Quebec Bar flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Proportionality in civil procedure
- Art. 4 C.p.c. requires parties to ensure proceedings are proportionate to the nature, complexity and cost of the case, promoting efficient and fair justice.
- Burden of proof
- Under art. 2803 C.c.Q., the plaintiff must prove the facts supporting his claim; the defendant must prove facts constituting an exemption or a defence.
- Vices of consent
- Error, fraud, fear, or lesion vitiate consent under art. 1398 C.c.Q.; a contract may be annulled if consent was not free and enlightened.
- Force majeure
- Art. 1470 C.c.Q. defines force majeure as an unforeseeable and irresistible event that makes it impossible for the debtor to perform his obligation.
- Civil liability conditions
- Art. 1457 C.c.Q. requires fault, damage, and causation; the defendant may be exempted by proving force majeure or no fault.
- Hypothec
- Art. 2660 C.c.Q. defines a hypothec as a real right granted to secure an obligation; it must be published to be opposable to third parties.
- Family patrimony
- Art. 414 C.c.Q. allows spouses to agree on a family patrimony; the agreement must be in writing and registered to be opposable.
- Succession opening
- Art. 615 C.c.Q. states that a succession opens upon death, at the last domicile of the deceased, and devolves according to law or will.
- Partnership definition
- Art. 2186 C.c.Q. defines a partnership as a contract by which two or more persons agree to carry on an activity together and to share profits.
- Company legal personality
- Art. 2258 C.c.Q. provides that a company is a legal person distinct from its shareholders; shareholders are not liable for its debts.
- Unjust dismissal
- Art. 124 of the Labour Code allows an employee with two years of continuous service to contest a dismissal not made for a good and sufficient reason.
- Judicial review
- Art. 33 of the Administrative Justice Act permits judicial review of an administrative decision if it is unreasonable or procedurally unfair.
- Charter section 10 rights
- On arrest or detention, everyone has the right to be informed promptly of the reasons, to retain counsel, and to have the detention reviewed by habeas corpus.
- Exclusion of evidence
- Art. 24(2) of the Charter requires exclusion of evidence obtained in violation of the Charter if it would bring the administration of justice into disrepute.
- Division of powers
- Arts. 91 and 92 of the Constitution Act, 1867 divide legislative jurisdiction between the federal Parliament and provincial legislatures.
- Charter reasonable limits
- Art. 1 of the Canadian Charter allows limits on rights if they are prescribed by law and demonstrably justified in a free and democratic society.
- Conflict of interest
- A lawyer must avoid any conflict of interest; if a conflict arises, he must inform the parties and withdraw if necessary, per the Code of Professional Conduct.
- Confidentiality
- A lawyer must keep confidential all information obtained in the course of his professional activities, unless disclosure is required by law or authorized by the client.
- Competence
- A lawyer must be competent to handle a matter; competence includes knowledge, skill, and diligence, and the lawyer must keep up to date with the law.
- Honesty and candour
- Rule 3.3-1 of the Code of Professional Conduct requires a lawyer to be honest and candid when advising clients, providing full and accurate information.
- Legal opinion structure
- A legal opinion must state the facts, the legal issues, the applicable law, the analysis, and a clear conclusion, using plain language and logical structure.
- Will formalities
- Under the Civil Code, a will may be notarial (art. 712), holograph (art. 726), or made in the presence of witnesses (art. 727), each with specific formalities.
- Default notice
- Art. 1493 C.c.Q. provides that a debtor is liable for damages for delay after being put in default, unless the obligation is of a continuing nature.
- Derivative action
- Art. 2332 C.c.Q. allows a shareholder to institute a derivative action on behalf of the company with leave of the court, to remedy a wrong done to the company.
- Assault
- Art. 265 of the Criminal Code defines assault as the intentional application of force to another person without consent, directly or indirectly.
- Theft
- Art. 322 of the Criminal Code defines theft as the fraudulent taking of property without colour of right, with intent to deprive the owner.
- Equality rights
- Art. 15 of the Charter guarantees equality before and under the law and equal protection and benefit of the law without discrimination.
- Notwithstanding clause
- Art. 33 of the Charter allows Parliament or a provincial legislature to declare that a law shall operate notwithstanding certain Charter provisions, with a five-year sunset.
- Trust account
- A lawyer must maintain a trust account for client funds, keeping them separate from the lawyer's own funds, as required by the Code of Professional Conduct.
- Reasonable fees
- A lawyer must not charge excessive or unreasonable fees; fees must be justified by the services rendered and the complexity of the matter.
- Pleading requirements
- A pleading must contain a clear statement of the facts, the legal grounds, and the conclusions sought; it must be concise and precise.
- Affidavit
- An affidavit is a written statement confirmed by oath or affirmation, used as evidence in judicial proceedings; it must be based on personal knowledge.