Luxembourg Bar Final Exam key terms

Duty of the lawyer to keep confidential everything learned in the exercise of the profession, covering both defence secrets and confidences received; it survives the end of the mandate and is a matter of public order.

Body of professional rules (independence, dignity, conscience, probity, confidentiality) that govern lawyer conduct and can ground disciplinary sanctions imposed by the disciplinary authorities.

Situation where the lawyer's personal interest, or the interest of another client, risks impairing the independent and loyal defence of a client's interests, requiring disclosure or refusal of the mandate.

Professional order grouping the lawyers admitted to practise before the courts of a judicial district, headed by a bâtonnier and vested with disciplinary and regulatory powers.

Lawyer elected by the members of the bar to head it for a fixed term, representing the profession and exercising disciplinary and administrative functions within the order.

Public scheme granting full or partial coverage of legal costs and lawyer fees to persons whose resources are insufficient, so that access to justice is not barred by poverty.

Written instrument drawn up by a public officer empowered to do so, such as a notary, which is presumed genuine and has enhanced evidentiary and enforceability value under civil law.

Degree of evidentiary weight a document or piece of evidence carries before a court, varying with its nature (authentic, private, copy) and the possibility of contesting it.

Any means legally admissible to establish the existence of a fact or legal act before a court, including documents, testimony, presumptions, admissions and expert findings.

Rule allocating to one party the duty to prove the facts on which its claim or defence rests, with the counterparty bearing the burden of proving facts it invokes in rebuttal.

Extinction of a right or action by the passage of a legally fixed period of time, running from the day the holder knew or should have known the facts enabling exercise of the right.

Period fixed by law or by the court within which a procedural act (appeal, statement of claim, reply) must be performed, failing which the act is time-barred or inadmissible.

Binding effect of a final judgment, which may no longer be challenged and bars a new action between the same parties on the same object and cause.

Ordinary remedy by which a party asks a higher court to review and set aside or reform a judgment rendered at first instance, within the statutory time limit.

Principle that every person accused of an offence is presumed innocent until guilt is legally established by a final decision after a fair trial, imposing the burden of proof on the prosecution.

Preparatory judicial phase, conducted by an investigating judge, aimed at gathering evidence on whether an offence was committed and who may be charged, before possible trial.

Custodial measure ordered by a judicial authority before final conviction, subject to strict legal conditions and periodic review, as an exceptional exception to liberty.

Right of the State, exercised through the public prosecutor, to pursue and punish offences by bringing the accused before a criminal court and seeking a conviction.

Body of magistrates representing society before the courts, directing investigations, deciding whether to prosecute and submitting written and oral submissions at trial.

Mental component of an offence, consisting in the will to commit the prohibited act with knowledge of its unlawful character, required unless the offence is purely negligent.

Legal status by which a group of persons or assets (company, association, foundation) is treated as a distinct subject of rights and duties, able to contract, sue and be sued.

Place where a company's central administration is established, determining its nationality, its registration office and often the competent court for disputes concerning it.

Meeting of the shareholders or members of a company, competent to take the decisions reserved to them by law or articles, such as approving accounts or amending the articles.

Person entrusted with the day-to-day management of a company and empowered to act on its behalf within the limits of the corporate object and the powers conferred by law or articles.

Judicial procedure opened against a trader who has ceased payments, aiming to liquidate assets and distribute proceeds among creditors under court supervision.

Situation in which a trader is unable to meet its due liabilities with available assets, the factual condition that triggers the opening of insolvency proceedings.

Unilateral decision taken by an administrative authority in the exercise of public power, intended to modify the legal situation of persons, and subject to judicial review.

Contentious action asking the administrative court to quash an unlawful administrative act, on grounds of lack of competence, procedural defect, misuse of power or breach of the law.

Rule that administrative authorities must act in conformity with the constitution, statutes, treaties and general principles of law, which they cannot validly set aside.

Activity of general interest carried on or controlled by a public authority, subject to specific rules ensuring continuity, equality of users and adaptability to public needs.

Agreement by which a person undertakes to work under the authority and direction of another in return for remuneration, the defining feature being the link of subordination.

Termination of an employment contract at the employer's initiative, which must rest on a valid ground and comply with notice and procedural requirements to be lawful.

Serious misconduct by the employee making the continuation of the employment relationship immediately impossible and justifying dismissal without notice or severance pay.

Written agreement negotiated between employers and workers' representatives, fixing working conditions and terms of employment that individual contracts may not undercut.

Quality of certain European Union norms that may be invoked by individuals before national courts without further transposition, provided they are clear, precise and unconditional.

Principle that European Union law prevails over conflicting national law, obliging national courts and authorities to set aside incompatible provisions of domestic law.

Binding European Union legislative act of general application, directly applicable in all Member States without transposition, binding in its entirety.

Procedure by which a national court asks the Court of Justice of the European Union to interpret Union law or rule on its validity, in order to decide the pending case.