Introduction to Law

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Damages can be recovered only if there is a fault.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The court must have jurisdiction with respect to branch of judiciary. Therefore, the correct option is E.

Yanıt Açıklaması: It was removed from the code in 1999.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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”.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Law of obligations is regulated in the Code of Obligations, not in the Civil Code.

Yanıt Açıklaması: 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.