1) In what order shall the judge apply the following, according to the Turkish Civil Code? 1. Deciding in accordance with the customary law II. Laying down a rule as he were legislator III. Ascertaining written legal rules applicable III-II-I I-III-II II- I-III III-I-II II- III- I 2) What is the act of thought by which from two given premises is reached a third premise? Argumentum a contrario Syllogism Analogy Direct reference Indirect reference 3) Which of the following regarding application of legal rules is incorrect? In argumentum a contrario an argument is derived from the opposite meaning. Analogy is especially applicable in criminal law. In order to resolve a legal controversy, one of the first things to do is to determine the applicable legal rules. All legal cases are evidentially based on certain facts for which evidence must be brought. The final step of applying legal rules is the judgment by the court. 4) In criminal cases who is under the burden of proof to prove that the accused is guilty? The victim The plaintiff The judge himself The Prosecutor Both parties are under the burden of proof

Question

1) In what order shall the judge apply the following, according to the Turkish Civil Code? 1. Deciding in accordance with the customary law II. Laying down a rule as he were legislator III. Ascertaining written legal rules applicable III-II-I I-III-II II- I-III III-I-II II- III- I 2) What is the act of thought by which from two given premises is reached a third premise? Argumentum a contrario Syllogism Analogy Direct reference Indirect reference 3) Which of the following regarding application of legal rules is incorrect? In argumentum a contrario an argument is derived from the opposite meaning. Analogy is especially applicable in criminal law. In order to resolve a legal controversy, one of the first things to do is to determine the applicable legal rules. All legal cases are evidentially based on certain facts for which evidence must be brought. The final step of applying legal rules is the judgment by the court. 4) In criminal cases who is under the burden of proof to prove that the accused is guilty? The victim The plaintiff The judge himself The Prosecutor Both parties are under the burden of proof

Answer 1

1) According to the Turkish Civil Code, the judge should apply the following in the following order:II - III - IThis means that the judge should first lay down a rule as if they were a legislator (II), then ascertain written legal rules that are applicable (III), and finally decide in accordance with customary law (I).2) The act of thought by which from two given premises a third premise is reached is called a syllogism.3) The incorrect statement regarding the application of legal rules is: "In argumentum a contrario an argument is derived from the opposite meaning."4) In criminal cases, the burden of proof to prove that the accused is guilty lies with the Prosecutor.

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