Introduction to Law

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The given definition belongs to the negligence.

Yanıt Açıklaması: The blank must be filled with council of state. Because the given definition belongs to council of state.

Yanıt Açıklaması: 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

Yanıt Açıklaması: 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).

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Legal Rules, Legal Judgment, and Facts are parts of judicial syllogism. Therefore, the correct answer is D.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Unfair competition is described in this question. The correct answer is C.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Article 167 of the Constitution specifically regulates competition law related duties of the State. Therefore, the correct option is D.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The conditions for exemption are stated in Article 5. There are two negative and two positive conditions to be satisfied for an agreement to be exempted from the application of Article 4. For an agreement to be exempted, it should: i. contribute to improving the production or distribution of goods and providing services or promoting technical or economic progress and ii. allow consumers a fair share of the resulting benefit, and, iii. should not eliminate competition in a substantial part of the relevant market and iv. should not induce a restraint on competition that is more than is essential for the attainment of the positive conditions stated above.

Yanıt Açıklaması: Statute of Limitations in Unfair Competition Cases: In unfair competition cases, the claimant must bring a cause of action within three years from the date of the existence of the right and one year from the date when he/she becomes aware of the damages. In cases of criminal offences arising out of unfair competition, statute of limitation is five years, thus action is barred after 5 years. Therefore, the correct option is D.

Yanıt Açıklaması: Publication of the Judgement: The Court may also decide, upon the request if the plaintiff whose request has been upheld and, at the expense of the defendant, to publish the judgement once it becomes final. The judge determines the form. The plaintiff has the right to request from the court to publish the judgement at the expense of the defendant, irrespective of the existence of fault. Therefore, the correctoption is E.

Yanıt Açıklaması: 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.