Introduction to Law

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. 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).

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The principle of minimal intervention foresees that law should not criminalize too much behaviour. Therefore, the correct option is C.

Yanıt Açıklaması: "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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Turkish Commercial Law s composed of six books each of which regulate specific areas in the law. Therefore, the correct option is A.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Fault is either a willful act or a negligent act.

Yanıt Açıklaması: Military courts are not civil courts. Therefore, the correct option is E.

Yanıt Açıklaması: 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 relations.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.