FACULTY OF ECONOMIC AND ADMINISTRATIVE SCIENCESPOLITICAL SCIENCE AND PUBLIC ADMINISTRATION


ADM 1102 - INTRODUCTION TO LAW

 

 29/01/13

MIDDLE EAST TECHNICAL UNIVERSITY

FACULTY OF ECONOMICS AND ADMINISTRATIVE SCIENCES

DEPARTMENT OF BUSINESS ADMINISTRATION

INTRODUCTION TO LAW

 ADM-1102

SPRING-2013

 

 THE SYLLABUS

 

           Instructor of Law: Erol Mucen

           Office F-05

        E-mail: emucen@metu.edu.tr

 

                     Office hours: Fridays 08:40-11:30 A.M 

 

Required Textbooks: 1- Introduction to Turkish Law edited by Tugrul Ansay Ph.D. Professor of Law Koc University Faculty of Law Istanbul and D. Wallace, Professor of Law, Georgetown University Washington D.C., Kluwer Law International, Turhan Kitabevı 2000 Ankara.

 

2-Introduction to Law Rona Aybay, Ph.D. Professor Of Law Bilgi University Faculty of Law, Istanbul Bilgi University Press, Istanbul, 2008.

 

3-Introduction to Law-General  Review of Law-Hukuk Baslangici-Genel Hukuk Bilgisi by Turhan Esener, Professor of Law, Seventh Edition, Alkum Kitabevi, Istanbul, 2004;

 

4-5-Introduction to Law, The Course Outlines by Erol Mucen, METU-Ankara, 2013.

 

Attendance  :           Mandatory.

 

 

Grading:  

 

Midterm Exam            20%

Final       :                       30%

Attendance  :               25%

Extra Curriculum:      15%  

Legal Essay & Active Participation:   10%

 

Accumulating a minimum 25 of 50 points in two exams from Midterm and Final or in the re-sit exam is a barrier to pass or repeat the class.

 

THE COURSE DESCRIPTION AND OBJECTIVES:

 

 

Introduction to legal concepts, social environment and legal institutions by analyzing, evolution of legal systems, and societies, formation of modern legal society; actual effects and impact of legal issues; encounters of individuals with legal conflicts; fundamental rights; rights, obligations and privileges of individuals; the violations of individual rights by government; abuse of governmental powers, checks and balances of government, forms of government; separation of church and state; separation of powers, Executive, Legislative and Judiciary powers, public and private laws, international treaties; legal entities, law of European Union. Sources of laws; charters, constitutions, statutes, customs and usages, governmental regulations by laws

 

THE OBJECTIVE IS TO ACQUIRE BASIC LEGAL FORMATION TO BECOME MANAGERS OF BUSINESSES AND PERSONS.            

 

In order for students to organize their time in preparing the classes in advance the following schedule will be observed during the semester.

 

There can be changes in the schedule which will be announced in advance.

 

THE FIRST WEEK: Jurisprudence; The conception of law. The justice, human nature; conscious; honesty; integrity and dignity. The morale and the law. The Fundamental Individual Rights and Freedoms.The Law and the Society; Peace and Order. The form of Laws,customs and usages; Written and Unwritten Laws, Constitutions; Statutes, Regulations, By-Laws; Civil and Common law Systems; The History of Legal Systems; Kings and Sultans, Church and Law of Islam. The socialcontract. The abolition of natural law of personal vendetta. The abolition of feudal chieftain and family laws. Individuality of legal obligations and responsibilities for honor and integrity. 

 

THE SECOND WEEK: Fundamental Individual Rights and Separation of Religion and State; Free Exercise of Religion: Government cannot interfere with any Rule or regulation of the Church or Mosque. Neither the Church nor Mosque can interfere with the Government affairs, Federal State or Local. Establishment Clause; The Government cannot establish, interfere, regulate and influence the religion and faith; Fundamental Individual Rights to Freedoms from unlawful seizure, detention and arrest; unlawful restrictions on free expression, speech, opinion, belief, religion, peaceful assembly, freedom to own property and contract; equal opportunity to have employment and Equal Protection of Laws despite race, nationality, creed, political opinion or religious belief. The elements of Rule of Law; all laws have an effective date for the future, a law with a retroactive effect is violation of human rights and breach of Rule of law; Natural Judge: all individuals must be tried in the general courts where they have lived, by the judges who have already been appointed to these general courts. Any Court with an extraordinary power or created to adjudicate certain crimes or certain type of individuals are illegal in violation of fundamental human rights and is breach of Rule of law

 

THE THIRD WEEK: Forms of Government: Monarchies, Democracies. Restrictions on the absolute power of English Monarchy by Magna Carta; The Religious Wars in Europe. In Ottoman Empire, the Edict of Reformation, First Parliamentary Monarchy; Second Parliamentary Monarchy and Republic of Turkey. The Moderate Islamic Republic of Turkey. The Clash of Civilizations. The religious wars in the Middle East. Mosque, Church cannot interfere with any Rule or regulation of the People’s Government Federal State or Local. Neither the Government can interfere, regulate and influence the religion and faith. 

 

Separation of Powers; Checks and Balances;powers of executive branch to execute the laws of the country; legislature to legislate law; judiciary to interpret laws as a final arbiter of law between individuals as well as between the branches of the government, legislature and executive. Civil law and Common Law Systems in terms of separation of powers; separation of state and religion;

 

The Legislative Power as to make the budget and authorize the executive branch spent on public policies according to the laws.The state does interfere with the internal affaires and administration of the Church.

 

Executive Branch, President, Prime Minister and Cabinet. Public Service and Civil Administration. Central Government, Local Governments.

 

Judiciary Branch, Independence of Courts, Judges, Prosecutors.

 

The Missouri Case on Ten Commandments at the Courthouse Entrance. A partial and biased Judge. Aconservative Attorney General who executed the law against his own conviction.

 

U.S. Iran Contra Affaire. U.S.  v. Clinton. Impeachment.

 

THE FOURTH WEEK:  Equal Protection Clause;

Government’s obligation to treat individuals in similar positions equally; Anti discrimination and Equal Employment laws; Due Process of Law; ‘state shall not deprive any persons of life, freedom and property without due process of law; legal notice and judicial hearing; Prohibition to interfere with the substantive right of the freedom; Exception to regulate time and place to maintain peace and order;

 

THE FIFTH WEEK: Turkish Government; History of Ottoman Public Administration; Republican Governments and Public Service, Public Servants; Elected and Political Appointments; Governmental Agencies; Central and Local Governments; Federal and National Governments; Public Administration Departments;  Supervision and Control of Administrative Services; Presidential , Ministerial and Legislative Supervision of Public Administration and Administrators; Administrative Laws; Judicial Review of Administrative Decisions, Acts and Omissions; Administrative Courts; Council Of State; Administrative Actions for Annulment, Recovery and Compensation and Injunctions; Equal protection of individuals from discrimination for race, sex, alianage, religion, nationality, age, or handicap.      

 

 

THE SIXTH WEEK: Civil Law; Fundamental Right to Privacy, Law of Persons, Real and Fictitious Persons; Protections of Persons; Right to Privacy, Name, Domicile, Individuality, Family, Alimony, Custody, Rights of Children; Family Law, Divorce; Polygamy; Women’s Right to Abortion and divorce; Fictive Persons; Legal Entities; Charitable Associations–Nonprofit Organizations.

 

THE SEVENTH WEEK : Fundamental Individual Right to Property; Law of Property; Condemnation; Wills and Estates; Right to Inherit, Devise and Bequeath; Public interest in Inheritance and Estate Taxes; Trusts; Islamic Law; woman has no right to inheritance;

 

THE EIGHT WEEK: The Midterm Exam;

 

April, 5, 2013, at 8:40-11:30 A.M.

 

 

THE NINTH WEEK:   Fundamental Individual Right to Contract; General Obligations and Contracts Law; Law of Agency; Negligence, Product Liability and Torts Law.     

 

THE TENTH WEEK: Commercial Law; Merchants; Sole Proprietorship; Ordinary and General Partnerships; Limited Partnerships; Business Corporations; Joint Stock Holdings; Joint Ventures; Negotiable Instruments; Notes; Checks; Insurance Policies;  

     

THE ELEVENTH WEEK: Civil Procedure, Court Administration and Judiciary Law. Court System; Circuit Courts, Commercial Courts; Bankruptcy Courts; Peace Courts; Family Courts; Children Courts; Traffic Courts;

 

                        THE TWELVETH WEEK: Criminal Law and Procedure and due process of law. No crime that is not described in Criminal Code can be alleged. Arrest, probable cause, preponderance of guilt;

                        The doubt in guilt must be interpreted in favor of suspect. Right to silence; right to defense; counsel; appeal, challenge and cross examine the witness; impartial judge; reject the court; Due Process of Law. 

 

THIRTEENTH WEEK: DUE DATE ON ASSIGNMENTS May 10, 2013

 

International Private Law and Treaties; International Business Transactions International Sale; UCC, CISG, Litigation and Arbitration. International Criminal Court of Justice; Globalism, GATT; WTO-URUGUAY ROUND; KYOTO TREATY; DAVOS MEETINGS.

 

 

THE FOURTEENTH WEEK:    European Law; Anti Trust and Competition Laws.

 

THE FIFTEENTH WEEK:     International Commercial Litigation and Arbitration, International Private Law and Treaties; International Business Transactions International Sale; UCC, CISG, Litigation and Arbitration. International Criminal Court of Justice; Globalism, GATT; WTO-URUGUAY ROUND; KYOTO TREATY; DAVOS MEETINGS.

 

 

 

The Sixteenth Week:     Final Exam: TBA First week in June 2013.

 

 

 

 

 

 

 

 

 

 

 

 

  THE ASSIGNMENT:

 

 

      Due on or before May 10, 2013.

     

Subject: Extracurricular Activity and Legal Essay:

 

The assignment in both subjects aims to enhance knowledge, cognition and capacity of the attendants to conceive and recognize thelegal issues and understand the significance law and justice in life.

 

To be hand written on one sheet of paper;

 

On the first page with name and number extracurricular activities that you have had during the semester and on the back page an essay on a legal event or experience.

 

Extracurricular Activities must be performed during his semester and must relate to a current, present, regular or periodical vocation, occupation, a full or part time workin arts, science, sports, charity, humanities, innovations, research, languages, cultures, family duty, community work, a full or part time job or any assignment with responsibilities. The activities, duties and responsibilities must be explained in detail as to where, when, what and how performed.

 

Legal essay shall relate to a real legal event that has had a real impact in your life in terms of your conception of law and justice with your own approach to the event and the lesson drawn from it. Simple Consumer transactions, simple contracts and rent disputes, self-serving interest and profit disputes will not be accepted as a subject and will not be graded.