(DOWNLOAD) "Abus de Droit, Querulence Et Parties Non Representees." by McGill Law Journal # Book PDF Kindle ePub Free
eBook details
- Title: Abus de Droit, Querulence Et Parties Non Representees.
- Author : McGill Law Journal
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 340 KB
Description
The phenomenon of querulousness, distinct but connected to the problem of unrepresented parties, requires a response from the courts, in Quebec and elsewhere. If the occurrence of querulousness is increasingly better documented, its characteristics remain difficult to define. The medical and legal literature permit us to trace un approximate psychiatric profile of the querulous litigant. Often male and without a lawyer, they tend toward multiplying vexatious actions. Every failure is taken by the querulous litigant to be a confirmation of the legitimacy of their cause. Nevertheless, the description of the symptoms of querulousness does not permit one to make an infalliable diagnosis. In fact, one should avoid confusing the querulous litigant with the litigant who is tenacinus in claiming his or her rights. The querulous litigant is also distinguishable from the person who seeks the therapeutic effect of appearing in court. Unrepresented parties constitute an important category of litigants that should not be conflated with querulous litigants. While it is true that the latter often self-represent by choice, most unrepresented parties dispense with a lawyer only when lacking adequate financial resources. In order to remedy this situation, British courts have attempted to assist "litigants in person", notably by increasing the number of access to justice programs. Similarly, stricter and stricter measures were taken to confront querulous litigants, in particular "MacKenzie friends" who usurp the role of the lawyer and act as representatives for other litigants. An Act Respecting the Barreau du Quebec prevents this type of problem in Quebec, but the case of the lawyer who acts as a straw man for the querulous litigant remains problematic. The same is true for the party who obtains advice from a lay person, as in Fortin C. Chretien. Even if the personel of the courts can assist unrepresented litigants, they are often better served by increased access to legal information.