Understanding the Structure of Anglo-American Law (TOLES PREP) – Anglo-Amerikan hukukunun yapısını anlamak (Toles Hazırlık metni)

Merhaba sevgili okuyucularımız

Bu yazımızda TOLES hazırlığı yapan bir Türk öğrenciye yönelik, US Courts platformunda karşılaşabileceği Anglo-Sakson hukuk terimlerini barındıran, uzun bir reading texti, kendi gözetimimizde AI yardımı ile derledik.

Metin C1 düzeyinde, didaktik ama akademik tarza yakın yazıldı. İçinde bolca case law, common law, precedent, statute gibi terimler içermesine gayret edildi.

Keyifli çalışmalar dileriz …

Reading Text: Understanding the Structure of Anglo-American Law

When a Turkish law student begins to explore the U.S. legal system, one of the first distinctions they encounter is the common law tradition, which differs considerably from the civil law tradition dominant in continental Europe. In the United States, legal reasoning is heavily grounded in case law, meaning that decisions handed down by higher courts create binding precedent (often referred to as stare decisis). For instance, a district court judge is obliged to follow the legal principles established by a Court of Appeals or the Supreme Court of the United States, unless a statute enacted by Congress expressly overrides that precedent.

Another key concept is the role of a statute versus judge-made law. In civil law systems, written codes and legislative acts dominate, but in the U.S., statutes are often interpreted through judicial opinions, and their meaning evolves through judicial interpretation. Thus, while statutory law provides the framework, the courts often clarify ambiguities through judicial review. This function was famously established in Marbury v. Madison (1803), which remains a landmark case in U.S. constitutional law.

In practice, every case that comes before a U.S. court involves two opposing parties: the plaintiff and the defendant in civil proceedings, or the prosecution and the defendant in criminal trials. The plaintiff files a complaint, the defendant responds with an answer, and the process may involve motions such as a motion to dismiss or a motion for summary judgment. If the case proceeds to trial, evidence is presented under the rules of due process, and the final decision is expressed in a judgment or verdict.

Students should also become familiar with the distinction between substantive law and procedural law. Substantive law defines rights and duties (for example, the right to property or the prohibition of fraud), while procedural law governs the mechanisms through which cases are litigated (such as the rules of evidence or the Federal Rules of Civil Procedure). In this sense, understanding procedural safeguards such as the right to counsel, the burden of proof, and the principle of innocent until proven guilty is fundamental to grasping the American conception of justice.

Furthermore, unlike many civil law jurisdictions where the role of judges is highly investigative, U.S. courts are adversarial in nature. This means that it is the parties, through their attorneys, who present arguments, call witnesses, and submit evidence. The judge acts as an impartial arbiter, ensuring that the trial complies with the Constitution and relevant statutes, while the jury, in many cases, acts as the ultimate finder of fact.

Finally, aspiring legal professionals preparing for the TOLES exam should pay close attention to common Anglo-American legal terms that frequently appear in contracts and litigation. Expressions such as consideration (a key element of contract formation), tort liability (responsibility for civil wrongs), injunction (a court order compelling or prohibiting action), and specific performance (a remedy requiring a party to fulfill contractual obligations) are essential for anyone seeking to understand legal English in practice.

In short, while the U.S. legal system may appear complex and highly precedent-driven, mastering its core terminology—precedent, statute, jurisdiction, due process, tort, injunction, and so forth—will significantly assist any Turkish student not only in their TOLES preparation but also in engaging with authentic materials on the US Courts platform and beyond.

📘 Reading Comprehension Questions

Part A – True / False / Not Given

Cümlelerin doğru olup olmadığını, ya da metinde bilgi verilmediğini belirt.

In the U.S. legal system, statutes are always more authoritative than case law.
The doctrine of stare decisis requires lower courts to follow precedents set by higher courts.
In criminal cases, the plaintiff sues the defendant for damages.
Substantive law regulates the trial procedure, while procedural law defines individual rights.
In the U.S. system, judges actively investigate cases to establish facts.

Part B – Multiple Choice

Doğru seçeneği işaretle.

Which case established the principle of judicial review in the United States?
a) Brown v. Board of Education
b) Marbury v. Madison
c) Roe v. Wade
d) Miranda v. Arizona
In civil proceedings, the party who initiates a lawsuit is called:
a) The prosecutor
b) The plaintiff
c) The jury
d) The defendant
What is the role of the jury in U.S. trials?
a) To interpret statutes
b) To ensure due process
c) To act as the finder of fact
d) To issue injunctions

Part C – Matching Definitions

Aşağıdaki terimleri doğru tanımlarla eşleştir.

Injunction
Consideration
Tort liability
Specific performance

a) Responsibility arising from committing a civil wrong.
b) A court order requiring a party to do or not to do something.
c) A contractual remedy requiring performance of obligations rather than payment of damages.
d) Something of value exchanged between parties in order to make a contract enforceable.

ANSWER KEY

✅ Part A – True / False / Not Given

False – Statutes are not always more authoritative; case law and statutes interact, and judicial interpretation is crucial.
True – Stare decisis requires lower courts to follow precedents set by higher courts.
False – In criminal cases, the opposing party is the prosecution, not the plaintiff.
False – Substantive law defines rights/duties; procedural law regulates trial procedure.
False – Judges in the U.S. system are not investigative; the system is adversarial.

✅ Part B – Multiple Choice

b) Marbury v. Madison – Established judicial review in 1803.
b) The plaintiff – The plaintiff initiates a civil lawsuit.
c) To act as the finder of fact – Juries decide on facts, not law.

✅ Part C – Matching Definitions

Injunction → b) – A court order requiring a party to do or not to do something.
Consideration → d) – Something of value exchanged between parties in a contract.
Tort liability → a) – Responsibility for committing a civil wrong.
Specific performance → c) – A remedy requiring performance of obligations rather than damages.