Introduction to Law

Yanıt Açıklaması: Punishment comes up when the criminal proceeding is completed and the sentence is given. So first of all, a crime should be committed. Punishing people who are about to commit a crime is not one of the objektives of Criminal law. The correct answer is B.

Yanıt Açıklaması: An unappealable decision made in order to resume an action is an interlocutory decision. Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again. Final decisions of the court are generally categorized into three categories, which are (1) procedural final decisions (or dismissal of the action on procedural grounds), (2) the judgment (hüküm) (ruling on the merits), (3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment). Judgments resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on the matter.

Yanıt Açıklaması: All family courts must employ a full time psychologist, a pedagogue and a social work specialist to assist the court.

Yanıt Açıklaması: After the payment order is served, the debtor has 7 days to respond.

Yanıt Açıklaması: Negligence is punishable only when the statute specifically includes liability fornegligence. According to Article 22 of the TPC, negligence is the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence. The act defined in the question refers to recklessness of the perpetrator. Thus, the conduct is a crime due to negligence. The correct answer is B.

Yanıt Açıklaması: TCC provides an exhaustive list of type of companies. The types of companies listed in the TCC may be grouped as corporate and non-corporate forms of companies. a. Corporate forms of companies • Joint Stock Company • Limited Liability Company • Cooperative Company (Cooperatives) b. Non-corporate forms of companies • Collective Company • Commandite Company Joint venture is not a form of company, but a business or project in which two or more companies or individuals have invested, with the intention of working together.

Yanıt Açıklaması: The common law is casuistic: componentsof the legal body are cases, rather than abstract norms. It is, therefore, no surprise that legal education in the common law jurisdictions based on “reading cases”.

Yanıt Açıklaması: The person defined above is the governor.

Yanıt Açıklaması: If the perpetrator who is under the thumb of involuntary consumption of alcohol or drugs at the time of committing a crime, is assumed that he/she is unable to comprehend the legal meaning and consequences of the act or perpetrator’s ability to control his/her behaviour regarding such act was significant diminished, shall not be subject to a penalty. Under the TPC, only involuntary intoxication may, under certain circumstances as aforementioned, preclude the perpetrator’s criminal responsibility. The correct answer is C.

Yanıt Açıklaması: A contract is a legal transaction concluded by a mutual exchange of assents of two or more persons. Therefore, for the formation of a contract there is a need for two mutually declared intentions - offer and acceptance. An offer is a declaration of intention by one party, known as the offeror, whereby he expresses his willingness to enter into a contract. An offer, until it is terminated, gives the offeree a continuing power to create a contract by declaring an acceptance. An acceptance is a declaration of intention to agree to the terms of the offer. If all its elements are complete, a contract takes effect at the moment it is concluded. The offeror does not have to set a time limit. If no time limit is set, then the Code of Obligations makes a distinction between the parties who are present and who are absent. Where an offer is made in the offeree’s presence and no time limit for acceptance is set, it is no longer binding on the offeror unless the offeree accepts it immediately. Offers declared by telephone, computer or other communication tools, on the condition that the parties understand and respond simultaneously, are considered to be made in the offeree’s presence. Thus, physical presence is not required for a contractual offer. The correct answer is C.

Yanıt Açıklaması: Law No. 4054 on the Protection of Competition (Competition Law) adopted by the Turkish Parliament on December 7, 1994 is the first legislation in Turkey on the protection of competition, and regulates anti-competitive behavior of enterprises. The very first and direct concern of competition is not to protect the consumer directly like consumer protection laws, but to maintain a workable competition in the markets and avoid those trade practices which restrict competition and thus avoid lessening consumer welfare. The correct answer is E.

Yanıt Açıklaması: The concepts given in the first four options are primary sources of law. Quran is divine revelation that contains basic, and at times, detailed rules of law. Sunnah is the tradition of the Prophet comprised of his sayings, practices, and tacit approvals. Ijma is the unanimous decision of the Muslim scholars. Qiyas or analogy refers to the comparison of a case not covered by the text with a case covered by the text on account of their common value in order to apply the law of the one to the other. Masalih al-Mursalah, which refers to the consideration of public interest, is one of the secondary sources of the Islamic law. the correct answer is E.

Yanıt Açıklaması: The parties (shareholders/partners) establishing a company enter into a contract titled “Articles of Association (AoA)”. Articles of Association of a company must be in a written form and should bear the signatures of all the shareholders, authenticated by notary public. AoA specifies detailed information about the company, including headquarters and corporate title, objectives, capital, number of shares and terms of payment, special privileges, and rules of general assembly meetings. The correct answer is A.

Yanıt Açıklaması: Legal persons are mainly regulated in the Civil Code. Apart from these general natured provisions, two of the legal persons are also regulated, namely associations (societies) and foundations. So associations (societies) are regulated in the Civil Code. The correct answer is B.

Yanıt Açıklaması: The General Assembly of the United Nations adopted the Universal Declaration of Human Rights on December 10th, 1948. Therefore, the correct answer is B.

Yanıt Açıklaması: According to Turkish Code of Obligations, there are three sources of obligations. These are: 1. Contracts 2. Torts 3. Unjust Enrichment It should be mentioned that these sources are not limited in number. These are the sources that very frequently create an obligation, but besides them, there are other sources as well. For example, an obligation may be created directly from the law itself.

Yanıt Açıklaması: An arbitration agreement is a contract in which the parties agree on the resolution of a part of or all present or possible future disputes arising from a contractual or noncontractual legal relationship by an arbitrator or an arbitral tribunal (art. 412). Arbitration agreement may be made as a clause of a contract between the parties or as a stand-alone contract.

Yanıt Açıklaması: Subject-matter jurisdiction of court is about the given sentence. Rules of subject-matter jurisdiction are the rules to follow in determining the proper court at a particular venue and determine the type of the court.

Yanıt Açıklaması: Even though the number of parties is set to two in any action, each party may be comprised of multiple persons. This joinder may result from either procedural or substantive reasons. According to article 57 of the CoCP, multiple persons may jointly file an action or an action may be filed jointly against multiple persons if the right or the obligation that is the subject matter of the action between the plaintiffs or defendants is shared upon a reason other than joint ownership. This is known as the joinder of parties. The correct answer is B.

Yanıt Açıklaması: A company is a business association formed by two or more parties who bring together their labor and/or capital to achieve common purposes of making profit and sharing profit. The parties (shareholders/partners) establishing the company enter into a contract titled “Articles of Association (AoA)”.