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Quebec is located in east central Canada. It is the largest province in Canada by area and the second largest by population.
The majority of the population in the province of Quebec resides in Montreal and Quebec City. Quebec was called Canada between the years 1534 and 1763 and was originally a French colony. After the Seven Year’s War ended in 1763, Quebec became a colony of Britain. The official language of Quebec is still French.
There are many things to see and do in Quebec. The Canadian Museum of History, one of Canada’s oldest museums, is located in Quebec. The Canadian Museum of History is one of Canada’s oldest museums and dates back to 1856. It is also one of the most visited museums in Canada.
The museum contains 4 million items which trace 20,000 years of history in Canada and the world. Another excellent place to visit in Quebec is the Petit Champlain district, which is one of the oldest neighborhoods in North America.
There are numerous restaurants and boutiques all located off cobblestone streets. If an individual enjoys exploring neighborhoods, Old Montreal is the oldest neighborhood in the city and is where Montreal was first established in 1642.
Most places around the world have strange or quirky laws, and Quebec is no different. Some noteworthy, and frankly humorous quirky Quebec laws include:
The responsibility for Quebec laws are shared by the federal government and the provincial government. The federal government is responsible for:
The provincial government is responsible for:
Provincial courts in Quebec have jurisdiction to decide cases under provincial law and federal law, including:
There is one exception, which is that the Federal Court and the Federal Court of Appeals had exclusive jurisdiction over certain areas of federal law, such as:
The courts in Quebec are organized in a pyramid fashion. At the bottom of the pyramid are:
The decisions of these courts may be reviewed by two trial courts, The Court of Quebec and The Superior Court of Quebec.
The Court of Quebec is the main criminal trial court as well as the court for small civil claims. The Superior Court of Quebec is a trial court of general jurisdiction for both civil and criminal matters.
Decisions of these courts may be appealed to The Quebec Court of Appeal. If the case is of utmost importance, it may be appealed to the Supreme Court of Canada.
If an individual is seeking the assistance of a lawyer in Canada, they may find the terminology and processes to be different than those in the United States. Common law attorneys in Canada are referred to as solicitors and barristers.
The word attorney has a different meaning in Canada. Attorneys are individuals who are appointed under a power of attorney.
The terms solicitor or barrister are used instead of the term attorney in:
It is important to note that if a potential client who resides in Canada is searching LegalMatch for legal assistance, they will use the terms lawyer and attorney, as LegalMatch content is written by individuals who use American vocabularies.
In America, the terms attorney and lawyer are used interchangeably. Both of these terms refer to individuals in the legal profession in the United States and there is no distinction between attorneys who do not try cases in court and those who do try cases in court.
The term lawyer in Canada refers to an individual who is a civil law notary in Quebec or to an individual who has been called to the bar. In Canada, common law lawyers are referred to barristers or solicitors.
There are no restrictions on the types of law which a lawyer can practice in Canada. Lawyers in Canada can appear in court as well as represent clients in court.
Because Quebec shares a border with the United States, individuals from both of these countries may also be familiar with the legal system of the neighboring country. However, there are important distinctions between a lawsuit in Quebec and a lawsuit in North America.
As previously discussed, federal courts in Canada have jurisdiction in limited circumstances. These types of cases may include:
In the United States, in contrast, federal courts typically exercise jurisdiction over:
Plaintiffs in the United States are permitted to choose to file a personal injury lawsuit either in federal court or in state court. If the lawsuit is filed in a federal court, that court will apply the laws of the state in which it is located.
In certain cases, a plaintiff may be able to file their lawsuit in a state court and then the defendant may be able to move the case to a federal court if the requirements are met. This allows the parties to engage in a certain gamesmanship in a personal injury case which is not possible in a Canadian court.
There are also limits that have been placed on damages which may be awarded for pain and suffering by The Supreme Court of Canada, which is approaching $400,000. On the other hand, the United States is known for its large damages awards.
Attorney’s fees are also handled differently between American and Canada. The United States follows the American Rule, where each party bears the costs for their attorney’s fees.
In Canada, however, the English Rule is used, where the costs of the legal action are paid by the losing party. The prevailing party at a trial or on an appeal can expect the other party to pay between 50% and 90% of the legal costs of the prevailing party.
Prior to an individual selecting their solicitor, barrister, or lawyer in Canada, it is important to ensure that their prospective choice has completed all of the necessary educational training. It is also important to check that they have the proper certifications. In Quebec, lawyers are required to have a bachelor’s degree from a law school.
The process for becoming a lawyer in Quebec is slightly different from other provinces in Canada. Lawyers in Quebec are required to attend a Civil Law JD program. They must then attend a Bar School. Following this, the individual must pass the bar exam. After this, they are free to practice law.
It is important to note that lawyers in Canada define their practice with the titles they choose. Barristers are lawyers who appear in court or mediation. Solicitors, on the other hand, do not appear in court and their practices involve legal issues such as wills and contracts.
An individual can also use a service to find a lawyer in Quebec such as LegalMatch. LegalMatch provides individuals with contact information of pre-screened Quebec lawyers as well as their background information, which may include:
Additional information regarding a Quebec lawyer, legal procedures, and laws in Quebec, Canada can be found by searching the following websites: