: Those who skate on thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,
• The principle of maximum certainty: People should have sufficiently certain and clear warnings about the forbidden conducts,
• The principle of fair labelling: Offenses should be labelled in a manner to reflect the seriousness of the law violated,
• The principle of strict construction: Ambiguities in criminal law should be construed in favour of the defendant,
• The presumption of innocence: A principle of procedural fairness that the defendant should be presumed innocent until proved
guilty.
According to these, the correct answer is option E.
Soru 82
"It is said that theories of punishment regarding the purposes of criminal law, are divided into _______ (1) and _______ (2) theories." Fill in the gaps with correct concepts.
Seçenekler
A
(1) absolute
(2) relative
(2) relative
B
(1) absolute
(2) rational
(2) rational
C
(1) pragmatical
(2) relative
(2) relative
D
(1) absolute
(2) utilitarian
(2) utilitarian
E
(1) relative
(2) utilitarian
(2) utilitarian
Açıklama:
According to prevailing legal theories, the general purpose of criminal law is the protection of certain individual and collective interests. The threat of punishment is expected to deter potential violators from committing offenses; the general purpose of criminal law is thus to prevent crime. Whenever someone has nevertheless committed a criminal act and the issue of punishing that person arises, the main purpose of imposing a criminal sanction is not preventive but retributive. On the basis of these arguments, it is said that theories of punishment regarding the purposes of criminal law, are divided into absolute and relative theories. Absolute theories look back to the past and relative theories look to the future. The difference of the theories arise from the difference between the punishment and prevention perspectives. So, the correct answer is given in option A.
Soru 83
" In order to criminalize the behaviours, two leading phenomenon is governed by states by exercising the criminal law power in particular: ___________ (1) in Anglo-American Law and the _____________ (2) particularly in German Law and civil law (continental law)." Fill in the gaps with correct principals.
Seçenekler
A
(1) Legal Good principle
(2) The harm principle
(2) The harm principle
B
(1) The hard principle
(2) Illegal Good principle
(2) Illegal Good principle
C
(1) The harm principle
(2) Legal Good principle
(2) Legal Good principle
D
(1) The harm principle
(2) Legal Sacrifice principle
(2) Legal Sacrifice principle
E
(1) The hurt principle
(2) Legal Good principle
(2) Legal Good principle
Açıklama:
In order to criminalize the behaviours, two leading phenomenon is governed by states by exercising the criminal law power in particular: The harm principle in Anglo-American Law and the Legal Good (Rechtsgut) principle particularly in German Law and civil law (continental law). Namely, the correct answer is option C.
Soru 84
"Nulle Poena Sine Lege, Nullum Crimen Sine Lege"
The philosopher who first wrote this statement is.....
The philosopher who first wrote this statement is.....
Seçenekler
A
Hegel
B
Spinoza
C
Rousseau
D
Montesquieu
E
Feuerbach
Açıklama:
Criminal law looks back to the past. This is a logical and necessary consequence of principles deriving from the age of enlightenment, in which a scholar by the name Feuerbach first wrote the legality principle ‘Nulle Poena Sine Lege, Nullum Crimen Sine Lege,’ which states that an act may only be punished if criminal liability had been established by law before the act was committed. The correct answer is E.
Soru 85
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.’ Which principle is this about?
Seçenekler
A
The principle of the interdiction of analogy
B
No Punishment Without Law principle
C
The principle of non retroactivity
D
The principle of certainty
E
The Presumption of Innocence principle
Açıklama:
As a fundamental principle, ‘No Punishment Without Law’ is regulated under most state constitutions, Criminal Codes and supranational Treaties including the ECHR. 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.’ According to this, the correct answer is B.
Soru 86
Which of the following option can be said about Subjective Element (Mens Rea)?
Seçenekler
A
When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part.
B
The Mens Rea of a crime must reflect the free will and autonomy of a person and, therefore, the performance must be voluntary.
C
Subjective Element (Mens Rea) 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.
D
The Latin for ‘guilty mind’, ‘mens rea’ refers to the notion according to which a court should not find a person guilty of a crime unless he/she has a blameworthy state of mind.
E
The element will mostly involve activity on the part of the accused, such as an assault, an act of appropriation of property (in theft) or entry into a building (in burglary).
Açıklama:
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 Latin for ‘guilty mind’, ‘mens rea’ refers to the notion according to which a court should not find a person guilty of a crime unless he/she has a blameworthy state of mind. The philosophical foundation for mens rea is that the accused can control his conducts, including whether to engage in the conducts breaking criminal law. So, the correct answer is D.
Soru 87
"_______ principal refers to committing the offense through another person who conducts the criminal act." Fill in the gap with the correct option.
Seçenekler
A
Joint
B
Indirect
C
Commission
D
Incitement
E
Offense
Açıklama:
Indirect principal refers to committing the offense through another person who conducts the criminal act. Another person -the agent- becomes an instrument while committing the offense. The indirect principal exercises control over the offense through the agent who directly commits the crime. Namely, the correct answer is B.
Soru 88
Which of the following option is one of the causation analysis of Anglo-American criminal law?
Seçenekler
A
theory of last cause
B
theory of adequate causation
C
Factual cause
D
objective attribution
E
the equivalence theory
Açıklama:
Anglo-American criminal law distinguishes between two aspects of the causation analysis: Factual cause and legal (or proximate) cause. Factual cause is “but-for cause”, meaning that “the conduct is the cause of the result when it is an antecedent but for which the result in question would not have occurred.” In contrast, factual cause is rarely discussed; almost all causation cases are concerned with legal or proximate cause: “The relationship between the conduct and result satisfies any additional causal requirements imposed by the Code or by the law defining the offense. The correct answer is given in option C.
Soru 89
Which of the following is not one of the cases that jurisdiction has accepted necessity?
Seçenekler
A
criminal trespass by police informers into the house of a suspect for the purpose of uncovering facts about drug offenses
B
leaving the scene of an accident in order to avoid physical abuse
C
disturbing the peace of the dead by performing an organ transplant if the consent of the relatives could not be obtained, or by taking a blood sample from a deceased accident victim for the purposes of excluding drunkenness in the context of potential insurance claims
D
violation of the privacy of the spoken word by making secret phone recordings for the purpose of using them in civil or family proceedings
E
taking away someone’s car key to prevent him from driving to the work for making money
Açıklama:
Apart from the examples mentioned above, jurisdiction has accepted necessity in the following cases:
• criminal trespass by police informers into the house of a suspect for the purpose of uncovering facts about drug offenses,
• leaving the scene of an accident in order to avoid physical abuse,
• disturbing the peace of the dead by performing an organ transplant if the consent of the relatives could not be obtained, or by taking a blood sample from a deceased accident victim for the purposes of excluding drunkenness in the context of potential insurance claims,
• violation of the privacy of the spoken word by making secret phone recordings for the purpose of using them in civil or family proceedings,
• or to prove the bias of a judge in a criminal case for the purpose of recusing him,
• taking away someone’s car key to prevent him from driving whilst drunk.
According to these information, the correct answer is E.
• criminal trespass by police informers into the house of a suspect for the purpose of uncovering facts about drug offenses,
• leaving the scene of an accident in order to avoid physical abuse,
• disturbing the peace of the dead by performing an organ transplant if the consent of the relatives could not be obtained, or by taking a blood sample from a deceased accident victim for the purposes of excluding drunkenness in the context of potential insurance claims,
• violation of the privacy of the spoken word by making secret phone recordings for the purpose of using them in civil or family proceedings,
• or to prove the bias of a judge in a criminal case for the purpose of recusing him,
• taking away someone’s car key to prevent him from driving whilst drunk.
According to these information, the correct answer is E.
Ünite 6
Soru 1
Which is not one of main purposes of law?
Seçenekler
A
Providing peace
B
Providing legal security
C
Constitung justice
D
Providing requirements of the society
E
Improving tacit law
Açıklama:
There are five main sub branches of civil law.
These are:
1. Law of persons
2. Family law
3. Law of succession
4. Law of property
5. Law of obligations
Improving tacit law is not one of main purposes of law.
These are:
1. Law of persons
2. Family law
3. Law of succession
4. Law of property
5. Law of obligations
Improving tacit law is not one of main purposes of law.
Soru 2
Which one does not count as economical violence?
Seçenekler
A
Not giving Money or compulsory requirements
B
Preveting a family member who wants to work
C
Calling someonewith nicknames like stingy etc
D
Confiscating a family members property
E
Not giving information about familys financal status
Açıklama:
Not giving Money or compulsory requirements, Preveting a family member who wants to work, Confiscating a family members property and Not giving information about familys financal status does count as economical violence.
Calling someonewith nicknames like stingy etc does not count as economical violences.
Calling someonewith nicknames like stingy etc does not count as economical violences.
Soru 3
Which one is not element of capacity to act?
Seçenekler
A
Come of age
B
be unrestricted
C
be enthusiastic
D
be intelligent
E
have the power to distunguish
Açıklama:
Capacity to act is, on the contrary, an active
capacity. A person who has capacity to act has the
capacity to acquire rights and incur obligations
through his/her own actions
Be intelligent is not element of capacity to act. Another ist element of capacity to act.
capacity. A person who has capacity to act has the
capacity to acquire rights and incur obligations
through his/her own actions
Be intelligent is not element of capacity to act. Another ist element of capacity to act.
Soru 4
When does a declaration of absence of a missing person take effect?
Seçenekler
A
Immediately from the issuance of the declaration of absence
B
3 months after the publication of the declaration of absence
C
6 months after the publication of the declaration of absence
D
15 days from the issuance of the declaration of absence
E
9 months after the publication of the declaration of absence
Açıklama:
It is voluntary sexual intercourse
by a married person with someone other
than his/her own spouse. It is regarded as
a breach of the duty of loyalty and fidelity.
If one of the spouses commits adultery,
the other spouse may bring an action for
divorce. This action should be brought
within 6 months period learning from the
ground for divorce and in five years starting
from the time the adultery actually took
place. If the spouse forgives the one who
has committed adultery, then this spouse
shall not have a right to bring an action for
divorce
6 months after the publication of the declaration of absence does a declaration of absence of a missing person take affect.
by a married person with someone other
than his/her own spouse. It is regarded as
a breach of the duty of loyalty and fidelity.
If one of the spouses commits adultery,
the other spouse may bring an action for
divorce. This action should be brought
within 6 months period learning from the
ground for divorce and in five years starting
from the time the adultery actually took
place. If the spouse forgives the one who
has committed adultery, then this spouse
shall not have a right to bring an action for
divorce
6 months after the publication of the declaration of absence does a declaration of absence of a missing person take affect.
Soru 5
Which is one of the liablity of engagement?
Seçenekler
A
Liablity of accompaniment
B
Liability of inheritance
C
Liability of loyalty
D
Liability of visit
E
Liability of felicity
Açıklama:
Liability of loyalty is one of the liability of engagement.
Soru 6
Which of the following is not correct?
Seçenekler
A
Creditor is the party who is entitled to request the consideration.
B
Debtor is the party who is bound the perform a certain act given as consideration.
C
Consideration is an act, which the debtor is obliged to perform as the concent of her obligation.
D
Every person has freedom of activity within the limits of law.
E
Fault is not either a willful act or a negligent act.
Açıklama:
Fault is either a willful act or a negligent act. A person cannot have fault, as a rule, unless he/she has the ability to make fait judgments. A willful act is anact in which the person committing the act knows the results of the act and actually wants to achieve these results. A negligent act is an act, and the person committing it knows or could have known the results if she was careful enough, but actually does not want the result, however does not take care to prevent it.
Soru 7
Which of the following is not a sub-freedom of contractual freedom?
Seçenekler
A
Freedom to enter into a conract
B
Freedom to chose the other party of conract
C
Freedom of form
D
Freedom to withdraw a contract
E
Freedom to terminate the contract every time you want
Açıklama:
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
5. Freedom to choose the type and subjectmatter
of a contract.
Freedom to to terminate the contract every time you want is not subtype of contractual freedom.
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
5. Freedom to choose the type and subjectmatter
of a contract.
Freedom to to terminate the contract every time you want is not subtype of contractual freedom.
Soru 8
Which one is not subtype of contractual freedom?
Seçenekler
A
Freedom to enter into a conract
B
Freedom to chose the other party of conract
C
Freedom of form
D
Freedom to withdraw a contract
E
Freedom to to terminate the contract every time you want
Açıklama:
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
5. Freedom to choose the type and subjectmatter
of a contract.
Freedom to to terminate the contract every time you want is not subtype of contractual freedom.
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
5. Freedom to choose the type and subjectmatter
of a contract.
Freedom to to terminate the contract every time you want is not subtype of contractual freedom.
Soru 9
A woman whose previos marriage has come to an end for whatever reason has to wait for how long before she gets remarried?
Seçenekler
A
300 days
B
Two years
C
1 day
D
365 days
E
1 week
Açıklama:
There is another relative impediment only for
women. A woman whose previous marriage has
come to an end for whatever reason has to wait
for 300 days before she gets remarried. This is
named as a period of gestation. The reason for it
is the presumption of paternity. Because when a
child is born in wedlock, the father of this child
is presumed to be the husband if the child is born
during wedlock or in 300 days after the wedlock.
When the woman gives birth to a child, the period
of gestation comes to an end. Or if the woman
proves that she is not pregnant medically, the judge
may lift the period of gestation.
A woman whose previos marriage has come to an and for whatever reason has to wait for 300 days before she gets remarried.
women. A woman whose previous marriage has
come to an end for whatever reason has to wait
for 300 days before she gets remarried. This is
named as a period of gestation. The reason for it
is the presumption of paternity. Because when a
child is born in wedlock, the father of this child
is presumed to be the husband if the child is born
during wedlock or in 300 days after the wedlock.
When the woman gives birth to a child, the period
of gestation comes to an end. Or if the woman
proves that she is not pregnant medically, the judge
may lift the period of gestation.
A woman whose previos marriage has come to an and for whatever reason has to wait for 300 days before she gets remarried.
Soru 10
Choose the option that completes the following sentence correctly. "In the modern legal systems there are two types of persons: .................. and .............."
Seçenekler
A
Real persons and legal persons
B
Real persons and natural persons
C
Legal persons and juristic persons
D
Real persons and intelligent persons
E
Legal persons and married persons
Açıklama:
This is a branch of civil law that generally
deals with persons and the modalities attached to
persons. In this part we shall mainly deal with the
meaning of “person”, the types of persons and the
capacity of persons.
In the modern legal systems there are two types of persons:Real persons and legal persons.
deals with persons and the modalities attached to
persons. In this part we shall mainly deal with the
meaning of “person”, the types of persons and the
capacity of persons.
In the modern legal systems there are two types of persons:Real persons and legal persons.
Soru 11
Which country’s Civil Code did Turkey adapt in 1926?
Seçenekler
A
Germany
B
United Kingdom
C
Spain
D
Switzerland
E
Italy
Açıklama:
Turkey adopted Swiss Civil Code in 1926 and it was effective until the year 2002.
Soru 12
How many sub branches does Civil Law have?
Seçenekler
A
3
B
4
C
5
D
6
E
7
Açıklama:
Civil law has 5 different subbranches: 1. Law of persons 2. Family law 3. Law of succession 4. Law of property 5. Law of obligations.
Soru 13
Which of the following Civil Law sub branches does not take place in the Civil Code?
Seçenekler
A
Law of persons
B
Family law
C
Law of succession
D
Law of property
E
Law of obligations
Açıklama:
Law of obligations is regulated in the Code of Obligations, not in the Civil Code.
Soru 14
When does the personality of a real person start?
Seçenekler
A
With fertilization
B
When the fetus is 3 months old
C
When the fetus is 6 months old
D
With birth
E
When the person is 18 years old
Açıklama:
The personality of a real person begins with birth. According to article 28 of the Civil Code:“Personality right begins on the birth of the living child.
Soru 15
How old must real persons be to get the capacity to act?
Seçenekler
A
12
B
15
C
16
D
18
E
21
Açıklama:
In Turkey, real persons gain their capacity to act when they complete 18 years.
Soru 16
Which of the following is not an interdiction reason?
Seçenekler
A
Mental disability
B
Mental disorder
C
Habitual drunkenness
D
Habitual gambling
E
Theft
Açıklama:
Theft is a crime and it is not solely an interdiction reason.
Soru 17
“A Turkish woman can marry with…..”
Fill the blank with correct word?
Fill the blank with correct word?
Seçenekler
A
Her father
B
Her girlfriend
C
Her grandfather
D
Her cousin
E
Her uncle
Açıklama:
People can marry with their cousins in Turkish law.
Soru 18
“The Code of Obligations is composed of …….parts.”
Fill the blank with correct number?
Fill the blank with correct number?
Seçenekler
A
2
B
3
C
4
D
5
E
6
Açıklama:
Code of Obligations includes general part and the specific types of contracts part. So the answer is 2.
Soru 19
“A(n) …… is a declaration of intention by one party, whereby he expresses his willingness to enter into a contract..”
Which of the following shuld be in the blank given above?
Which of the following shuld be in the blank given above?
Seçenekler
A
Obligation
B
Duty
C
Propose
D
Offer
E
Transaction
Açıklama:
The definition belongs to the offer.
Soru 20
Which of the following are not one of the conditions of torts?
Seçenekler
A
Act
B
Unlawfulness
C
Causal relation
D
Intent
E
Damage
Açıklama:
Omissions are also enough to realize a tort; so intent is not necessary in every case. Others are true.
Soru 21
Which of the following is a branch of civil law?
Seçenekler
A
Procedural Law
B
Labor Law
C
Enforcement Law
D
Law of Persons
E
Intellectual Property Law
Açıklama:
There are five main sub branches of civil law. These are:
1. Law of persons
2. Family law
3. Law of succession
4. Law of property
5. Law of obligations
1. Law of persons
2. Family law
3. Law of succession
4. Law of property
5. Law of obligations
Soru 22
Which civil law branch's main subject is the real rights?
Seçenekler
A
Law of persons
B
Law of property
C
Family law
D
Law of succession
E
Law of obligations
Açıklama:
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.
that give their owner the right to assert against all persons this right. Ownership, hypothec, usufruct are some examples of the real rights.
Soru 23
I. President of Turkey
II. Republic of Turkey
III. A private company
IV. A human rights association
Which of the above are legal persons?
II. Republic of Turkey
III. A private company
IV. A human rights association
Which of the above are legal persons?
Seçenekler
A
I and II
B
II and III
C
III and IV
D
I, II and IV
E
II, III and IV
Açıklama:
The word “person” refers to human beings in general usage. But in the legal sense it has a wider
meaning. In the modern legal systems there are two types of persons: Real persons (natural persons) and legal person (juristic persons). Real persons are actual human beings, while legal person term includes companies, associations, foundations, syndicates, even the state.
meaning. In the modern legal systems there are two types of persons: Real persons (natural persons) and legal person (juristic persons). Real persons are actual human beings, while legal person term includes companies, associations, foundations, syndicates, even the state.
Soru 24
Which one of the below is not a sub-branch of civil law?
Seçenekler
A
Law of obligations
B
Law of persons
C
Law of property
D
Law of State
E
Family Law
Açıklama:
There are five main sub branches of civil law;
1. Law of persons
2. Family law
3. Law of Succession
4. Law of Property
5. Law of obligations
1. Law of persons
2. Family law
3. Law of Succession
4. Law of Property
5. Law of obligations
Soru 25
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?
Seçenekler
A
Only if and when they find her corpse
B
Never, as there is no life threatening situation
C
In one year with the application of her parents to court
D
In five years with the application of her parents to court
E
As soon as the police closes her missing persons file
Açıklama:
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.
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.
Soru 26
Which one is the definition of "person" in law?
Seçenekler
A
Human beings
B
the State
C
The public
D
Companies, associations, foundations, and syndicates
E
Any being subject to rights and obligations of law
Açıklama:
The word “person” refers to human beings in general usage. But in the legal sense it has a wider meaning. Besides human beings, legally this term includes, companies, associations, foundations,
syndicates, even the state. Therefore, person is a being that is subject to rights and obligations that are imposed to it by law. In other words person is the object of legal rights. As a rule to be regarded as a person, the law has to recognise as a person, otherwise this being shall not be considered as a person.
syndicates, even the state. Therefore, person is a being that is subject to rights and obligations that are imposed to it by law. In other words person is the object of legal rights. As a rule to be regarded as a person, the law has to recognise as a person, otherwise this being shall not be considered as a person.
Soru 27
What is the legal age of marriage according to Turkish Family Law?
Seçenekler
A
13
B
15
C
16
D
17
E
18
Açıklama:
The normal age of majority is the conclusion of 18 years of age, but the marriage age is 17. A person of 17 could get married with the permission of the parents. On the condition that there is an extraordinary situation and an important ground, the judge may give permission to a person who has completed his/her 16 years of age to get married.
Soru 28
Which of the following constitutes a spouse's individual property according to the matrimonial property regime?
Seçenekler
A
Assets acquired at no cost by inheritance or otherwise
B
Compensation obtained for inability to work
C
Income derived from his or her own individual property
D
The proceeds from his or her employment
E
Property acquired to replace acquired property
Açıklama:
In matrimonial property regime, unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end with whatever reason. According to article 219, acquired property comprises those assets which a spouse has required for valuable consideration during the matrimonial property regime. In particular, 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 oracquired later at no cost by inheritance or otherwise (for example, donation),
3. Immaterial (moral) compensation,
4. Acquisitions that replace individual property.
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 oracquired later at no cost by inheritance or otherwise (for example, donation),
3. Immaterial (moral) compensation,
4. Acquisitions that replace individual property.
Soru 29
Which one of the below can have full capacity to act?
Seçenekler
A
A person at the age of seventeen
B
A person that got married at age sixteen
C
A person under the influence of alcohol
D
A person diagnosed with Alzheimer's disease
E
A person with a gambling addiction
Açıklama:
In order to have full capacity, a person should have attained majority, should be capable of making fair judgements and should not be restricted. Therefore, there are three requirements of capacity; majority, discretion and not being interdicted.
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. If a person gets married
before the completion of 18 years of age in the mentioned circumstances, this would acquire majority. The second way is the court decision. A minor who has completed his/her 15 years of age, may upon his/her application and with the consent of his/her parents, be declared by the court to be of full age. But to grant this decision, there should be a valid ground for this application.
Persons who have discretion are able to make fair judgements, so that they can act rationally. According to article 13 of the Civil Code, a person is capable of making fair judgements if he or she
does not lack the capacity to act rationally by virtue of being under age or because of a mental disability, mental disorder, intoxication or similar circumstances.
There are some grounds in which a person may be interdicted. They are named in CC art. 404- 408 as mental disability, mental disorder, habitual drunkenness, habitual gambling, one year or more imprisonment. In these situations a person is interdicted.
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. If a person gets married
before the completion of 18 years of age in the mentioned circumstances, this would acquire majority. The second way is the court decision. A minor who has completed his/her 15 years of age, may upon his/her application and with the consent of his/her parents, be declared by the court to be of full age. But to grant this decision, there should be a valid ground for this application.
Persons who have discretion are able to make fair judgements, so that they can act rationally. According to article 13 of the Civil Code, a person is capable of making fair judgements if he or she
does not lack the capacity to act rationally by virtue of being under age or because of a mental disability, mental disorder, intoxication or similar circumstances.
There are some grounds in which a person may be interdicted. They are named in CC art. 404- 408 as mental disability, mental disorder, habitual drunkenness, habitual gambling, one year or more imprisonment. In these situations a person is interdicted.
Soru 30
Which of the following is a general ground for divorce?
Seçenekler
A
Adultery
B
Dishonorable life
C
Irretrievable breakdown of marriage
D
Desertion
E
Mental illness
Açıklama:
The grounds for divorce are mainly two types: Specific grounds and general ground. According to the Civil Code, there are five specific grounds for divorce:
1)Adultery;
2)Plots against life, grave assaults and insults
3)Crime and dishonorable life
4)Desertion
5)Mental illness
The general ground for divorce is regulated in article 166 of the Civil Code and it is named as the
irretrievable breakdown of the marriage. When the marital life becomes unbearable and it no longer could be expected from the spouses to continue their marital life together, this action could be brought by one of the spouses.
1)Adultery;
2)Plots against life, grave assaults and insults
3)Crime and dishonorable life
4)Desertion
5)Mental illness
The general ground for divorce is regulated in article 166 of the Civil Code and it is named as the
irretrievable breakdown of the marriage. When the marital life becomes unbearable and it no longer could be expected from the spouses to continue their marital life together, this action could be brought by one of the spouses.
Soru 31
I. Contracts
II.Torts
III.Unjust Enrichment
Which of the above is/are (a) source(s) obligation(s) according to the Turkish Code of Obligations?
II.Torts
III.Unjust Enrichment
Which of the above is/are (a) source(s) obligation(s) according to the Turkish Code of Obligations?
Seçenekler
A
Only I
B
Only II
C
Only III
D
I and II
E
I, II and III
Açıklama:
According to Turkish Code of Obligations, there are three sources of obligations. These are:
1. Contracts
2. Torts
3. Unjust Enrichment
It should be mentioned that these sources are not limited in number. These are the sources that
very frequently create an obligation, but besides them, there are other sources as well. For example, an obligation may be created directly from the law itself.
1. Contracts
2. Torts
3. Unjust Enrichment
It should be mentioned that these sources are not limited in number. These are the sources that
very frequently create an obligation, but besides them, there are other sources as well. For example, an obligation may be created directly from the law itself.
Soru 32
Which one of the following is true about engagement?
Seçenekler
A
The persons have to fill a legal document.
B
It is a legal, actionable obligation to get married.
C
Compensation for moral damage can be demanded.
D
Material damage is not compensated.
E
There are no laws concerning engagement.
Açıklama:
In Turkish Law, engagement is a very simple process without any formal requirements.
Engagement is also regarded as a contract, but it is a family law contract. Therefore, it is not possible to enforce. This important point is specially emphasized in The Civil Code by saying that, engagement does not give rise to any actionable obligation to get married.
In article 122, it is stated that if the engagement is ended, the engaged parties, their parents and the ones who were acting as their parents may demand the return of gifts made to each other. The second result is the material and moral damages resulting from the breach of the engagement should be compensated.
Engagement is also regarded as a contract, but it is a family law contract. Therefore, it is not possible to enforce. This important point is specially emphasized in The Civil Code by saying that, engagement does not give rise to any actionable obligation to get married.
In article 122, it is stated that if the engagement is ended, the engaged parties, their parents and the ones who were acting as their parents may demand the return of gifts made to each other. The second result is the material and moral damages resulting from the breach of the engagement should be compensated.
Soru 33
Which of the following is not a mandatory requisite for a person to have tortuous liability?
Seçenekler
A
Criminal intent
B
Act
C
Unlawfulness
D
Fault
E
Damage
Açıklama:
For a person to have tortuous liability, the following requisites should be met:
1. Act: First of all, there must be an act. It may be a positive act (for example, to
stab another person) or an act of omission (for example, a night nurse sleeping and not giving the medicine and care to the patients).
2. Unlawfulness: Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/ or property.
3. Fault (culpa): Fault is either a willful act or a negligent act. A person cannot have fault, as a rule, unless he/she has the ability to make fait judgments. A willful act is an act in which the person committing the act knows the results of the act and actually to achieve these results. A negligent act is an act, and the person committing it or could have known the results if she was careful enough, but actually does not want the result, however does not take care to prevent it.
If there is a crimal, there is fault, but the criminal intent does not cover all the cases of fault; There are also faults that are not criminal.
4. Damage: It is the loss either given to a person or to his property or both. A person
claiming damages must prove the loss he/ she is suffering from. There are two main types of damages; material damage and immaterial (moral) damage.
5. Proximate causal relation: There must be a proximate causal relation between the unlawful act and the damages. In other words, the damage should be result of the unlawful act.
1. Act: First of all, there must be an act. It may be a positive act (for example, to
stab another person) or an act of omission (for example, a night nurse sleeping and not giving the medicine and care to the patients).
2. Unlawfulness: Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/ or property.
3. Fault (culpa): Fault is either a willful act or a negligent act. A person cannot have fault, as a rule, unless he/she has the ability to make fait judgments. A willful act is an act in which the person committing the act knows the results of the act and actually to achieve these results. A negligent act is an act, and the person committing it or could have known the results if she was careful enough, but actually does not want the result, however does not take care to prevent it.
If there is a crimal, there is fault, but the criminal intent does not cover all the cases of fault; There are also faults that are not criminal.
4. Damage: It is the loss either given to a person or to his property or both. A person
claiming damages must prove the loss he/ she is suffering from. There are two main types of damages; material damage and immaterial (moral) damage.
5. Proximate causal relation: There must be a proximate causal relation between the unlawful act and the damages. In other words, the damage should be result of the unlawful act.
Soru 34
Which one of the below is true about marital right and/or duties?
Seçenekler
A
Spouses need the other's consent for education
B
Spouses need the consent of the other for career
C
The wife has to acquire her husband's surname.
D
Both of the spouses have to care for the children.
E
Husband is the chief of the family.
Açıklama:
The spouses have an equal say within the family and equal rights and duties. Before the new Civil Code entered into force in 01.01.2002, there was the concept of the “head (chief) of the family” and this person was the husband.
They mutually undertake to strive to safeguard the interests of the marital union and to care jointly for the children and to educate them.
In choosing a career or education, spouses do not need to get the consent of the other spouse.
A woman acquires the surname of her husband with marriage. However, she can add her surname before that. This provision is the only provision that still creates inequality. But with the recent
court decisions woman’s right to continue carrying only her surnames started to be recognized.
They mutually undertake to strive to safeguard the interests of the marital union and to care jointly for the children and to educate them.
In choosing a career or education, spouses do not need to get the consent of the other spouse.
A woman acquires the surname of her husband with marriage. However, she can add her surname before that. This provision is the only provision that still creates inequality. But with the recent
court decisions woman’s right to continue carrying only her surnames started to be recognized.
Soru 35
I. There must be enrichment in the property of a person.
II. There must be a decrease in the value of property of another person.
III.The enrichment must be without a just cause
IV.There must be a causal relation between the enrichment and the decrease in the value of property.
Which of the above are the conditions for unjust enrichment to exist?
II. There must be a decrease in the value of property of another person.
III.The enrichment must be without a just cause
IV.There must be a causal relation between the enrichment and the decrease in the value of property.
Which of the above are the conditions for unjust enrichment to exist?
Seçenekler
A
I and III
B
II and III
C
I, III and IV
D
II, III and IV
E
I, II, III and IV
Açıklama:
There are four conditions for unjust enrichment
to exist:
1. There must be enrichment in the property of a person.
2. There must be a decrease in the value of property of another person.
3. The enrichment must be without a just cause
4. There must be a causal relation between the enrichment and the decrease in the value of property.
to exist:
1. There must be enrichment in the property of a person.
2. There must be a decrease in the value of property of another person.
3. The enrichment must be without a just cause
4. There must be a causal relation between the enrichment and the decrease in the value of property.
Soru 36
Which one of the following is an acquired property of a spouse?
Seçenekler
A
Personal items used only by one spouse
B
The salary which the spouse gets from their job
C
A house inherited from a late relative
D
A car that the spouse had before marriage
E
Immaterial compensation
Açıklama:
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.
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.
Soru 37
What does not provide a legal ground for divorce?
Seçenekler
A
Leaving the marital domicile for three months
B
Habitual gambling
C
Sexual intercourse with another person
D
Humiliation of a spouse by the other
E
Developing an incurable mental illness
Açıklama:
According to the Civil Code, there are five specific grounds for divorce.
1- Adultery: Voluntary sex with someone other than his/her spouse. This action should be brought within 6 months.
2- Plots against life, grave assaults/insults: A plot against life is attempt by one spouse to murder the other spouse. Grave assaults
are threats or attempts to do bodily harm to the other spouse, by force or violence. Grave insults are actions of humiliation by one spouse to the other spouse. The spouse may again bring an action for divorce in six months time he/she learns about this act and in five years this act is committed. If the spouse forgives the one who has committed such an act, then this spouse shall not have a right to bring an action for divorce.
3- Crime and dishonorable life: The conviction of a spouse for a humiliating crime or the dishonorable conducts of one of the spouses, like habitual drunkenness or habitual gambling, are grounds for divorce. But to bring an action for divorce, it should not be expected for the other spouse to continue living with this spouse any more.
4- Desertion: If one of the spouses leaves the marital domicile in order not to fulfill his/her marital duties or does not return to the marital domicile without a just ground and if this period at least six months, the remaining spouse may bring an action for
divorce. During this six month period, the remaining spouse should ask either the judge or the notary to draw a notice and invite his/her spouse back home and remind him/her about the results of his/her not returning.
5- Mental illness: If one of the spouses becomes mentally ill and life becomes for this reason unbearable to the other spouse, the healthy spouse may bring an action for divorce, on the condition that this illness is proved to be incurable by a medical report.
1- Adultery: Voluntary sex with someone other than his/her spouse. This action should be brought within 6 months.
2- Plots against life, grave assaults/insults: A plot against life is attempt by one spouse to murder the other spouse. Grave assaults
are threats or attempts to do bodily harm to the other spouse, by force or violence. Grave insults are actions of humiliation by one spouse to the other spouse. The spouse may again bring an action for divorce in six months time he/she learns about this act and in five years this act is committed. If the spouse forgives the one who has committed such an act, then this spouse shall not have a right to bring an action for divorce.
3- Crime and dishonorable life: The conviction of a spouse for a humiliating crime or the dishonorable conducts of one of the spouses, like habitual drunkenness or habitual gambling, are grounds for divorce. But to bring an action for divorce, it should not be expected for the other spouse to continue living with this spouse any more.
4- Desertion: If one of the spouses leaves the marital domicile in order not to fulfill his/her marital duties or does not return to the marital domicile without a just ground and if this period at least six months, the remaining spouse may bring an action for
divorce. During this six month period, the remaining spouse should ask either the judge or the notary to draw a notice and invite his/her spouse back home and remind him/her about the results of his/her not returning.
5- Mental illness: If one of the spouses becomes mentally ill and life becomes for this reason unbearable to the other spouse, the healthy spouse may bring an action for divorce, on the condition that this illness is proved to be incurable by a medical report.
Soru 38
Which of the statements given below is true regarding the concept of obligation?
Seçenekler
A
A creditor is the party who is bound to perform a certain act.
B
A debtor is the party who is entitled to request the consideration.
C
Consideration is a period in which the creditor or debtor can withdraw from a contract.
D
In a donation contract, the donee is the debtor.
E
In a sales contract, the buyer is the debtor.
Açıklama:
An obligation has three elements:
Creditor: Creditor is the party who is entitled to request the consideration. In a donation contract, the parties are named as the donor and the donee. Donee is the creditor. Whereas in a sales contract, the parties are named as the seller and the buyer and both of them are creditors, since sales contract is a contract in which both of the parties are under a burden of a consideration. The “seller” is under the liability of delivering the sold goods to buyer, the “buyer” is liable to pay agreed price to seller, in return.
Debtor: Debtor is the party who is bound to perform a certain act given as consideration. In a donation contract, the donor is the debtor, whereas in a sales contract both the seller and buyer are debtors.
Consideration: Consideration is an act, which the debtor is obliged to perform as the content of her obligation. It may be an act of giving something, like in sales contracts, giving the good and giving the payment in return. It may be an act of doing something, like in employment contract-employees cleaning the building, or it may be an act of refraining from doing something, like in an agreement of restraint of trade.
Thus, in a sales contract, both the buyer and the seller are the creditors and also the debtors.
Creditor: Creditor is the party who is entitled to request the consideration. In a donation contract, the parties are named as the donor and the donee. Donee is the creditor. Whereas in a sales contract, the parties are named as the seller and the buyer and both of them are creditors, since sales contract is a contract in which both of the parties are under a burden of a consideration. The “seller” is under the liability of delivering the sold goods to buyer, the “buyer” is liable to pay agreed price to seller, in return.
Debtor: Debtor is the party who is bound to perform a certain act given as consideration. In a donation contract, the donor is the debtor, whereas in a sales contract both the seller and buyer are debtors.
Consideration: Consideration is an act, which the debtor is obliged to perform as the content of her obligation. It may be an act of giving something, like in sales contracts, giving the good and giving the payment in return. It may be an act of doing something, like in employment contract-employees cleaning the building, or it may be an act of refraining from doing something, like in an agreement of restraint of trade.
Thus, in a sales contract, both the buyer and the seller are the creditors and also the debtors.
Soru 39
What is "tortous liability"?
Seçenekler
A
Freedom to enter into a contract
B
The act of verbal harassment against other legal persons
C
Acts of violence against other legal persons
D
The obligation to compensate for a loss or damage to another
E
Any kind of act beyond the restrictions of law
Açıklama:
When a person acts beyond the restrictions of law, the acts become wrongful and such wrongful acts are named as “torts”. According to article 49 of the Code of Obligations, any person who unlawfully causes loss or damage to another, whether willfully or negligently, is obliged to provide compensation. This liability is named as tortuous liability.
Soru 40
Which one is an example of unjust enrichment?
Seçenekler
A
Getting money transferred by mistake
B
Paying more for a product than regular market price
C
An heir's inheriting more money than other heirs
D
Acquiring money as result of a divorce
E
Earning money off a virtual product
Açıklama:
According to article 77 of the Code of Obligations, a person who has enriched himself without just cause at the expense of another is obliged to make restitution.
For example, if a person transfers an amount of money to an account of third person by mistake, instead of the counterpart of the contract he made with; third person is under a liability to pay it back. There are four conditions for unjust enrichment to exist:
1. There must be enrichment in the property of a person.
2. There must be a decrease in the value of property of another person.
3. The enrichment must be without a just cause
4. There must be a causal relation between the enrichment and the decrease in the value of property.
For example, if a person transfers an amount of money to an account of third person by mistake, instead of the counterpart of the contract he made with; third person is under a liability to pay it back. There are four conditions for unjust enrichment to exist:
1. There must be enrichment in the property of a person.
2. There must be a decrease in the value of property of another person.
3. The enrichment must be without a just cause
4. There must be a causal relation between the enrichment and the decrease in the value of property.
Soru 41
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?
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?
Seçenekler
A
Only I
B
Only II
C
I - II
D
I - III
E
II - III
Açıklama:
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.
Soru 42
Which of the followings is the main source of Turkish Civil Code?
Seçenekler
A
Swiss law
B
The French Code Napoleon
C
German BGB (Bundesgesetzbuch)
D
Common law
E
Islamic law
Açıklama:
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.
Soru 43
Which of the followings are not main sub branches of civil law?
Seçenekler
A
Law of persons
B
Family law
C
Law of succession
D
Law of obligations
E
Commercial law
Açıklama:
There are five main sub branches of civil law. These are; law of persons, family law, law of succession, law of property and law of obligations. Commercial law is not main sub branches of civil law. The correct answer is E.
Soru 44
Which of the following legal persons is regulated in the Civil Code?
Seçenekler
A
Municipalities
B
Associations
C
Public corporate bodies
D
Limited partnership
E
Limited liability company
Açıklama:
Legal persons are mainly regulated in the Civil Code. Apart from these general natured provisions, two of the legal persons are also regulated, namely associations (societies) and foundations. So associations (societies) are regulated in the Civil Code. The correct answer is B.
Soru 45
How many years should be waited since the last sign of life before the application to the court for the declaration of absence?
Seçenekler
A
Two years
B
Three years
C
Four years
D
Five years
E
Ten years
Açıklama:
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 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. The correct answer is D.
Soru 46
Which of the followings fall within the group of ‘persons of limited capacity’?
Seçenekler
A
A person to whom quasi guardian is appointed
B
A person who does not have discretion
C
A person who has discretion but not completed 18 years of age.
D
A person who has discretion and completed 18 years of age but is interdicted
E
A person who is under parental authority
Açıklama:
The persons of limited capacity are the persons who married and to whom a quasi guardian is appointed. The correct answer is A.
Soru 47
What is the age for the extraordinary marriage?
Seçenekler
A
14
B
15
C
16
D
17
E
18
Açıklama:
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.
Soru 48
Which of the following is one of the acquired property of a spouse?
Seçenekler
A
Personal items used exclusively by that spouse
B
Immaterial (moral) compensation
C
Assets acquired later at no cost by inheritance
D
Assets belonging to one spouse at the beginning of the matrimonial property regime
E
Compensation obtained for inability to work
Açıklama:
The acquired property of a spouse comprises; a) The proceeds from his or her employment, b) benefits received from social security, social welfare institutions and staff welfare schemes, c) compensation obtained for inability to work, d) income derived from his or her own individual property and e) property acquired to replace acquired property. The correct answer is E.
Soru 49
Which of the followings is not one of the types of sub-contractual freedom?
Seçenekler
A
Freedom to enter into a contract
B
Freedom to determine the court that will settle any dispute arising from a contract
C
Freedom to choose the type and subjectmatter of a contract
D
Freedom to choose the other party of a contract
E
Freedom to withdraw a contract
Açıklama:
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.
Soru 50
I. An act for tortuous liability may be a positive act or an act of omission.
II. In Turkish legal system unjust enrichment is considered as a main source of obligation.
III. A claim for damages becomes time-barred one year from the date on which the injured party becomes aware of the loss or damage and of the identity of the person liable for it, but in any event five years after the date on which the loss or damage was caused.
Which of the statements given above is/are correct?
II. In Turkish legal system unjust enrichment is considered as a main source of obligation.
III. A claim for damages becomes time-barred one year from the date on which the injured party becomes aware of the loss or damage and of the identity of the person liable for it, but in any event five years after the date on which the loss or damage was caused.
Which of the statements given above is/are correct?
Seçenekler
A
Only I
B
Only II
C
I - II
D
I - III
E
II - III
Açıklama:
In Turkish legal system unjust enrichment is considered as a secondary (not main) source of obligation. A claim for damages becomes time-barred two (not one) years from the date on which the injured party becomes aware of the loss or damage and of the identity of the person liable for it, but in any event ten (not five) years after the date on which the loss or damage was caused. An act for tortuous liability may be a positive act or an act of omission. The correct answer is A.
Soru 51
I. Persons
II. Family law
III. Succession
IV. Property
V. Obligations
Which of the ones listed above is/are among the main sub-branches of civil law?
II. Family law
III. Succession
IV. Property
V. Obligations
Which of the ones listed above is/are among the main sub-branches of civil law?
Seçenekler
A
Only III.
B
I, II & III.
C
Only IV.
D
I, II, III, IV & V.
E
III & V.
Açıklama:
There are five main sub branches of civil law. These are: 1. Law of persons 2. Family law 3. Law of succession 4. Law of property 5. Law of obligations, Therefore, the correct option is D.
Soru 52
I. Persons
II. Family law
III. Succession
IV. Property
V. Obligations
Which of the ones listed above is/are covered by civil code?
II. Family law
III. Succession
IV. Property
V. Obligations
Which of the ones listed above is/are covered by civil code?
Seçenekler
A
Only I.
B
I, II & III.
C
Only III.
D
I, II, III & IV.
E
Only V.
Açıklama:
There are five main sub branches of civil law. These are: 1. Law of persons 2. Family law 3. Law of succession 4. Law of property 5. Law of obligations Civil Code governs the first four sub-branches and the Code of Obligations governs the last subbranch. Therefore, the correct option is D.
Soru 53
Legal persons are corporate and independent bodies with a specific propose that acquire legal personality according to the special provisions by which they are regulated. Which sub-branch of the civil law deals with legal persons?
Seçenekler
A
Law of persons.
B
Family law.
C
Law of succession.
D
Law of property.
E
Law of obligations.
Açıklama:
Law of Persons is a branch of civil law that generally deals with persons and the modalities attached to persons. In this part we shall mainly deal with the meaning of “person”, the types of persons and the capacity of persons. Therefore, the correct option is A.
Soru 54
The concept of majority, the capacity to make fair judgements and not to be interdicted. What are these elements required for?
Seçenekler
A
To be considered a real person.
B
To have the capacity to act.
C
To be considered a legal person.
D
To have the capactity to exercise rights.
E
To have the capactity to exercise duties.
Açıklama:
In order to have full capacity, a person should have attained majority, should be capable of making fair judgements and should not be restricted. Therefore, there are three requirements of capacity: The concept of majority, the capacity to make fair judgements and not to be interdicted. Therefore, the correct option is B.
Soru 55
Which sub-branch of the civil law deals with marital rights and duties ?
Seçenekler
A
Law of persons.
B
Family law.
C
Law of succession.
D
Law of property.
E
Law of obligations.
Açıklama:
Family law deals with all kinds of disputes in marriages. Therefore, the correct option is B.
Soru 56
Which of the followings is not considered among the acquired property of a spouse?
Seçenekler
A
Property acquired to replace acquired property.
B
Benefits received from social security, social welfare institutions and staff welfare schemes.
C
Income derived from his or her own individual property.
D
Property acquired from former engagements.
E
Compensation obtained for inability to work.
Açıklama:
Property from previous engagements is not among the acquired property of a spouse. Therefore, the correct option is D.
Soru 57
I. Plots against life, grave assaults and insults,
II. Desertion,
III. Adultery,
IV. Mental illness,
V. Alimony.
Which ones of the listed above are among the specific grounds for divorce?
II. Desertion,
III. Adultery,
IV. Mental illness,
V. Alimony.
Which ones of the listed above are among the specific grounds for divorce?
Seçenekler
A
Only I.
B
I, II & III.
C
Only III.
D
Only V.
E
I, II, III & IV.
Açıklama:
According to the Civil Code, there are five specific grounds for divorce: 1. Adultery 2. Plots against life, grave assaults and insults 3. Crime and dishonorable life 4. Desertion 5. Mental illness. Alimony is not one of them.
Therefore, the correct option is E.
Therefore, the correct option is E.
Soru 58
"The debtor is obliged to perform as the content of her obligation. It may be an act of giving something, like in sales contract, giving the good and giving the payment in return."
Which element of obligation forsees the statement?
Which element of obligation forsees the statement?
Seçenekler
A
Contracts.
B
Consideration.
C
Debtor.
D
Creditor.
E
Unjust Enrichment.
Açıklama:
Consideration is an act, which the debtor is obliged to perform as the content of her obligation. It may be an act of giving something, like in sales contract, giving the good and giving the payment in return. It may be an act of doing something, like in employment contract-employees cleaning the building, or it may be an act of refraining from doing something, like in an agreement of restraint of trade. Therefore, the correct option is B.
Soru 59
" The legal rules recognise binding effect only to this single declaration of intention. The best example to that is a will. A Will is the last wishes of a person."
What is this an example for?
What is this an example for?
Seçenekler
A
Unilateral legal transactions.
B
Unjust Enrichment.
C
Bilateral legal transactions.
D
Offers.
E
Decisions.
Açıklama:
In unilateral legal transactions there is only one intention declared. The legal rules recognise binding effect only to this single declaration of intention. The best example to that is a will. A Will is the last wishes of a person. Some other examples are recognition of a child, withdrawal from a contract, resignation, establishment of a foundation. Therefore, the correct option is A.
Soru 60
Which of the followings is not one of the five different types of sub-freedoms of contractual freedom?
Seçenekler
A
Freedom of form.
B
Freedom to enter into a contract.
C
Freedom to withdraw a contract.
D
Freedom to annul a contract.
E
Freedom to choose the other party of a contract.
Açıklama:
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 5. Freedom to choose the type and subjectmatter of a contract. Therefore, the correct option is D.
Soru 61
There was a severe earthquake in Malatya. Ali was staying in a hotel in Malatya that totally collapsed, but his body could not be found.
How long should his next of kin wait before applying to the court for his legacy?
How long should his next of kin wait before applying to the court for his legacy?
Seçenekler
A
1 year
B
2 years
C
3 years
D
4 years
E
5 years
Açıklama:
This situation is known as presumption of absence in law. 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 (the next of kin may be any person deriving rights from his or her death) has to wait for one year and then apply to the court.
The correct answer is A.
The correct answer is A.
Soru 62
"If a married person owns the family domicile, which is the place where the family as a rule resides, this person may not transfer the ownership or create another limited real right without the written consent of the other spouse. If the family domicile is a rental place, the spouse who has concluded the rental contract may not withdraw the contract without the written consent of the other spouse."
Thus, married persons have ...
Thus, married persons have ...
Seçenekler
A
full capacity
B
limited capacity
C
limited incapacity
D
full incapacity
E
capacity to have rights
Açıklama:
A person who has capacity to act has the capacity to acquire rights and incur obligations through his/her own actions. In order to have full capacity, a person should have attained majority, should be capable of making fair judgements and should not be restricted. however, a person's capacity may be restricted for certain legal transaction, in which case he/she has limited capacity. It is mostly acknowledged that married persons are also of limited capacity mainly because of regulations related to family domicile.
The correct answer is B.
The correct answer is B.
Soru 63
Which of the following is/are the sole legally accepted union(s) in the Turkish Civil Code?
Seçenekler
A
Only marriage
B
Marriage and engagement
C
Marriage and cohabitation
D
Marriage and partnership
E
Only engagement
Açıklama:
According to Turkish Civil Code, “engagement” and “marriage” are the sole legally accepted unions. Engagement is not a registered relationship, whereas marriage is a registered relationship. Since these are limited in number, the parties do not have any discretion to freely create new types of legal unions which have not been set forth in the Civil Code or apply the consequences of marriage to other civil unions by analogy.
The correct answer is B.
The correct answer is B.
Soru 64
Which of the following is not one of the legal marriage requirements according to the Turkish Civil Code?
Seçenekler
A
Discretion
B
Monogamy
C
Majority
D
Parents' consent
E
Declaration of intention
Açıklama:
A person should first have the capacity to marry, which means that a person to marry should first of all have discretion. Second requirement is related with age. People normally reach majority at the end of 18 years, but a person at the age of 17 can get married with the permission of the parents. Furthermore, marriage between close relatives is prohibited, and monogamy is one of the essential principles of marriage.
As required in any legal transaction, the declaration of intention by the parties is a must in marriage. According to the Turkish Civil Code, the man and the woman must express orally their will to get married in front of an official authorized (civil registrar).
Consent of parents is not required to get married unless one of the partners is not younger than 18 years of age.
The correct answer is D.
As required in any legal transaction, the declaration of intention by the parties is a must in marriage. According to the Turkish Civil Code, the man and the woman must express orally their will to get married in front of an official authorized (civil registrar).
Consent of parents is not required to get married unless one of the partners is not younger than 18 years of age.
The correct answer is D.
Soru 65
Which of the following is the definition of "participation in the acquired property" as a matrimonial property system?
Seçenekler
A
Each spouse should contribute to the economic burdens of family life; these contributions can be regulated by a personal agreement.
B
The spouses have a right to change their matrimonial property regime by making a marital agreement any time during their marriage.
C
Unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end.
D
Individual assets or certain type of assets may be declared joint property or separate property.
E
Failing any evidence to the contrary, movables shall be deemed part of the community property.
Açıklama:
In Turkey, if spouses do not make a choice, they will automatically be subject to the legal matrimonial property system, which is "participation in the acquired property". Unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end with whatever reason. The concept of acquired property is important. According to article 219 of the Civil Code, acquired property comprises the assets which a spouse has required for valuable consideration during the matrimonial property regime.
The correct answer is C.
The correct answer is C.
Soru 66
According to the Code of Obligations, a will constitutes an example of ------------.
Which of the following best completes the above sentence?
Which of the following best completes the above sentence?
Seçenekler
A
Decisions
B
Contracts
C
Torts
D
Unilateral legal transactions
E
Bilateral legal transactions
Açıklama:
A legal transaction is a declaration of intention to which the legal order binds legal effects. In unilateral legal transactions there is only one intention declared. The legal rules recognise binding effect only to this single declaration of intention. The best example to that is a will.
The correct answer is D.
The correct answer is D.
Soru 67
Which of the following information about the formation of a contact is not true?
Seçenekler
A
To make a contract there is a need for two mutually declared intentions.
B
An offer, until it is terminated, gives the offeree a continuing power to create a contract by declaring an acceptance.
C
A contractual offer must be made in the offeree’s physical presence.
D
An acceptance is a declaration of intention to agree to the terms of the offer.
E
If all its elements are complete, a contract takes effect at the moment it is concluded.
Açıklama:
A contract is a legal transaction concluded by a mutual exchange of assents of two or more persons. Therefore, for the formation of a contract there is a need for two mutually declared intentions - offer and acceptance. An offer is a declaration of intention by one party, known as the offeror, whereby he expresses his willingness to enter into a contract. An offer, until it is terminated, gives the offeree a continuing power to create a contract by declaring an acceptance. An acceptance is a declaration of intention to agree to the terms of the offer. If all its elements are complete, a contract takes effect at the moment it is concluded.
The offeror does not have to set a time limit. If no time limit is set, then the Code of Obligations makes a distinction between the parties who are present and who are absent. Where an offer is made in the offeree’s presence and no time limit for acceptance is set, it is no longer binding on the offeror unless the offeree accepts it immediately. Offers declared by telephone, computer or other communication tools, on the condition that the parties understand and respond simultaneously, are considered to be made in the offeree’s presence. Thus, physical presence is not required for a contractual offer.
The correct answer is C.
The offeror does not have to set a time limit. If no time limit is set, then the Code of Obligations makes a distinction between the parties who are present and who are absent. Where an offer is made in the offeree’s presence and no time limit for acceptance is set, it is no longer binding on the offeror unless the offeree accepts it immediately. Offers declared by telephone, computer or other communication tools, on the condition that the parties understand and respond simultaneously, are considered to be made in the offeree’s presence. Thus, physical presence is not required for a contractual offer.
The correct answer is C.
Soru 68
"It is the avoidance of the compulsory legal rules that safeguard a person in her person and/or property. A person who willfully causes loss or damage to another in an immoral manner is likewise obliged to provide compensation."
Which of the following elements of tort is defined in this sentence?
Which of the following elements of tort is defined in this sentence?
Seçenekler
A
Act
B
Unlawfulness
C
Fault
D
Damage
E
Proximate causal relation
Açıklama:
Any person who unlawfully causes loss or damage to another, whether willfully or negligently, is obliged to provide compensation. When all the above mentioned elements exist, a person is subject to tortuous liability.
Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/or property. A person who willfully causes loss or damage to another in an immoral manner is likewise obliged to provide compensation.
The correct answer is B.
Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/or property. A person who willfully causes loss or damage to another in an immoral manner is likewise obliged to provide compensation.
The correct answer is B.
Soru 69
Which of the following is the most important result of a default of the debtor in case of monetary debts?
Seçenekler
A
Testifying in court
B
Paying an interest
C
Withdrawing the contract
D
Terminating the agreement
E
Objecting to the decision
Açıklama:
In monetary debts, the most important result is to pay an interest. The debtor in default definitely has to pay interest even if he/she does not have fault in being in default and the other party is not suffering from any loss due to late performance. This is named as the default interest. If the creditor suffers more damage that cannot be covered with the default, interest and if the debtor has fault being in default this time the debtor has to pay the additional damages as well.
The correct answer is B.
The correct answer is B.
Soru 70
"This is a new obligation replacing an old one. The preexisting obligation is discharged and a new obligation is created. The parties should conclude an agreement in which the intention should be clearly stated."
Which of the following ways of discharging an obligation is defined above?
Which of the following ways of discharging an obligation is defined above?
Seçenekler
A
Discharge by agreement
B
Set-off
C
Impossibility
D
Merger
E
Novation
Açıklama:
Discharge of an obligation means that the obligation has come to an end. The normal way of discharging an obligation is performance. Apart from performance, there are some other ways listed in the Code of Obligations.
Novation is one of these ways. Novation is a new obligation replacing an old one. The preexisting obligation is discharged and a new obligation is created. The parties should conclude an agreement in which the intention should be clearly stated.
The correct answer is E.
Novation is one of these ways. Novation is a new obligation replacing an old one. The preexisting obligation is discharged and a new obligation is created. The parties should conclude an agreement in which the intention should be clearly stated.
The correct answer is E.
Ünite 7
Soru 1
What does "the possession of the substantive right associated with the claim" mean?
Seçenekler
A
Capacity to litigate
B
Real party in interest
C
Capacity to conduct civil proceedings
D
Capacity to be a party
E
Party Representation
Açıklama:
Being a real party in interest is the possession of the substantive right associated with the claim. Since the right to litigate is an inseparable aspect of
the substantive right itself, only the real parties in interest must be the parties in litigation.
the substantive right itself, only the real parties in interest must be the parties in litigation.
Soru 2
What does " 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" mean?
harmed the mentioned right" mean?
Seçenekler
A
Action
B
Hearing
C
Appeal
D
Judgment
E
Mediation
Açıklama:
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. Actions are remedies that are final in nature as opposed to provisional remedies, which are temporary in nature.
Soru 3
Which of the following is not a stage of an action in written procedure?
Seçenekler
A
Oral arguments
B
Preliminary examination
C
The judgment
D
Arbitration
E
Trial
Açıklama:
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
(1) Pleadings
(2) Preliminary examination
(3) Trial
(4) Oral arguments
(5) The judgment
Soru 4
How long should the answer be submitted in wirtten procedure?
Seçenekler
A
7 days
B
2 weeks
C
15 days
D
1 week
E
14 days
Açıklama:
The answer must be submitted within two weeks from the date of the service of the complaint to the defendant.
Soru 5
What does "a fact that prevents the birth of a right or results in the termination of the right" mean?
Seçenekler
A
Statute of limitations
B
Objection
C
Defenses
D
Obligation
E
Counter-action
Açıklama:
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.
Soru 6
Which statement about commencement of action is true?
Seçenekler
A
Main legal consequence of submitting the answer pleading (or failing to do so) is the commencement of the prohibition of expansion and change of claim and defense.
B
The legal consequence of submitting these pleadings (or failing to do so) is the exhaustion of the right to raise preliminary objections.
C
There are three kinds of procedural defenses: objections regarding lack of procedural requirements, preliminary objections and counter-action.
D
If a procedural requirement is absent, the opposing party (defendant) may raise an objection until the end of secondary pleadings.
E
The most common example of objection is the statute of limitations .
Açıklama:
Main legal consequence of submitting the answerpleading (or failing to do so) is the exhaustion of the right to raise preliminary objections. The legal consequence of submitting these pleadings (or failing to do so) is the commencement of the prohibition of expansion and change of claim and
defense. The most common example of affirmative defenses is the statute of
limitations. If a procedural requirement is absent, the opposing party (defendant) may raise an objection until the end of litigation.
defense. The most common example of affirmative defenses is the statute of
limitations. If a procedural requirement is absent, the opposing party (defendant) may raise an objection until the end of litigation.
Soru 7
How many days does the debtor have to respond after the payment order is served?
Seçenekler
A
10 days
B
14 days
C
15 days
D
5 days
E
7 days
Açıklama:
After the payment order is served, the debtor has 7 days to respond.
Soru 8
Which statement about arbitration is false?
Seçenekler
A
Arbitration is a dispute resolution method in which the parties choose the arbitrator (or the arbitrators) and the procedure to be followed.
B
Arbitration is similar to litigation in courts as both methods determine which party is right and both render binding final decisions.
C
Arbitration agreement may be made only as a clause of a contract between the parties.
D
If the arbitration agreement is not void, ineffective or impossible to
apply, the court must uphold the objection and dismiss the action on procedural grounds.
apply, the court must uphold the objection and dismiss the action on procedural grounds.
E
Sole ordinary appellate remedy against the arbitration award is an action for invalidation.
Açıklama:
An arbitration agreement is a contract in which the parties agree on
the resolution of a part of or all present or possible future disputes arising from a contractual or noncontractual legal relationship by an arbitrator or an arbitral tribunal (art. 412). Arbitration agreement may be made as a clause of a contract between the parties or as a stand-alone contract.
the resolution of a part of or all present or possible future disputes arising from a contractual or noncontractual legal relationship by an arbitrator or an arbitral tribunal (art. 412). Arbitration agreement may be made as a clause of a contract between the parties or as a stand-alone contract.
Soru 9
Within which time period may the creditor file an action in the proper court for the invalidation of the objection?
Seçenekler
A
1 year
B
2 years
C
6 months
D
5 years
E
3 months
Açıklama:
The creditor may file an action in the proper court for the invalidation of the objection (itirazın iptali davası) within one year.
Soru 10
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?
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?
Seçenekler
A
Only I
B
Only II
C
I and II
D
I and III
E
II and III
Açıklama:
Civil procedure is not interested in crimes; crimes are contents of criminal law. Others are true.
Soru 11
Which country was the origin of Turkey’s former Civil Procedure Code?
Seçenekler
A
Germany
B
Switzerland
C
England
D
United States of America
E
Norway
Açıklama:
Turkish former Code of Civil Procedure which was effective from 1927 to 2011 was adopted from Switzerland.
Soru 12
Which of the following is not one of the statutory sources of civil procedure law?
Seçenekler
A
Turkish Code of Civil Procedure
B
Code of International Arbitration
C
The Law of Lawyers
D
The Law of Judges and Public Prosecutors
E
Court of Cassation (CoC) opinions
Açıklama:
Court opinions are not statutes and they are secondary sources of civil procedure law.
Soru 13
Which of the following is not one of the specialized courts in Turkey?
Seçenekler
A
Family court
B
Labor court
C
Consumer court
D
Technology court
E
Cadastral court
Açıklama:
All choices except D, exist in Turkish juridicial system.
Soru 14
Who carries out the admistrative work in courts in Turkey?
Seçenekler
A
The administrative office of the court
B
Lawyer
C
Attorney
D
Judge
E
Stenographer
Açıklama:
The administrative office of the court does the job.
Soru 15
In civil procedure law, which of the following is equivalent capacity to have rights and duties in civil law?
Seçenekler
A
Capacity to be a party
B
Capacity to conduct civil proceedings and legal representation
C
Capacity to litigate
D
Real party in interest
E
Party representation
Açıklama:
Capacity to be a party in civil procedure law is equivalent capacity to have rights and duties in civil law.
Soru 16
“…..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?
Fill the blank with correct term?
Seçenekler
A
Procedure
B
Civil law
C
Plaintiff
D
Omission
E
Action
Açıklama:
Action (dava) fits the sentence.
Soru 17
“…….. is about determining which type of court is the proper court to resolve a claim.”
Fill the blank with correct term?
Fill the blank with correct term?
Seçenekler
A
Litigation
B
Venue
C
Sunject-matter jurisdiction
D
Commencement of action
E
Answer
Açıklama:
Subject-matter jurisdiction of court is about the given sentence. Rules of subject-matter jurisdiction are the rules to follow in determining the proper court at a particular venue and determine the type of the court.
Soru 18
Which of the following isn’t examined in the preliminary examination stage?
Seçenekler
A
Procedural requirements and preliminary objections
B
Boundaries of the dispute
C
Preparatory proceedings and proceedings necessary for the parties to present evidence and for the discovery of evidence
D
Encouraging parties for settlement or mediation in actions on which they may freely act
E
Merits of the case
Açıklama:
Preliminary examination is for the determine formal convenience.
Soru 19
I. The judgment
II. Decision about there is no need to render a judgment
III. Decision about examine an objection of one of parties
Which one/ones is/are interlocutory decision of court?
II. Decision about there is no need to render a judgment
III. Decision about examine an objection of one of parties
Which one/ones is/are interlocutory decision of court?
Seçenekler
A
Only I
B
Only III
C
I and III
D
II and III
E
I, II and III
Açıklama:
I and II final decisions. But III is an interlocutary decision.
Soru 20
When did the Code of Civil Procedure enter into effect in Turkey?
Seçenekler
A
2011
B
2012
C
2013
D
2014
E
2015
Açıklama:
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.
Soru 21
"Multiple persons may jointly file an action or an action may be filed jointly against multiple persons if the right or the obligation that is the subject matter of the action between the plaintiffs or defendants is shared upon a reason other than joint ownership."
Which of the following concepts refers to this definition?
Which of the following concepts refers to this definition?
Seçenekler
A
Capacity to litigate
B
Joinder of parties
C
Party representation
D
Real party in interest
E
Third party intervention
Açıklama:
Even though the number of parties is set to two in any action, each party may be comprised of multiple persons. This joinder may result from either procedural or substantive reasons. According to article 57 of the CoCP, multiple persons may jointly file an action or an action may be filed jointly against multiple persons if the right or the obligation that is the subject matter of the action between the plaintiffs or defendants is shared upon a reason other than joint ownership. This is known as the joinder of parties. The correct answer is B.
Soru 22
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?
Seçenekler
A
Declaratory action
B
Action with gradual demand
C
Action for performance
D
Constructive action
E
Action with alternative demand
Açıklama:
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.
(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.
Soru 23
Which of the following is not one of the types of evidence mentioned in the Statute?
Seçenekler
A
Deeds
B
Oath
C
Witness
D
Expert examination
E
Preliminary examination
Açıklama:
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.
Soru 24
"This is an agreement made before the court between the parties to resolve the dispute partially or entirely in the course of a pending action."
Which of the following concepts is defined above?
Which of the following concepts is defined above?
Seçenekler
A
Settlement
B
Acknowledgement
C
Provisional remedy
D
Waiwer
E
Res judicata
Açıklama:
Settlement (sulh) is an agreement made before the court between the parties to resolve the dispute partially or entirely in the course of a pending action. The parties may settle only actions regarding disputes on which they may freely act. Matters outside the subject matter of the action may also be included in the scope of the settlement. Settlement may be made at any time until the judgment becomes unappealable. The correct answer is A.
Soru 25
Which of the following information is not true about appellate remedies?
Seçenekler
A
İstinaf (intermediate appeal) is the appellate remedy to be applied against the decisions of the first instance courts.
B
Temyiz (appeal) is the remedy to be applied against the decisions of the circuit courts of appeals.
C
In intermediate appeal remedy, the higher court reviews the decision in question only with regard to matters of law.
D
Time limit for appeal is one month from the date of service of the final decision in question.
E
Renewal of proceedings is an extra-ordinary appellate remedy, granted on account of a substantial procedural error made during the proceedings.
Açıklama:
In intermediate appeal remedy, unlike the appeal, the higher court reviews the decision in question not only with regard to matters of law, but also with regard to matters of fact. The correct answer is C.
Soru 26
Which of the following are the most common forms of alternative dispute resolution used in Turkey?
Seçenekler
A
Voluntariness and agreement
B
Court hearing and negotiation
C
Conciliation and mediation
D
Facilitation and consulting
E
Ombudsman and consultant
Açıklama:
Alternative dispute resolution methods are means for the parties of the dispute to resolve the dispute among them rather than resorting to litigation mostly involving a neutral and independent third party. There are a number of institutional ADR methods implemented in civil procedure. ADR methods in currently implemented in Turkey may be divided into two broad categories, which are conciliation (uzlaştırma) and mediation (arabuluculuk). 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 numbered 6235 (LMCD) is the Statute that regulates institutional mediation in Turkey. The correct answer is C.
Soru 27
Which action must be filed by a debtor who demands the return of unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure?
Seçenekler
A
Negative declaratory action
B
Action for restitution
C
Declaratory action
D
Action for recovery from debt
E
Action for objection
Açıklama:
The action for restitution is an action of performance; the debtor (now the plaintiff) demands the return of 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.
Soru 28
"It is the legal seizure of the assets and rights belonging to the debtor to be liquidated in a compulsory enforcement procedure, whose proceeds are then paid to the creditor. Not being a matter of collective enforcement, it must be limited to assets and rights su icient for the credit claimed."
Which of the following concepts is defined above?
Which of the following concepts is defined above?
Seçenekler
A
Commercial bill
B
Credit
C
Debt
D
Attachment
E
Return of property
Açıklama:
After the payment order becomes conclusive, either with failing to raise an objection or upon the final decision of the court resolving the objection, the creditor may request attachment from the agency. Attachment is the legal seizure of the assets and rights belonging to the debtor to be liquidated in a compulsory enforcement procedure, whose proceeds are then paid to the creditor. Since it is not a matter of collective enforcement, the attachment must be limited to assets and rights su icient for the credit claimed. The correct answer is D.
Soru 29
Which of the following is not one of the main stakeholders involved in the process of liquidation?
Seçenekler
A
Board of trustees
B
Compulsory enforcement court
C
Debtor
D
Bankruptcy agency
E
Arbitrator
Açıklama:
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.
Soru 30
Which of the following is a specialized court in civil judiciary?
Seçenekler
A
Constitutional Court
B
State Security Court
C
Compulsory Enforcement Court
D
Criminal Court
E
Administrative Court
Açıklama:
Specialized courts are the courts established by various statutes and they have jurisdiction in actions with the specific subject matter they are established for. There are seven specialized courts in civil judiciary:
(1) Cadastral courts
(2) Labor courts
(3) Compulsory enforcement courts
(4) Consumer courts
(5) Civil Courts of Intellectual and industrial
property rights
(6) Family courts
(7) Commercial courts
(1) Cadastral courts
(2) Labor courts
(3) Compulsory enforcement courts
(4) Consumer courts
(5) Civil Courts of Intellectual and industrial
property rights
(6) Family courts
(7) Commercial courts
Soru 31
Which of the following is a general jurisdiction court?
Seçenekler
A
Labor Court
B
Civil Court of Peace
C
Consumer Court
D
Family Court
E
Commercial Court
Açıklama:
Civil courts of first instance, which are the courts that resolve disputes initially, are established
as either general jurisdiction courts or specialized courts. General jurisdiction courts are established with the Law regarding Establishment, Jurisdiction and Powers of Civil and Criminal Courts of First Instance and Circuit Courts of Appeals (no. 5235),and they are comprised of civil courts of general jurisdiction (asliye hukuk mahkemeleri) and civil courts of peace (sulh hukuk mahkemeleri).
as either general jurisdiction courts or specialized courts. General jurisdiction courts are established with the Law regarding Establishment, Jurisdiction and Powers of Civil and Criminal Courts of First Instance and Circuit Courts of Appeals (no. 5235),and they are comprised of civil courts of general jurisdiction (asliye hukuk mahkemeleri) and civil courts of peace (sulh hukuk mahkemeleri).
Soru 32
If a one-month time requirement starts on 31.01.2017, when should it end?
Seçenekler
A
28.02.2017
B
01.03.2017
C
02.03.2017
D
13.03.2017
E
14.03.2017
Açıklama:
If time requirement is determined in terms of weeks, months or years, time expires at the end of the workday of the corresponding day of the last week, the last month or the last year to the day the time has started. If a corresponding day does not exist in the month that the time requirement expires, it expires at the end of the last workday of that month.
Weekends and official holidays are included in time requirements. However, if the last day of the time requirement corresponds to an official holiday (or the weekend), time expires at the end of first workday following the holiday.
Weekends and official holidays are included in time requirements. However, if the last day of the time requirement corresponds to an official holiday (or the weekend), time expires at the end of first workday following the holiday.
Soru 33
Which one of the following is not a type of civil dispute resolution?
Seçenekler
A
Settlement
B
Alternative dispute resolution
C
Arbitration
D
Incarceration
E
Litigation
Açıklama:
There are four broad types of (or ways for) civil dispute resolution:
(1) The parties of the dispute may resolve the dispute among themselves. This may be carried out completely out of the legal
system or within legal boundaries with an agreement called settlement.
(2) The parties may refer to an independent and neutral third party and utilize her services, which is called an alternative
dispute resolution.
(3) Parties may choose to resolve their dispute not before the court but before an independent and impartial third party. However, in this type of resolution, the third party in question is called arbitrator and the resolution itself is called arbitration. This recourse is similar to litigation in court; however, unlike the
judiciary, the parties are free to choose the arbitrator and the procedure to be followed.
(4) Of course the final and by far the most popular method to resolve disputes is litigation. Litigation is the ultimate method
in dispute resolution and according to article 36 of the Turkish Constitution, everyone has the right to assert claims and
defenses, and a fair trial, as a plaintiff or defendant before judicial tribunals through utilizing legal means and proceedings; no
court may abstain from trying an action for which it is competent with regard to subject-matter jurisdiction and venue.
Incarceration is a punishment that might be given after a trial.
(1) The parties of the dispute may resolve the dispute among themselves. This may be carried out completely out of the legal
system or within legal boundaries with an agreement called settlement.
(2) The parties may refer to an independent and neutral third party and utilize her services, which is called an alternative
dispute resolution.
(3) Parties may choose to resolve their dispute not before the court but before an independent and impartial third party. However, in this type of resolution, the third party in question is called arbitrator and the resolution itself is called arbitration. This recourse is similar to litigation in court; however, unlike the
judiciary, the parties are free to choose the arbitrator and the procedure to be followed.
(4) Of course the final and by far the most popular method to resolve disputes is litigation. Litigation is the ultimate method
in dispute resolution and according to article 36 of the Turkish Constitution, everyone has the right to assert claims and
defenses, and a fair trial, as a plaintiff or defendant before judicial tribunals through utilizing legal means and proceedings; no
court may abstain from trying an action for which it is competent with regard to subject-matter jurisdiction and venue.
Incarceration is a punishment that might be given after a trial.
Soru 34
Which one of the following must always be present in a court?
Seçenekler
A
Police officer
B
Lawyer
C
Press member
D
Witness
E
Bailiff
Açıklama:
All courts have an administrative office supervised by a court clerk, with court stenographers, a bailiff, and other civil servants where necessary.
Soru 35
Regarding to the capacity to be a party, which of the following is wrong?
Seçenekler
A
The personality and therefore the capacity begins with full birth and ends with death.
B
Both private and public law legal entities have the capacity to be a party.
C
Capacity of the child begins with conception, on condition that full birth is achieved.
D
A curator must be appointed for the protection of the rights of the unborn baby.
E
Only citizens have the right to possess civil rights and therefore the capacity to be a party.
Açıklama:
Article 50 of the CoCP defines the capacity to be a party and makes referral to the Turkish Civil Code. According to the provision, any person who has the capacity to possess civil rights, also has the capacity to be a party in an action. According to articles 8 and 28 of the Turkish Civil Code, every person has the right to possess civil rights.
Soru 36
In the case of having issues related to the judge of a court, what action can the sufferer take?
Seçenekler
A
File an action for damages against the judge
B
File an action for damages against the State
C
File an appeal to the Court of Cassation
D
File a request to have the judge replaced
E
No action can be taken
Açıklama:
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.
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.
Soru 37
What kind of specialized courts must employ a full-time psychologist?
Seçenekler
A
Labor courts
B
Compulsory enforcement courts
C
Consumer courts
D
Family courts
E
Civil Courts of Intellectual and industrial property rights
Açıklama:
All family courts must employ a full time psychologist, a pedagogue and a social work specialist to assist the court.
Soru 38
Which one is the first stage of action in civil procedure?
Seçenekler
A
Preliminary examination
B
Oral Arguments
C
Pleadings
D
Trial
E
The judgement
Açıklama:
The stages of the action in civil procedure are:
(1) Pleadings
(2) Preliminary examination
(3) Trial
(4) Oral arguments
(5) The judgment
(1) Pleadings
(2) Preliminary examination
(3) Trial
(4) Oral arguments
(5) The judgment
Soru 39
What does "burden of proof" determine?
Seçenekler
A
If a presentened evidence is illegal
B
If a presented evidence proves a fact
C
The right to present evidence for the opposing party
D
Which party has to prove matters in a trial
E
The right to not present any evidence
Açıklama:
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.
Soru 40
According to the CoCP, which one can not be considered as a document?
Seçenekler
A
a photograph
B
a short video clip
C
a report prepared by an expert
D
an audio recording
E
an e-mail
Açıklama:
Data suitable for proving the facts of the dispute such as written or published texts, deeds, drawings, plans, outlines, photographs, films, visual or audio recordings as well as data stored in electronic media and similar data storage devices shall be considered as documents within the scope of the CoCP (art. 199). This is a very inclusive definition. The wording of the provision is not restrictive; therefore, any kind of device that can somehow store data and is suitable for proving a fact is a document.
However, expert reports are discretionary evidence written by experts and is a separate type of evidence.
However, expert reports are discretionary evidence written by experts and is a separate type of evidence.
Soru 41
(1) is an action in which the court is requested to sentence the defendant to
give or perform, or avoid from doing something.
With (2), 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.
With (3), the court is requested to create a new legal status, or modify the
substance of an existing legal status or terminate it.
With which of the following should the numbered places in passage above be filled?
give or perform, or avoid from doing something.
With (2), 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.
With (3), the court is requested to create a new legal status, or modify the
substance of an existing legal status or terminate it.
With which of the following should the numbered places in passage above be filled?
Seçenekler
A
(1) Action for performance
(2) Constructive action
(3) Declaratory action
(2) Constructive action
(3) Declaratory action
B
(1) Action for performance
(2) Declaratory action
(3) Constructive action
(2) Declaratory action
(3) Constructive action
C
(1) Constructive action
(2) Declaratory action
(3) Action for performance
(2) Declaratory action
(3) Action for performance
D
(1) Constructive action
(2) Action for performance
(3) Declaratory action
(2) Action for performance
(3) Declaratory action
E
(1) Declaratory action
(2) Action for performance
(3) Constructive action
(2) Action for performance
(3) Constructive action
Açıklama:
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)
Any claim to be filed as action in the court must fall under one of these three categories.
Action for performance is an action in which the court is requested to sentence the defendant to
give or perform, or avoid from doing something (art. 105).
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 (art. 106).
With constructive action, the court is requested to create a new legal status, or modify the
substance of an existing legal status or terminate it. (art. 108).
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)
Any claim to be filed as action in the court must fall under one of these three categories.
Action for performance is an action in which the court is requested to sentence the defendant to
give or perform, or avoid from doing something (art. 105).
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 (art. 106).
With constructive action, the court is requested to create a new legal status, or modify the
substance of an existing legal status or terminate it. (art. 108).
Soru 42
Which of the following is not a stage of action in written civil procedure?
Seçenekler
A
Pleadings
B
Preliminary examination
C
Trial
D
Written arguments
E
The judgement
Açıklama:
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
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
Soru 43
What does "res judicata" mean in a trial?
Seçenekler
A
An unappealable decision made in order to resume an action
B
A procedural decision that allows the action to be filed again.
C
A situation where the action can not be given judgement
D
A judgement that renders the dispute unappealable
E
A decision declaring the subject matter of the action has perished
Açıklama:
An unappealable decision made in order to resume an action is an interlocutory decision.
Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again.
Final decisions of the court are generally categorized into three categories, which are
(1) procedural final decisions (or dismissal of the action on procedural grounds),
(2) the judgment (hüküm) (ruling on the merits),
(3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment).
Judgments resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on
the matter.
Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again.
Final decisions of the court are generally categorized into three categories, which are
(1) procedural final decisions (or dismissal of the action on procedural grounds),
(2) the judgment (hüküm) (ruling on the merits),
(3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment).
Judgments resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on
the matter.
Soru 44
Which one of the below is an example of "a temporary constructive measure"?
Seçenekler
A
Provisional alimony
B
Granting the custody of a child to a parent
C
Surrendering a subject matter to a trustee
D
Incarcerating one of the parties
E
Dismissal of the trial
Açıklama:
In the event of a concern that the retrieval of the right can become extremely difficult or impossible on account of a possible
change in the current state, or an inconvenience or serious damages may occur because of delay, a provisional remedy regarding the subject matter of the dispute may be granted (art. 389). Provisional remedy may be granted to serve one of three purposes: performance (e.g. provisional alimony), protection (e.g. surrendering the subject matter to a trustee) or a temporary constructive measure (e.g. granting the custody of a child to a parent in divorce actions).
change in the current state, or an inconvenience or serious damages may occur because of delay, a provisional remedy regarding the subject matter of the dispute may be granted (art. 389). Provisional remedy may be granted to serve one of three purposes: performance (e.g. provisional alimony), protection (e.g. surrendering the subject matter to a trustee) or a temporary constructive measure (e.g. granting the custody of a child to a parent in divorce actions).
Soru 45
Which of the following is a definitive evidence?
Seçenekler
A
Oath
B
Documents
C
Witness
D
Expert examination
E
Inspection by judge
Açıklama:
Types of evidence are:
(1) documents (belge)
(2) deeds (senet)
(3) oath (yemin)
(4) witness (tanık)
(5) expert examination (bilirkişi incelemesi)
(6) inspection by judge (keşif)
(7) Res judicata (kesin hüküm)
In civil procedure, types of evidence are divided into two categories according to their evidentiary
weight: definitive evidence and discretionary evidence. In civil procedure, there are three types of evidence that are definite: Deed, oath and res judicata.
(1) documents (belge)
(2) deeds (senet)
(3) oath (yemin)
(4) witness (tanık)
(5) expert examination (bilirkişi incelemesi)
(6) inspection by judge (keşif)
(7) Res judicata (kesin hüküm)
In civil procedure, types of evidence are divided into two categories according to their evidentiary
weight: definitive evidence and discretionary evidence. In civil procedure, there are three types of evidence that are definite: Deed, oath and res judicata.
Soru 46
Which one of the following is false about "intermediate appeal"?
Seçenekler
A
The application for the appeal must be made in two weeks.
B
Applications must be made with a petition.
C
Intermediate appeal is not applicable against final decisions.
D
It is a complete renewal of the proceeding.
E
The value of the subject matter must exceed a certain amount in actions regarding property rights.
Açıklama:
The intermediate appeal is not a complete renewal of the proceedings; it is carried out within the boundaries of the petitions of the parties regarding intermediate appeal.
According to the CoCP, intermediate appeal is applicable against final decisions. Decisions regarding actions concerning property rights in which the value or amount of the subject matter does not exceed a certain amount are unappealable.
Application for intermediate appeal remedy must be made with a petition.
Time limit for application to intermediate appeal is two weeks.
According to the CoCP, intermediate appeal is applicable against final decisions. Decisions regarding actions concerning property rights in which the value or amount of the subject matter does not exceed a certain amount are unappealable.
Application for intermediate appeal remedy must be made with a petition.
Time limit for application to intermediate appeal is two weeks.
Soru 47
I. Arbitration
II. Conciliation
III. Mediation
Which of the above is/are (an) alternative dispute resolution method(s)?
II. Conciliation
III. Mediation
Which of the above is/are (an) alternative dispute resolution method(s)?
Seçenekler
A
Only I
B
I and II
C
I and III
D
II and III
E
I, II and III
Açıklama:
Arbitration is a dispute resolution method in which the parties choose the arbitrator (or the
arbitrators) and the procedure to be followed. Otherwise, arbitration is similar to litigation in
courts as both methods determine which party is right and both render binding final decisions.
Alternative dispute resolution methods are means for the parties of the dispute to resolve the dispute among them rather than resorting to litigation mostly involving a neutral and independent third party. There are a number of institutional ADR methods implemented in civil procedure. ADR methods in currently implemented in Turkey may be divided into two broad categories, which are conciliation (uzlaştırma) and mediation (arabuluculuk).
arbitrators) and the procedure to be followed. Otherwise, arbitration is similar to litigation in
courts as both methods determine which party is right and both render binding final decisions.
Alternative dispute resolution methods are means for the parties of the dispute to resolve the dispute among them rather than resorting to litigation mostly involving a neutral and independent third party. There are a number of institutional ADR methods implemented in civil procedure. ADR methods in currently implemented in Turkey may be divided into two broad categories, which are conciliation (uzlaştırma) and mediation (arabuluculuk).
Soru 48
I. Simple composition agreement
II.Composition in bankruptcy
III.Composition by way of abandonment
Which of the above is/are (a) type(s) of composition agreements?
II.Composition in bankruptcy
III.Composition by way of abandonment
Which of the above is/are (a) type(s) of composition agreements?
Seçenekler
A
Only I
B
Only II
C
Only III
D
I and II
E
I, II and III
Açıklama:
If a debtor becomes insolvent, in order to avoid or escape bankruptcy, she may resort to
composition agreements. Even if the debtor is not eligible for bankruptcy, she may resort to
composition agreement. Composition agreements are debt restructuring agreements between the
debtor and her creditors.
There are three types of composition agreements:
(1) Simple composition agreement
(2) Composition in bankruptcy
(3) Composition by way of abandonment
composition agreements. Even if the debtor is not eligible for bankruptcy, she may resort to
composition agreement. Composition agreements are debt restructuring agreements between the
debtor and her creditors.
There are three types of composition agreements:
(1) Simple composition agreement
(2) Composition in bankruptcy
(3) Composition by way of abandonment
Soru 49
(1) in general comprises of two major parts. While first part of the discipline deals with individual debt recovery and is called (2), the latter deals with the creditors and assets of a debtor as a whole and is appropriately called (3).
With which of the following should the numbered places in passage above be filled?
With which of the following should the numbered places in passage above be filled?
Seçenekler
A
(1) Compulsory enforcement law
(2) Personal enforcement
(3) Creditor enforcement
(2) Personal enforcement
(3) Creditor enforcement
B
(1) Bankruptcy law
(2) Individual enforcement
(3) Collective enforcement
(2) Individual enforcement
(3) Collective enforcement
C
(1) Bankruptcy law
(2) Personal enforcement
(3) Collective enforcement
(2) Personal enforcement
(3) Collective enforcement
D
(1) Compulsory enforcement law
(2) Individual enforcement
(3) Collective enforcement
(2) Individual enforcement
(3) Collective enforcement
E
(1) Compulsory enforcement law
(2) Individual enforcement
(3) Creditor enforcement
(2) Individual enforcement
(3) Creditor enforcement
Açıklama:
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.
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.
Soru 50
How many specialized courts are there in civil judiciary?
Seçenekler
A
6
B
7
C
8
D
9
E
11
Açıklama:
There are seven specialized courts in civil judiciary: (1) Cadastral courts (2) Labor courts (3) Compulsory enforcement courts (4) Consumer courts (5) Civil Courts of Intellectual and industrial property rights (6) Family courts (7) Commercial courts. Therefore, the correct option is B.
Soru 51
I. Cadastral courts
II. Labor courts
III. Compulsory enforcement courts
IV. Consumer courts
V. Family courts
VI. Military courts
Which of the ones listed above is not among specialized courts in civil judiciary?
II. Labor courts
III. Compulsory enforcement courts
IV. Consumer courts
V. Family courts
VI. Military courts
Which of the ones listed above is not among specialized courts in civil judiciary?
Seçenekler
A
Only II.
B
I, III & V.
C
Only IV.
D
IV & V.
E
Only VI.
Açıklama:
Military courts are not civil courts. Therefore, the correct option is E.
Soru 52
Which of the followings is the representative of a person (real or legal) in a court of law?
Seçenekler
A
Judge.
B
Prosecutor.
C
Attorney.
D
Bailiff.
E
Stenographer.
Açıklama:
An attorney is the representative of a person. Therefore, the correct option is C.
Soru 53
Which of the followings is the representative of the state in a court of law?
Seçenekler
A
Judge.
B
Prosecutor.
C
Attorney.
D
Bailiff.
E
Stenographer.
Açıklama:
Prosecutor is the representative of the state in a court. Therefore, the correct option is B.
Soru 54
I. Registration to a bar association,
II. Bachelor's degree in law,
III. Completion of one-year apprenticeship.
Which of the listed above is compulsory to become a lawyer?
II. Bachelor's degree in law,
III. Completion of one-year apprenticeship.
Which of the listed above is compulsory to become a lawyer?
Seçenekler
A
Only I.
B
II & III.
C
Only II.
D
I, II & III.
E
Only III.
Açıklama:
In order to become a practicing lawyer, one must graduate from a law faculty, complete the required one-year apprenticeship and register in a bar association. Therefore, the correct option is D.
Soru 55
Which article of the CoCP defines the capacity to be a party and makes referral to the Turkish Civil Code?
Seçenekler
A
Article 50.
B
Article 71.
C
Article 81.
D
Article 90.
E
Article 40.
Açıklama:
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.
Soru 56
What is power of attorney?
Seçenekler
A
Being a real party in interest is the possession of the substantive right associated with the claim.
B
Capacity to litigate is the capability to secure a judgment about the relief that is demanded.
C
Multiple persons' capacity to jointly file an action.
D
Capacity to conduct civil proceedings and manage it personally or through an attorney whom she appoints.
E
The party applying for legal protection or asserting the claim.
Açıklama:
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.
Soru 57
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?
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?
Seçenekler
A
I, II & III.
B
Only II.
C
I, II & IV.
D
Only IV.
E
II, III & IV.
Açıklama:
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.
Soru 58
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?
Seçenekler
A
Actions for Performance.
B
Declaratory Actions.
C
Constructive Actions.
D
Party Representation.
E
Power of attorney.
Açıklama:
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.
Soru 59
Which of the followings is not among the procedural requirements stated in the CoCP?
Seçenekler
A
Decision of the court demanding security to be given must be fulfilled.
B
Capacity to litigate must be held.
C
The court must have venue in circumstances that venue is definitive.
D
Turkish courts must have judicial power on the matter.
E
Court does not need to have jurisdiction with respect to branch of judiciary.
Açıklama:
The court must have jurisdiction with respect to branch of judiciary. Therefore, the correct option is E.
Soru 60
In which of the following options the three sources of Civil Procedure are provided?
Seçenekler
A
Code of Civil Procedure - Court of Cassation opinions - Legal literature
B
Judges - Court of Cassation - Legislation
C
Judges - Lawyers - Prosecutors
D
Courts of First Instance - Council of State - Penal Code
E
Constitutional Court - Turkish Civil Code - Code of Civil Procedure
Açıklama:
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.
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.
Soru 61
These are the intermediate level courts in the Turkish civil judiciary. These courts had been established in 2004 and became operational in 2016. The most essential duty carried out by these courts is the intermediate appellate review of final decisions rendered by the courts of first instance in their respective jurisdictional areas. They also possess a very limited subject-matter jurisdiction regarding some civil disputes.
Which of the following types of court is defined above?
Which of the following types of court is defined above?
Seçenekler
A
Civil court of first instance
B
Criminal court of first instance
C
Circuit court of appeals
D
Labour court
E
Commercial court
Açıklama:
Circuit courts of appeals (bölge adliye mahkemeleri) are the intermediate level courts in Turkish civil judiciary. These courts had been established in 2004 and became operational in 2016. There are 15 circuit courts of appeals, of which seven are operational as of 2017. These courts are currently situated in Ankara, Antalya, Erzurum, Gaziantep, İstanbul, İzmir and Samsun. The most essential duty carried out by the circuit courts of appeals is the intermediate appellate review of final decisions rendered by the courts of first instance in their respective jurisdictional areas. They also possess a very limited subject-matter jurisdiction as a court of first instance regarding some civil disputes.
The correct answer is C.
The correct answer is C.
Soru 62
Any person having the capacity to conduct civil proceedings may file an action and manage it personally or through an attorney whom she appoints (art. 71). 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 (art. 73). The attorney is required to present the original power of attorney or the true copy of the original certified by her to be put in the case file of the action or the compulsory enforcement procedure in all actions and proceedings that she files or manages (art. 76).
Which of the following aspects of parties is defined above?
Which of the following aspects of parties is defined above?
Seçenekler
A
Capacity to be a party
B
Party representation
C
Capacity to litigate
D
Real party in interest
E
Joinder of parties
Açıklama:
Any person having the capacity to conduct civil proceedings may file an action and manage it personally or through an attorney that represents her. A power of attorney is required for party representation. 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 (art. 73). The attorney is required to present the original power of attorney or the true copy of the original certified by her to be put in the case file of the action or the compulsory enforcement procedure in all actions and proceedings that she files or manages (art. 76).
The correct answer is B.
The correct answer is B.
Soru 63
Which of the following is the definition of declaratory action?
Seçenekler
A
An action in which the court is requested to sentence the defendant to give or perform, or avoid from doing something
B
An action in which the court is requested to determine the existence or nonexistence of a right or a legal relationship
C
An action in which the court is requested to create a new legal status, or modify the substance of an existing legal status or terminate it
D
An action through which the plaintiff asserts multiple demands against the defendant in the same complaint
E
An action through which the court examines the existence of procedural requirements during all stages of the action ex officio
Açıklama:
In a 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.
An action in which the court is requested to sentence the defendant to give or perform, or avoid from doing something is an action for performance.
An action in which the court is requested to create a new legal status, or modify the substance of an existing legal status or terminate it is a constructive action.
An action through which the plaintiff asserts multiple demands against the defendant in the same complaint is an action with gradual demands.
An action through which the court examines the existence of procedural requirements during all stages of the action ex officio is related with procedural requirements.
The correct answer is B.
An action in which the court is requested to sentence the defendant to give or perform, or avoid from doing something is an action for performance.
An action in which the court is requested to create a new legal status, or modify the substance of an existing legal status or terminate it is a constructive action.
An action through which the plaintiff asserts multiple demands against the defendant in the same complaint is an action with gradual demands.
An action through which the court examines the existence of procedural requirements during all stages of the action ex officio is related with procedural requirements.
The correct answer is B.
Soru 64
Which of the following is not one of the duties of the court in preliminary examination?
Seçenekler
A
Examine procedural requirements and preliminary objections
B
Determine the boundaries of the dispute
C
Carry out preparatory proceedings and proceedings necessary for the parties to present evidence and for the discovery of evidence
D
Encourage the parties for settlement or mediation in actions on which they may freely act
E
Resort to amendment to correct a mistake in the action
Açıklama:
The procedures defined in the first four options are duties of the court in the preliminary action. Amendment is a procedure in its own right which follows the trial in general.
Thus, the correct answer is E.
Thus, the correct answer is E.
Soru 65
Which of the following information about witnesses is not true?
Seçenekler
A
Witnesses are third persons who have first-hand information on the matters of dispute.
B
Witnesses are invited to the court with summonses.
C
Before the testimony, the witness must be informed regarding the importance of telling the truth.
D
The person who is summoned as a witness may under no circumstances refuse to testify.
E
If there are any reasons raising doubt over the reliability of the testimony of the witness, such as having an interest in the action, each party may claim and prove that reason.
Açıklama:
The person who is summoned as a witness may refuse to testify under circumstances that are expressly stated by the Statute. Reasons for refusal to testify are divided into three categories:personal reasons, confidentiality and danger of harm to one’s interests.
The correct answer is D.
The correct answer is D.
Soru 66
Which of the following is the only real extraordinary appellate remedy in civil litigation?
Seçenekler
A
Appeal
B
Intermediate appeal
C
Renewal of proceeding
D
Arbitration
E
Mediation
Açıklama:
Appellate remedies are generally divided into two categories: ordinary appellate remedies and extraordinary appellate remedies. Ordinary appellate remedies are the remedies to be exhausted before a decision becomes unappealable. Intermediate appeal and appeal are the ordinary appellate remedies. Extraordinary appellate remedies, on the other hand, are the remedies that may be applied after the decision becomes unappealable; therefore, they remove res judicata. There is only one real extraordinary appellate remedy in civil litigation: the renewal of proceedings (yargılamanın iadesi).
The correct answer is C.
The correct answer is C.
Soru 67
Which of the following are alternative dispute resolution methods in the Turkish legislation?
Seçenekler
A
Conciliation / mediation
B
Appeal / intermediate appeal
C
Provisional remedy / Appellate remedy
D
Waiver / settlement
E
Expert examination / inspection by judge
Açıklama:
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.
The correct answer is A.
Soru 68
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?
Which of the following terms is defined in the above paragraph?
Seçenekler
A
Civil procedure
B
Complaint procedure
C
Individual enforcement
D
Collective enforcement
E
Attachment
Açıklama:
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.
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.
Soru 69
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?
Which of the following terms should replace the blanks in the above paragraph?
Seçenekler
A
Commercial bill
B
Action for restitution
C
Insolvency certificate
D
Liquidation
E
Composition agreement
Açıklama:
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.
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.
Ünite 8
Soru 1
Which one of the following statements is not true about commercial law?
Seçenekler
A
Commercial law generally focuses on commercial transactions
B
The scope and extent of commercial law is in fact quite limited and merely deals with issues of monetary exchange between two parties
C
In some legal arrangements, it seems that the commercial law is partly considered within the scope of law and economics
D
Commercial law is based on freedom of contract
E
Commercial law involves some issues that overlap with issues in business law
Açıklama:
Commercial law generally focuses on commercial transactions. The scope and extent of commercial law is vast. In some jurisdictions commercial law is partly considered within the scope of law and economics. Nevertheless, commercial law is based on freedom of contract whereas in law of economics, the state, based on public interest arguments may interfere with commercial, industrial or financial relations2. Commercial law and business law have many overlapping issues. Divergent set of rules in commercial law all of which regulate one aspect of commercial business life is also accompanied with other specific rules and regulations such as norms in the Code of Obligations, Capital Markets Law; Code of Execution and Bankruptcy; Banking Law, and so forth.
Soru 2
Which one of the followings can be pointed out among six books that compose of the the Turkish Commercial Code?
Seçenekler
A
Maritime Law
B
Civil Law
C
Penal Code
D
Criminal Law
E
Immigration Law
Açıklama:
Turkish Commercial Law provides set of rules by which commercial, financial and capital markets are bound up. The new Turkish Commercial Code which came into effect in 2012 aims to provide a modern and contemporary legal environment for the commercial life in Turkey.
Turkish Commercial Law is composed of six books each of which regulate specific areas in the law :
Turkish Commercial Law is composed of six books each of 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
Soru 3
Which one of the followings can be pointed out as an organ that every joint stock corporation in Turkey must have by law?
Seçenekler
A
Quality Department
B
Statutory Auditors
C
Logistic Department
D
Manufacturing Department
E
Financial Board of Members
Açıklama:
In Turkey, every joint stock corporation must have three organs to functions. These organs can be defined as follows:
- Shareholders General Assembly
- Board of Directors
- Statutory Auditors
- Shareholders General Assembly
- Board of Directors
- Statutory Auditors
Soru 4
Which one of the followings can be signified as an indispensable part of definition of the "competition"?
Seçenekler
A
Free economic decisions
B
Unlimited Freedom for Monopol Companies
C
State's Unlimited Interruption to the Market
D
Completely Unregulated Market
E
No Attention to the Fairness
Açıklama:
Competition is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services. Put it differently, competition is a form of contest or play, implying that in the playground, for example in the market, for all the players, in other words for the competitors, and the stakeholders, the play should be competitive and fair. To ensure fairness, the state can interrupt to the market, or for the welfare of the society, the state can interrupt to the market relation to a certain extent to ensure the free market regulations' operations and fair competition between parties. But this does not mean that the state can hold a power for unlimited interruption to the market. In this regard, competition does not mean completely unregulated market relation either. But, within the secure atmosphere provided by the administrative authority, for example by the state authorities, free economic decisions are guaranteed to parties, or players, who are willing to compete in the market, which emphasizes what we call as a fair competition, or generally "competition" in the market.
Soru 5
Which one of the followings can be pointed out as a form of unfair competition according to the Article 55?
Seçenekler
A
Sale methods inspired from other companies' product sales
B
Advertisement methods inspired from other companies' product sales
C
Utilization of others' marketing methods such as advertising in free market
D
Inducement breach or termination of contract
E
Excessive advertising without violating any other's right to advertise and sale methods
Açıklama:
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.
Soru 6
Which one of the types of legal action in the article 56 is taken when damages are recoverable only if there is a fault on the part of the person who has committed unfair competition subject to the general rules on tort?
Seçenekler
A
Liability of employers and entities
B
Action for declaratory relief
C
Action for damages
D
Publication of judgedement
E
Termination (Injunction)
Açıklama:
The type of action for damage is taken when damages are recoverable only if there is fault on the part of the person who has committed unfair competition subject to the general rules on tort. Damages may be material and, in exceptional cases, immaterial. Accordingly there must be damage or loss of profits suffered by the plaintiff and an adequate relation of causality between the act and damages (or loss) and in any case the plaintiff claiming compensation has to prove damages.
Soru 7
Which one of the followings is the first legislation in Turkey on the protection of competition and regulates anti-competitive behavior of enterprises?
Seçenekler
A
Copyright Law No: 5846
B
Civil Procedural Law Article 389
C
Law No: 6015 on the Surveillance and Supervision of State Aids
D
Law No: 3577 on the Elimination of Unfair Competition in Imports
E
Law No: 4054 on the Protection of Competition
Açıklama:
Law No: 4054 on the Protection of Competition (Competition Law) adopted by the Turkish Parliament on December 7, 1994 is the first legislation in Turkey on the protection of competition and regulates anti-competitive behavior of enterprises. The very first and direct concern of competition is not to protect the consumer directly like consumer protection laws, but to maintain a workable competition in the markets and avoid those trade practices which restrict competition and thus avoid lessening consumer welfare.
Soru 8
Which one of the followings can be pointed out as a major area that the competition laws regulate?
Seçenekler
A
The prevention of abuse of dominant position
B
The control of maximum amount of value flow to a specific market area
C
The preventative actions that limit the commercial actions in import
D
The preventative actions that limit the commercial actions in export
E
The control of acquisitions that distort the process of advertisement
Açıklama:
Competition laws regulate three major areas that may distort competition in the market. These are as follows.
1. prevention of all kinds of agreements, and concerted practices between undertakings and anti-competitive decisions of associations of undertakings
2. the prevention of abuse of dominant position
3. the control mergers and acquisitions which may distort competition
1. prevention of all kinds of agreements, and concerted practices between undertakings and anti-competitive decisions of associations of undertakings
2. the prevention of abuse of dominant position
3. the control mergers and acquisitions which may distort competition
Soru 9
Which one of the following Articles sets forth the purpose of the Competition Law?
Seçenekler
A
Article 11
B
Article 5
C
Article 1
D
Article 2
E
Article 7
Açıklama:
The purpose of Competition Law is set forth in Article 2 and it says that "... to establish a system in the markets for goods and services by means of regulation, supervision and prevention of abuse of dominant position by undertakings and associations of undertakings and agreements, decisions and concerted practices which have as their object or effect the prevention, restriction or distortion of competition".
Soru 10
How many members does the competition board involve?
Seçenekler
A
Four Members
B
Five Members
C
Seven Members
D
Eleven Members
E
Fourteen Members
Açıklama:
The Competition Board is composed of seven members who will be appointed by the President from among candidates nominated from the organs stated in the Law. Two candidates to be nominated by the following institutions for each vacant membership:
• Three members by the Ministry of Customs and Trade
• One member by the Ministry of Development
• One member by Turkish Union of Chambers and Commodity Exchanges
• One member by the Supreme Court of Appeals
• One member by the Council of State
• Three members by the Ministry of Customs and Trade
• One member by the Ministry of Development
• One member by Turkish Union of Chambers and Commodity Exchanges
• One member by the Supreme Court of Appeals
• One member by the Council of State
Soru 11
The new Turkish Commercial Code (TCC) regulates the following specific areas, except ....
Which of the following options correctly completes the sentence above?
Which of the following options correctly completes the sentence above?
Seçenekler
A
Valuable papers
B
Transport operations
C
International public air law
D
Maritime law
E
Insurance law
Açıklama:
"TCC is composed of six books each of 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 "
Soru 12
Which of the following is not among the significant issues that the Turkish Commercial Code (TCC) has newly introduced in 2012?
Seçenekler
A
Creation of web sites
B
Information society services
C
One-man joint stock company
D
Single member limited liability company
E
Unfair competition in business
Açıklama:
"The new TCC has introduced significant new issues to commercial business such as corporate governance regarding good management and internal and independent audit that are to be applied to all capital stock companies; creation of web sites, information society services and access rights of information; and single share holder (one-man) joint stock company and single member limited liability company."
Soru 13
"Commercial Enterprise" is defined in Article 11/1 of the TCC. Given this definition, which of the following is not a necessary condition for a company to be considered a "commercial enterprise"?
Seçenekler
A
Creating added value to the economic life
B
Generating income above a certain treshold
C
Generating income above the level of a craftsman enterprise
D
Continuity
E
Independence
Açıklama:
"Commercial Enterprise is defined in Article 11/1 of the TCC. Pursuant to the definition, the following are the key elements that should be sought for a commercial enterprise: i) The will/purpose of the enterprise to generate income above a certain treshold (above the level of a craftsman enterprise) ii) Continuity iii) Independence".
Soru 14
It is also possible for the shareholders to seperately sign and execute an agreement between themselves that is named a (an) ---
Which of the following options correctly completes the sentence above?
Which of the following options correctly completes the sentence above?
Seçenekler
A
Shareholders Agreement
B
Articles of Association
C
Commercial Enterprise
D
Commercial Norm
E
Limited Liability Agreement
Açıklama:
"it is also possible for the shareholders to seperately sign and execute another agreement between themselves named a ‘Shareholders Agreement’."
Soru 15
According to the regulations of the Turkish Commercial Code, which of the following exemplifies a non-corporate company?
Seçenekler
A
Joint Stock Company
B
Limited Liability Company
C
Cooperative Company
D
Commandite Company
E
Cooperatives
Açıklama:
"The types of companies listed in the TCC may be grouped as corporate and noncorporate forms of companies. a. Corporate forms of companies • Joint Stock Company • Limited Liability Company • Cooperative Company (Cooperatives) b. Non-corporate forms of companies • Collective Company • Commandite Company".
Soru 16
Which of the following is one of the two company types mostly preferred in Turkey?
Seçenekler
A
Cooperative Company
B
Cooperatives
C
Collective Company
D
Commandite Company
E
Limited Liability Company
Açıklama:
"...the types joint stock corporation and limited liability company are the most common types preferred in business life in Turkey."
Soru 17
According to the Turkish Commercial Code, how many people or legal entities maximum can create (form) a limited liability company?
Seçenekler
A
2
B
50
C
100
D
200
E
500
Açıklama:
"A limited liability company is formed by two or maximum fifty individuals or legal entities..."
Soru 18
Which of the following is the decision making organ of a joint stock company?
Seçenekler
A
Board of Directors
B
Board of Auditors
C
Statutory Auditors
D
Shareholders General Assembly
E
Public accountants
Açıklama:
"Shareholders General Assembly : General Assembly is the decision making organ of a joint stock company..."
Soru 19
In Turkey, unfair competition in trade relations is mainly regulated by the ...
Which of the following options correctly completes the sentence above?
Which of the following options correctly completes the sentence above?
Seçenekler
A
Turkish Constitution
B
Turkish Commercial Code
C
Turkish Code of Obligations
D
Intellectual and industrial property laws
E
Consumer protection law
Açıklama:
"Unfair competition in trade relations is mainly regulated in the TCC".
Soru 20
"if certain goods are put on the market with trademarks causing confusion with the original trademark, it is possible to request from the Court that these marks be removed from the goods or, if these trademarks cannot be removed, to request to keep the goods completely off the market and/or to destroy them."
This action by the plaintiff best exemplifies which of the following types of legal actions that might be brought before the court in cases of unfair competition?
This action by the plaintiff best exemplifies which of the following types of legal actions that might be brought before the court in cases of unfair competition?
Seçenekler
A
Action for restitution of the unlawful situation
B
Publication of the Judgement
C
Action for damages
D
Termination (Injunction)
E
Action for declaratory relief
Açıklama:
"iii. Action for restitution of the unlawful situation: The plaintiff may request from the court to order on the restitution of the position held prior to the act of unfair competition. For example, if certain goods are put on the market with trademarks causing confusion with the original trademark, it is possible to request from the Court that these marks be removed from the goods or, if these trademarks cannot be removed, to request to keep the goods completely off the market and/or to destroy them."