Introduction to Law

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Legal positivists take their view of law from positive science. Law is studied on an objective and empirical basis. The question is not what law ought to be, but rather what actually law is. Only laws on the statute books and other written forms can be considered as law since they have an empirical form. Consequently, according to this view, the function of a judge is mechanical: it is simply to apply the objective (enacted law). In contrast, the natural law view has a moral (or “natural justice”) dimension, in that it seeks to define law not simply as it is (i.e. in its empirical form) but also how it ought to be, that is, in line with “morally” correct or just behaviour. The correct answer is C.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Resistance to law may be moral, but cannot be legal. It is about the relation between morality and law. The correct answer is E.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The answer is Roman law. Because Civil law tradition influenced by Roman law.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The definition given belongs to interpretation.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Interpretatio cessat in claris: Interpretation stops when a text is clear. This legal maxim needs to be complemented by additional rules.

Yanıt Açıklaması: To interpret and To fill the gap  are not solutions for the given problem.One of the conflicting norms could be altered and An exception could be added  are applicable only by the parliement.

Yanıt Açıklaması: II and III true.I is false. Because The Court consists of judges from the member states of the convention, not the Union.

Yanıt Açıklaması: Compensation is the right answer. Because in civil law, statutes usually regulate compensation sanctions.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: In Turkish Republic, there is no senate or congress, but Grand National Assembly. Therefore, the correct answer is C.