Introduction to Law

Yanıt Açıklaması: 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).

Yanıt Açıklaması: Preventing undesired physical interference through crimes is of private interest whereas the others listed are of public interest. Therefore, the correct option is B.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The persons of limited capacity are the persons who married and to whom a quasi guardian is appointed. The correct answer is A.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Prosecutor is the representative of the state in a court. Therefore, the correct option is B.

Yanıt Açıklaması: Adultery is no longer a crime in Turkey since 1999.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Rendering goods and services for the commercial enterprise; making a lease agreement, concluding contracts with employees in a commercial enterprise, engaging with a maintantainance company for the work premises, signing a power of attorney for the representation of the commercial enterprise are  examples of commercial business.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Article 1 of the TCC sets forth the scope of the Law and states that the provisions set forth in the TCC are commercial norms. Provisions in other legislation can also be considered as a commercial norm if they are related to transactions or acts of a commercial enterprise.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: An attorney is the representative of a person. Therefore, the correct option is C.

Yanıt Açıklaması: The new Turkish Commercial Code adopted in 2012 consists of six books, i.e. Commercial Enterprise, Commercial Entities, Valuable Papers, Transport Operations, Maritime Law, and Insurance Law. The TCC does not include a book on the Civil Law. The correct answer is D.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The Competition Law defines an undertaking as "any natural or legal person who produces, markets or sells goods or services and who forms an economic entity and is capable of acting independently in the market”. The correct answer is C.

Yanıt Açıklaması: First 4 choices are about public interest; and Offenses through crimes such as indecent  exposure, indecency in public, solicitation is about private interest.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: All given informations are take place in the functions of criminal law.