Introduction to Law

Yanıt Açıklaması: Under the ruling of the Constitution of 1921 the proclamation of the Turkish Republic took place on October 29, 1923.

Yanıt Açıklaması: Parts and themes of the Corpus could be listed as follows: Digesta: It collected all of the classical jurist’s writings on law and justice; The Code (Codex). It outlined the actual laws of the empire; The Institutes (Institutiones). It summarised the Digest and intended as a textbook for students of law; A fourth part, the Novella (Novellae) was made later to update the Code with new laws of Justinian.

Yanıt Açıklaması: The classical model of syllogism is based on the Aristotelian logic. Therefore, the correct answer is A.

Yanıt Açıklaması: The other most important argument types related to analogy are: • argumenta e contrario • argumenta a fortiori • argumenta a minore ad maius • argumenta a maiore ad minus. Therefore, the correct answer is D.

Yanıt Açıklaması: An authoritative list of universal human rights covering civil and political rigts and economic, social and cultural rigts  does the Intenational Bill of Human Rights provide.

Yanıt Açıklaması: Rule of law, one of the fundamental principles of the administrative law, refers to "the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government". The correct answer is A.

Yanıt Açıklaması: Judicial syllogism serves four main functions: rationality, certainty, justification, and guidance. The syllogism provides the courts with an ideal mechanism for justifying what they do. To the party losing a case, it shows in a most objective and straightforward way that the judgment has been given in conformity with the law and is nothing other than a straightforward deduction from the principles of this law. The correct answer is C.

Yanıt Açıklaması: A function of The Human Rights Committee is to protect individuals from human rights violations made by party states. Under these circumstances, to expect individuals to get permission from their state to apply the committee, could be meaningless. Because individual is going to complaint about the state. It’s obvious that state won’t allow it.

Yanıt Açıklaması: Principles of priority are generally recognized: 1. The principle of posteriority: “lex posterior derogat legi priori”. 2. The principle of speciality: “lex specialis derogat legi generali”. 3. The principle of superiority: “lex superior derogat legi inferiori”.

Yanıt Açıklaması: There are many significant functions of law, such as: Preserving order Achieving justice Protecting rights Imposing duties Establishing a framework for the conducts Promoting freedom Upholding the rule of law Protecting security Resolving disputes Promoting the development of a society is not one of the main functions but indirect effects of law. The correct answer is D.

Yanıt Açıklaması: In the common law tradition, textual interpretation is covered by the term “literal rule”, which requires if the words used in the statute are plain and unambiguous, they should be given their ordinary signification. The ordinary meaning of a word refers to its plain and popular sense. In case a statute contains a legal term of art, the court should give it its technical meaning, but not the ordinary meaning, unless there is something in the context to displace the presumption that it was intended to carry its technical meaning. Thus, in this example, the legal meaning of a term supersedes its ordinary meaning. However, the Court arrives at this decision through a textual interpretation process. The correct answer is D.

Yanıt Açıklaması: Human rights are by nature universal rights, which are equal, inalienable, indivisible, interdependent and inherent to human being. Human rights are applied equally and with no discrimination (universality and equality), no one can have his/her human rights taken away without any justification (inalienability), and all human rights have equal importance (interdependence). The correct answer is E.

Yanıt Açıklaması: Criminal offences, indeed, in most cases deserve the harshest sanctions that exist ina legal system. Punishment is a formal condemnationof the offender, who has committed a crime. A crime is a wrongful and culpable act defined in the penal codes of a legal system. Grave offences like intentional killing shall be punished by life imprisonment, or in some countries by the death penalty.

Yanıt Açıklaması: The sculptures of lady justice, the goddess Themis (meaning order). Her eyes are oftentimesblindfolded. Indeed, the three features of the traditional lady justice sculptures are scales, blindfold, and sword: The scales stand for the principle that justice requires weighing the claims of each side. The Sword represents the enforcement measures in law. It means Themis stands ready to force bothparties to comply with her decision. The blindfold represents that decisions aremade impartially, and it also means that decisions are not influenced by wealth, politics or popularity, etc.

Yanıt Açıklaması: Natural Law consists of a set of universal and unchanging moral principles accordance with nature. According to Positive Law theory, law is nothing than a collection of valid rules, commands, or norms. According to others, law is a vehicle to protect the individual rights, to attain justice or economic, political or gender equality. According to a dictionary law is the whole system of rules that everyone in a country or society must obey. According to Marxist theory, law cannot be a neutral body of rules which guarantees liberty and legality.

Yanıt Açıklaması: Unlike the civil law tradition, law of England, home of the common law, was not influenced by the reception of Roman law. Development of this tradition was led by the judges, who were the creator of the case law. In Turkish Republic, France and Belgium civil law is in force whereas in Iran sheriat laws are in force. Therefore, the correct answer is A.

Yanıt Açıklaması: The Individual Application has been introduced into Turkish legal system in 2010.

Yanıt Açıklaması: Protocol No 17, adds new fundamental rights such as “right to property”, “right to education” and “right to free elections” to those protected in the European Convention on Human Rights. Protocol No 48, secures certain rights and freedoms other than those already in the Convention such as “prohibition of imprisonment for debt”, “freedom of movement”, “prohibition of expulsion of nationals”. Protocol No 69, regards the abolition of the death penalty. Protocol No 710, extends the list of rights protected under the Convention and its Protocols in -the right to compensation in the event of a miscarriage of justice. Protocol No 1212 deals with the general prohibition of discrimination stating that “ (t)he enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”

Yanıt Açıklaması: The phrase common law has a different variety of meanings. The term originally meant the law that was common to the whole of England. Common law is also a synonym for case law meaning the law that is not the result of legislation, that is, the law created by the decisions of the judges. The correct answer is A.

Yanıt Açıklaması: Responsibility of the Sultan was not articulated in the Kanuni Esasi, accordingly, Sultan was predominant as regards to powers.