Negligence : Breach of duty of care which results in loss or injury to the person or entity the duty is owed.

Negligence
usually includes doing something that an ordinary, reasonable, and prudent person would not do, or not doing
something such a person would do considering the circumstances, situation, and the knowledge of parties involved.
In civil liability, an aggrieved person or entity is entitled to claim damages in a court. In criminal liability, it is usually
an unacceptable defense to claim that one was doing one's best to avoid injury or loss if his or
her conduct or performance falls below the expected or required level.

intention: The intention of the testator, to be collected from the whole will, is to govern, provided it be not unlawful or inconsistent with the rules of
law. Intention, when used with reference to the construction of wills and other documents, means the sense and meaning of it, as gathered from
the words used therein. Parol evidence is not ordinarily admissible to explain this. When used with reference to civil and criminal responsibility, a
person who contemplates any result, as not unlikely to follow from a deliberate act of his own, may be said to intend that result, whether he desire it
or not.
offence: crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with
crime. In a more confined sense, it may be considered as having the same meaning with misdemeanor, but it differs from it in this, that it is not
indictable, but punishable summarily by the forfeiture of a penalty.
Homocide: To begin with, not all homicides are crimes. Homicides include all killings of humans. Many homicides, such as murder and
manslaughter, violate criminal laws. Others, such as a killing committed in justified self-defense, are not criminal. Illegal killings range from
manslaughter to murder, with multiple degrees of each representing the gravity of the crime.
Suicide killing of self.
Suicide is defined as the intentional taking of one's own life. Prior to the late nineteenth century, suicide was legally defined as a crimin
alact in most Western countries. In the social climate of the early 2000s, however, suicidal behavior is most commonly regarded
Genocide: Genocide, a term used to describe violence against members of a national, ethnical, racial or religious group with the intent
to destroy the entire group, came into general usage only after World War II, when the full extent of the atrocities committed by the
Nazi regime against the Jews of Europe during that conflict became known. In 1948, the United Nations declared genocide to be an
international crime; the term would later be applied to the horrific acts of violence committed during conflicts in the former Yugoslavia
and in the African country of Rwanda in the 1990s. An international treaty signed by some 120 countries in 1998 established the
International Criminal Court , which has jurisdiction to prosecute crimes of genocide.
Accused: A person to whom a formal information containing an allegation of a criminal offence has been delivered, or a person arrested
for a criminal offence.
Guilty : A person found guilty of a criminal charge, either as a result of an acknowledgment of it by pleading guilty, or as a result of a
trial at which the accused was found guilty of the offence changed.
Judiciary: The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides
a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law
or enforce law, but rather interprets law and applies it to the facts of each case. This branch of the state is often tasked with
ensuring equal justice under law. It usually consists of a court of final appeal, together with lower courts.
Census: Census includes the total process of collecting, compiling, analyzing, evaluating, publishing and disseminating statistical data
regarding the population and housing and their geographical location. Population characteristics include demographic, social and
economic data and are provided as of a particular date
Null and void: Something redundant, or that has no value, or effect, commonly used in the legal sense.
Ab initio: Latin: from the start; from the beginning.
Bribery: The act of taking or receiving something with the intention of influencing the recipient in some
way favorable to the party providing the bribe. Bribery is typically considered illegal and can be punishable by jail
time or stiff fines if authorities find out about the bribe. (taking illegally Money or another benefit)
Treason: In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation.[1] Historically,
treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his
servant. Treason against the king was known as high treason and treason against a lesser superior was petty treason. A person who
commits treason is known in law as a traitor. ( crime againts state)
Felony: In the US legal system, a crime (such as arson, assault, burglary, kidnapping, murder, rape, robbery, theft)
that is more serious than misdemeanor and is punishable by imprisonment with hard labor, or death. In the UK legal
system, all distinctions between misdemeanor and felony were abolished, and all indictable offenses are regulated by
the same rules. (serious crime)
To file a case/ File a lawsuit/ Bring a lawsuit: means to claim a right suing a person or an agency before a court. In case you have
subjected to an unfair treatment the court shall intervene and deliver your right after they tried the case.
Pleadings: Formal statements served by each party to a lawsuit to one another, and containing their respective positions.The pleading of the party
initiating the litigation process is called a complaint or petition, the defendant's pleading is called an answer. Pleadings only contain facts material to
the party's claim or defense, and not the means of proving those facts. Their purpose is to define the issues, and narrow them down to the essentials.
PreJudicial: Prejudice is remarkably similar to its Latin root in form and meaning; the Latin praejudicium means "judgment in advance." A racial
prejudice is a negative attitude towards a group of people based on race not on direct knowledge or experience. If you prejudice someone, you
cause them to have a negative attitude towards someone else. Lawyers are not allowed to bring certain types of evidence such as rumors into a trial
because it might prejudice the jury. Biased What happens in a case when judge is prejudicial? Injustice
To harras: Harass is defined as to torment or irritate. An example of harass is a woman calling a man twenty times a day after he's asked her not to.
Liable: Legally responsibble. Subject to legal action, or obligated by law to make compensation, restitution, or satisfaction.
Malicious: bad mind
Bona fidea: good mind
Jurisprudence:The philosophy or science of law also used for branches Medical Jurisprudence
Plaintiff: the one who bring a lawsuit
Defendant: a person or company in acase on defence position.
Vindicate: freed from any question of guilt
Accused: the one who charged
Appeal: In civil practice. The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision
the court above is called upon to correct or reverse. The removal of a cause from a court of inferior to one of superior jurisdiction, for the purpose of
obtaining a review and retrial.
Amend law: change the law
Enforce law: applying the law
Enact law : making anew law
What is law?
It is system of rules regulation relations among its subjects:individual
componies, states. they are rules for society, social life, economic life,
working life and so on.

Law is everywhere, as we know ever since people began to live together

in society laws. for instance; our job, our life, our relationship all of them
are under the control of laws.

Law doesn't only involve with people but with other subjects.
Permissive (istee bal): "civil law". Individuals may choose to perform or
not to perform certain acts. For example, one may or may not enter into a
contract, one may or may not dispose of one's estate by will.

Prohibitory(yasaklayc): "prohibits wrong, criminal law"

Mandatory (zorunlu): certain acts must be done or be done in a prescribed

way, i.e. taxes must be paid, traffic must keep to the right.

Legal Sanctions(hukuksal yaptrmlar): To enforce the decisions of the courts.

"Punishment"

Justice(adalet): fair, equitable, and impartial treatment of competing interests

with regard for the common good. Law is no guarantee of justice.

natural law: begins with the premise that all of our rights come
from nature and are inherent to our being
 positive law: believes that our rights are granted by the
government society or other men and therefore can be taken back
by them as well.

Law divided into 2 categories :

written(continental) - unwritten(common):

Written anything means it's written down and signed. rules

determiden by the constitution. written law is part of the legal
justice system and records are present for each law and action can
be taken against those who break the law.

Unwritten means that it's not written down and not signed. it is
consist of customs and traditions. unwritten laws are those which
do not have any legal existence and the laws may not entirely be
just and they do not have any criteria.

Sources of Law:
Federal:
1. Federal Constitution.
2. Federal Treaties.
3. Statutes.
4. Executive orders.
5. Administrative agencies rules and regs of fed administrative agencies
6. Courts decisions.

State:
1. State Constitution.
2. Interstate compacts.
3. Statutes.
4. Executive orders.
5. Administrative agencies. rules and regs of state administrative agencies.
6. Ordinances of local municipal governments.
 7. Courts decisions.

Functions of Law:
Maintain stability while permitting change: "We seek social remedies"

Protection protects owner's use of property and facilitates voluntary

agreements called contracts regarding exchanges of property and services.

Preservation. ensures that changes in leadership and the political structure are
brought about by the politicalactions such as elections, legislation.

History genesis of law:

1- the code of hammurabi : the first written codes is hammurabi. it was created
by the king of babylan empire(about 1760bc). it is a well-preserved setting out 282
laws, providing a fascinating insight into social life under his rule. it was criminal
law; crime and punishment. there was no excuses and no defense.

2- solan constitutions of athens (600bc): regarded by ancient greeks as one of

the geven wise men. salon's laws were extensive, including significant reforms to the
economy,politics, marriage and crime and punishment.

3-450 bc in rome 12 tablets= roman class - the privileged class - the the
patricians - the common people - the plebeions. these tablets were preparetion class
division betweenpatricions and plebions. a commission of ten men appointed in
about 455 bc to draft a code of law. roman law is very progressive.

4- classical jurists(lawyers): during the period of the so-called classical jurists,

between 100 bc and 300 ad, roman law achieved a condition of considerable
sophistication.

5- justinian (between 529 and 534): the 3 resulting books ; gorpus, juris, civilis.
4 parts; institues, digest, codex, nouella

6-1804 napoleanic codex: replace justinian's codification. it was exported by

colonization. it had a big influence an civil law in europe german law: the absolute
supremacy or predominance of regular law ias opposed to the influence of arbitrary
power. equality before the law or equal subjection at all classes to the ordinary law at
the land administered by the ordinary code. the law of the constitution is a
consequence of the rights of individuals as defined and enforced by the courts.

Branches of law
Public law governs the relationship between citizen and state,
while private law concerns that between individuals or groups
in society.

Public law;

1. Constitutional law
2. Administrative law
3. Criminal law

NOTE: Criminal law ;since it largely involves prosecutions by the state against offenders, belongs
also under theumbrella of public law.
Ceza verme yetkisi devlettedir ve ceza hukuku bu yzden kamu hukukudur.

Private law;

1. Familiy law
2. Company law
3. Law of torts
4. Commericial law

Some of branches which are related with with international relations

(nemine gre sralanmtr Criminal law ayr ve daha detayl olarak sonra ki sayfa da
en nemlisi criminal law)

Public international law(direk uluslar aras ilikilerle ilgili)

seeks to regulate the relations between sovereign states. These norms are generated by treaties
and international agreements (such as the Geneva Conventions), the United Nations, and other
international organizations,

Constitutional law (Anayasa hukuku)

Whether or not it is in written form, every country has a constitution that specifies the
composition and functions of the organs of government, and regulates the relationship
between individuals and the state.
Constitutional law analyses the extent to which the functions of government are
distributed between the legislative, executive, and judicial branches of government: the
seperation of powers.
And also it related with the rights which the citizens of state have; Such rights
typically include freedom of speech, the right of peaceful assembly, freedom of association,
the right of privacy,equality before and equal protection of law, the right to life, the right to
marry and found a family, freedom of movement

Administrative law
Governs the exercise of the powers and duties
by public offi cials.

Environmental law
is a patchwork of common law rules,legislation, and international agreements and conventions
whose chief concern is to protect the natural environment against the depredations of humans,
such as carbon emissions that cause pollution and probably global warming.

Company laws ;
Regulates the (there is corporate personaliteis it means tzel kiiler in turkish , companies
have seperate identy which independent from its members.
Familiy laws: relates to mariage,divorce,childeren,adoption and domestic violance

Criminal law
Branches of law icinde hocann derste stnde en ok durduu ksm

Criminal law is the body of law that relates to crime. It regulates social conduct and
proscribes whatever is threatening, harmful, or otherwise endangering to the
property, health, safety, and moral welfare of people

There is always presumption of innocence

When we talk about a crime?When a crime happens ?
It must to be very substantial harm to society and/or individual and/or property.

Mens Rea Criminal mind

Actus Reus: Criminal act

There is 3 types of crime

1. ntention + act :Most serious crime (they planned it did it and wanted to it)

2. Intention + no act: Its a crime as well if they planned but did not or could not do it.
Since there is criminal mind, but with lower punihment.

3. No intention + act : Negligence

Typically the criminal law punishes serious forms of antisocial
behaviour: murder, theft, rape, blackmail, robbery, assault, and battery.Most countries
proscribe conduct that generates insecurity, causes offence, and
harms the effi cient operation of the government, the economy, or
society in general.every system of criminal law requires evidence of
fault intention or negligence to convict a person of an offence.

Criminal liability thus has three basic components:

conduct,
without justification
without excuse.

To amount to a crime, conduct must infl ict or threaten substantial harm to individual or
public interests. In sum, therefore, criminal liability requires a person
to engage in conduct that infl icts or threatens substantial harm
to individual or public interests without justifi cation and without
excuse.

The criterion of harm will differ according to the social and

political values of each society, but all agree that conduct that
impairs the security of the community or hurts the physical
well-being or welfare of its members constitutes harm.
Criminal responsibility normally entails the presence of a guilty
act (the actus reus) as well as a guilty mind (mens rea).
Actus reus suu oluturan eylem
Mens rea - Niyet

f there is several defences to execuse, the accused can be ger out of condemnation.,

f i have a reasonable force to protect myself i am entitled to acomplet acquittal , vindication.

The defence should be proportional; using gun to the robber which have only his punches is
non-proportional if you used non-proportional force to the attacker you cant use self defence
execuse. And you cant say also , i suppose he was a robber ( making mistake ) no execuse, or
the incapacity of the attacker , for example if he is a child or a blindman you cant use the self
defence execuse.

In addition, society cannot tolerate attacks upon its own survival; treason, terrorism, and
public disorder are therefore generally criminalized. Nor is the criminal law confi ned to these
extreme assaults on the community; conduct that offends may
attract the attention of the law where the affront or nuisance is suffi cient: public nudity,
excessive noise or odours, and prostitution are examples of conduct that may cross the
threshold.

The common law requires that in order to convict the defendant

his guilt must be proved beyond reasonable doubt.

Murder in most countries requires proof of the intention to

kill (malice aforethought in the common law).
Law and morality
Being or doing good is notnecessarily synonymous with obeying the
law, even though thelaw, its ideas and its institutions, are often
informed by moral

values. The relationship between the law and the moral practices (or

positive morality) adopted by society may be represented by

two partially intersecting circles. Where they overlap we fi nd a

correspondence between the law and moral values for example,

murder is both morally and legally prohibited in all societies). acts

which

are legally wrong, but not necessarily immoral (for example,

exceeding your time on a parking meter) and, on the other,

conduct which is immoral, but not necessarily unlawful (such as

adultery). The greater the intersection, the more likely the law is

to be accepted and respected by members of that society

which immoral laws may nevertheless be regarded as law. For Fuller,

law has an internal morality a legal system is simply the bare exercise
of state coercion. This

inner morality of law consists of eight essential principles, failure

to comply with any one of them, or substantial failure in respect

of several, suggests that law does not exist in that society

 Must law be moral? Can anything count as law? A celebrated, if somewhat
inconclusive, debate between two leading legal philosophers sought to
establish the grounds, if any, upon which immoral laws may nevertheless be
regarded as law.

A right to life? Moral questions rarely admit of simple solutions. They frequently
polarize society. The abortion debate in the United States is a compelling examplE

Is euthanasia sinful ?
Euthanasia world definition means a good that in other world 'Katel el rahim''
in Arabic they use in egypt euthanasia dogs,cats... which are suffering pain
from disease . but most of societies using euthanasia on humankind opposed
because they think human life is sacred and there's also a question if there's
individual's ''right to die'' according to human rights declaration we all have
rights to live but the phrase right to die is more controversial issue. there's two
types of euthanasia active and passive . the active euthanasia is deliberately do
something that causes the patient to die. n other worlds its acceleration of a
persons life by a positive act, such as an injection of potassium chloride. Most
legal systems treat this as murder. the passive euthanasia means: stoping or
giving up the treatment which is non effective. for example a patient in
persistent vegetative state(PVS) since its sickness is incurable. people find this
action (passive euthanasia) as more humane. there were some cases about
euthanisia in UK and USA And we see that they have diffrent point of wievs.
since its become more complicated when law encounters thorny moral
questions of this kind suggest that they are not avaible to resolution by
slogans ''theright to die'' in this debates. ''AUTONOMY'' ''SELF-
DETERMINATION'' OR THE SANCTITY OF LIFE. but the law must devolep
careful,reflective answers that the best serve the public intereset The law in the
Netherlands sets out in fairly lucid terms the conditions that must be satisfied
before a doctor is permitted to end a patients life. Doctors involved in
voluntary euthanasia or suicide must: a. be convinced that the patients
request was voluntary, well-considered and lasting b. be convinced that the
patients suffering was unremitting and unbearable c. have informed the
patient of the situation and prospects d. have reached the conclusion with the
patient that there was no reasonable alternative e. have consulted at least one
other physician f. have carried out the procedure in a medically appropriate
fashion. As we can see in the Netherlands laws about euthanasia , the law
shouldbe inclusive and well considered to be acceptable on the wiev of society
Abortion should be illegal
(NOT MY VIEW )

:There has been and probably always will be many discussions aboutabortion.
People will always have different opinions of what is right and what is wrong.
Abortion is an issue that raises a lot of flags for many people. Here are 5
reasons why abortion should be illegal.

1.IT IS ENDING A LIFE:Some consider abortion to be murder since the being

inside the mother is living. The definition of something living includes the ability
to grow, which is exactly what is going on inside a woman who is pregnant. An
abortion ceases the growing process, therefore ending the future life of a
human being. This little being may not start off with a heartbeat or brain
activity, but cells are still dividing and allowing it to grow.

2.THE CHILD DOESNT HAVE A CHOICE:Children cant and dont ask to be

born, this is purely an option only adults have. Whether the woman chose to
get pregnantor not, pro-life individuals feel that abortion is taking the right to
live from a human being. This is a right that an embryo cannot defend.

3. ADOPTION IS ANOTHER OPTION:Adoption is always brought up when

people talk about aborting an unwanted child. The idea of aborting a child who
would make a welcome addition to another familys household is expressed by
many pro-life individuals.

4.MANY WOMEN ARE ENDANGERED BY ABORTIONS:Not all abortions

are handled in a manner that is both sanitary and done by a professional.
Abortions can be very expensive, which causes some women to seek services
wherever possible. There have been quite a few cases of women dying,
becoming sterile from a botched abortion, or ending up in the hospital with
further complications.

5.DOCTORS ARE SUPPOSED TO SAVE LIVES: The modern version of the

Hippocratic Oath doctors take doesnt specify that doctor are only to save
people and make them better, but it is expected of them. Any mention of not
performing an abortion has been taken out of the Hippocratic Oath, but not
from the minds of people who expect doctorsto save lives.

Functions of Judiciary

1. To Give Justice to the people: The first and foremost function of the
judiciary is to give justice to the people, whenever they may
approach it. It awards punishment to those who after trial are
found guilty of violating the laws of the state or the rights of the
people.
2. Interpretation and Application of Laws:

One of the major functions of the judiciary is to interpret and apply

laws to specific cases. In the course of deciding the disputes that
come before it, the judges interpret and apply laws. Every law
needs a proper interpretation for getting applied to every specific
case.

3. Role in Law-making:

The judiciary also plays a role in law-making. The decisions given

by the courts really determine the meaning, nature and scope of
the laws passed by the legislature. The interpretation of laws by the
judiciary amounts to law-making as it is these interpretations
which really define the laws.
What is court?
Judges are the very personifi cation of
the law. The judicial function
embodies the dispassionate application
of evenhandedness, integrity, and the
rule of law. Courts are a prerequisite
of all legal systems. They have power,
authority or what lawyers called
jurisdiction over specified criminal,
civil, and other matters. This entails
that their decisions are accepted as
authoritative by the parties, who
would be unlikely to do so if they did
not trust in the independence and
impartiality of the professional judges
on the bench.
 What judge is that role?
The role of judges is fundamental to
the common law; the centrifugal force
of the judicial function drives the legal
system both in theory and in practice.
The judge is the archetypal legal
institution. In his robed and exalted
independence, he represents the very
apotheosis of justice.
Lawyers: Person certified as trained in the theory and practice of law, and licensed to give legal advice and
to represent others in litigation within a particular jurisdiction. Lawyers are an indispensable if

unloved feature of every developed legal system. They are vilifi ed, mocked, and
disparaged. The humour of a multitude of lawyer jokes springs from their assault on
lawyers venality, dishonesty, and insensitivity.

Common lawyers

To many, the English legal profession, adaptations of which exist in common law
jurisdictions of the former Commonwealth, appears bizarre grotesquely
anachronistic with its wigs, gowns, and stilted forms of address. The origins of the
common law profession are, of course, steeped in English history and logic is thus
not necessarily among its justifi cations. It is divided between two principal species of
lawyer: barristers and solicitors.

Regulation of the law

Bar Associations, Bar Councils, and Law Societies are among the numerous
organizations that supervise the admission, licensing, education, and regulation of
common lawyers. The civil law prefers the term. Though their designations differ,
they generally share a concern to limit the number of lawyers in practice, and defend
their monopoly.