Fundamentals of Law

Week: 2

Av. Çağlar ALTUN

Tel: 0 532 781 82 18
Mail: ancyra-law@yandex.com
Web: www.ancyralaw.com

01/09/2022 THKU 1/55

 Legal Rules and Their Characteristics

 These are the rules of conduct the violation of which

calls for appropriate state action against the violators.

 The measures taken by the State to make persons

comply with legal norms are called sanctions.

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 Legal Rules and Their Characteristics

 The sanctions may be;

- Criminal(punishment),
- Civil(e.g. compensation)
- Administrative-misdemeanors(e.g. Revocation of
license)

 A person who violates moral or religious rules may be

convicted by his own conscience or condemned by
others but not by the state.
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 Legal Rules and Their Characteristics

 Punishment is any fine or confinement(imprisonment)

inflicted on a person for a crime(offense) committed by
him/her or for his/her failure to perform a duty
prescribed by law.

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 Legal Rules and Their Characteristics

 Another type of sanction is monetary compensation for

injuries. If a person inflicts damage(material or
immaterial) upon another person, or his/her property,
he/she is legally liable and will have to rectify his/her
wrongful act by paying an amount of money
determined by the court.

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 Legal Rules and Their Characteristics

 The act of making a court decision effective by

compelling the defendant to pay, or to do what court
has ordered, is called execution.
 Law divides legal wrongs into two categories, namely,
criminal wrongs and civil wrongs.
 Criminal cases are dealt with in criminal courts and civil
cases in civil courts.

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 Application of Legal Rules

 When deciding a case, the judge must ascertain which

legal rules are applicable to that case.

 When there is no written provision applicable, the judge

will decide according to existing customary law. If there
is no customary rule applicable, he must decide
according to the rules which he would lay down if he
had to act as a legislator.
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 Application of Legal Rules

 Determining the applicable legal rules is one of the most

important aspects of the process of resolving a legal
controversy.
 No less important is determining the relevant facts and
eliminating the irrelevant ones.
 After establishing the facts, the court applies the
relevant provisions of law. The outcome of this process
is the decision (judgment)
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 Application of Legal Rules

 A court decision is expected to be based on reasoning

that discusses arguments and counter-arguments made
by the parties

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 Thanks……

Av. Çağlar ALTUN

Tel: 0 532 781 82 18
Mail: ancyra-law@yandex.com
Web: www.ancyralaw.com

01/09/2022 THKU 10/55