CAPA — Certificat d'Aptitude à la Profession d'Avocat (Barreau de Madagascar / FIMA)

Under article 9 of Loi n° 2001-006, which principles must the Conseil de l'Ordre maintain within the legal profession?

• AProbity, disinterestedness, moderation, and professional fellowship
• BCommercial speculation, secrecy from the courts, and political obedience
• CSeniority, wealth, electoral office, and family status
• DProfit maximization and exclusive loyalty to company shareholders

Which of the following reflects the statutory oath sworn by an advocate before the Cour d'Appel prior to entering the stage at the Barreau de Madagascar?

• AI swear to say or publish nothing as defense counsel contrary to the laws, regulations, g…
• BI swear to defend my client's commercial interests by any available legal or tactical mea…
• CI swear to serve the public prosecutor faithfully, report all suspected crimes discovered…
• DI swear to prioritize state economic policy above individual litigation claims and adhere…

What is the legal status of a 'pacte de quota litis' (an agreement setting legal fees solely as a percentage of the litigation outcome) under Malagasy bar deontology?

• AIt is strictly null and void and constitutes a professional disciplinary violation
• BIt is valid and freely enforceable provided it does not exceed 33 percent of the sum reco…
• CIt is permitted only in labor and personal injury disputes upon prior approval of the lab…
• DIt is mandatory for all contentious commercial recovery proceedings before the Tribunal d…

Which two subjects does the IFPA identify for the oral component of the final CAPA examination?

• ADeontology and Plaidoirie
• BTax accounting and maritime navigation
• CLand surveying and forensic medicine
• DCorporate finance and public procurement only

What does the essential principle of 'indépendance' require of an advocate practicing at the Barreau de Madagascar?

• AThe advocate must remain free from all external pressures, personal financial interests,…
• BThe advocate is exempt from paying national taxes and municipal professional licensing du…
• CThe advocate must refuse to represent clients who belong to opposition political associat…
• DThe advocate must never collaborate or share office premises with another member of the b…

Under article 46 of Loi n° 2001-006, when may a client require an advocate to return the case file before the matter ends?

• AWhen the advocate lacks diligence or fails to respect the agreed terms of engagement
• BOnly after the client proves the advocate committed a criminal offence
• COnly after final judgment and full payment of every fee
• DNever, because the file becomes the advocate's property

Maître R. is consulted by Party A regarding a commercial contract breach against Party B. After an in-depth strategy session where Party A discloses sensitive financial data, Party A chooses not to retain Maître R. Two weeks later, Party B asks Maître R to sue Party A on the same transaction. What must Maître R do?

• ADecline the mandate immediately because representing Party B creates an impermissible con…
• BAccept Party B's mandate provided Party B agrees to pay double the standard retainer fee
• CAccept the mandate because no formal written fee agreement was signed with Party A
• DAccept the mandate only if Maître R undertakes not to use the specific documents handed o…

Under what statutory conditions is a complementary success fee agreement (honoraire de résultat) legally enforceable between an advocate and their client in Madagascar?

• AIt must be agreed in writing, explicitly complement a basic remuneration (fixed or hourly…
• BIt may be agreed orally at the end of the trial hearing without any baseline fee requirem…
• CIt is valid only if ratified by the presiding judge of the trial court prior to the deliv…
• DIt is enforceable only if the client is an incorporated commercial enterprise and not a n…

In civil litigation before the Tribunal de Première Instance of Antananarivo, what is the evidentiary status of letters exchanged between opposing advocates during settlement negotiations?

• AThey are strictly confidential and cannot be produced in court or disclosed to the judge,…
• BThey can always be produced in evidence to prove that the opposing party made an offer to…
• CThey are public records accessible to any third party once delivered by registered mail
• DThey may be submitted to the court provided the client gives written instructions to do so

A litigant dismisses their existing advocate Maître X and instructs Maître Y to take over the ongoing lawsuit. What deontological obligation must Maître Y satisfy before filing pleadings?

• ANotify Maître X in writing of the takeover (lettre de reprise de dossier) and verify whet…
• BFile an ex parte petition with the President of the Tribunal requesting an order removing…
• CPublish an announcement in an official gazette thirty days prior to appearing in court
• DRefuse the client outright because changing counsel during active proceedings is prohibit…

Under what exceptional circumstance may an advocate disclose confidential information relating to a client mandate under Malagasy law?

• AStrictly for the advocate's personal defense before a court or the Conseil de l'Ordre in…
• BWhenever the advocate believes the disclosure serves the general economic interest of the…
• CWhenever a police officer orders the advocate during an informal interview to disclose cl…
• DWhenever a family member of the client requests reassurance regarding testamentary assets

How does the principle of contradictory proceedings (principe du contradictoire) govern an advocate's submission of briefs and exhibits in civil litigation?

• AAll written submissions and documentary exhibits must be communicated to opposing counsel…
• BDocuments need only be shown to the presiding judge in private chambers without copying t…
• CExhibits may be handed to opposing counsel at the exact moment the oral closing argument…
• DOnly the plaintiff is required to disclose documents; the defendant may withhold exhibits…

Maître T. is representing a plaintiff in a debt collection action. Knowing that the defendant is represented by Maître B., may Maître T. telephone the defendant directly to negotiate an urgent payment plan?

• ANo; an advocate must never communicate directly with a party represented by counsel witho…
• BYes; direct communication is always encouraged to avoid unnecessary legal costs and exped…
• CYes; provided Maître T. records the telephone conversation and sends a copy to the regist…
• DNo; unless the sum in dispute is under 1,000,000 Ariary, in which case direct contact is…

Which form of professional publicity or communication is strictly prohibited for an advocate registered at the Barreau de Madagascar?

• ADirect personal canvassing and aggressive commercial solicitation (démarchage) aimed at s…
• BErecting a modest professional nameplate at the entrance of the law office building indic…
• CMaintaining an informative website presenting the firm's practice areas and professional…
• DPublishing legal scholarly articles in peer-reviewed law journals and mainstream legal pe…

Which of the following professional or economic activities is inherently incompatible with the status of practicing advocate in Madagascar?

• AActing as the managing director (gérant) of a commercial limited liability company (SARL)…
• BDelivering lectures in civil law as a part-time visiting lecturer (chargé de cours) at a…
• CPublishing legal textbooks and receiving publisher copyright royalties
• DActing as an independent arbitrator or mediator in commercial contractual disputes

Under article 43 of Loi n° 2001-006, when may an advocate refuse or stop a court appointment (commission d'office)?

• AOnly for an excuse or impediment accepted by the appointing authority
• BWhenever a privately paying client requests the same hearing date
• CWithout giving any reason, because appointments are optional
• DOnly after transferring the matter to a law student

During a criminal investigation, an examining magistrate (juge d'instruction) subpoenas an advocate as a witness to testify about statements made by a client during confidential legal defense meetings. How must the advocate respond?

• AAppear before the magistrate, invoke statutory professional secrecy, and formally refuse…
• BDisclose the information fully because examining magistrates hold absolute statutory auth…
• CRefuse even to physically attend the summons, treating the subpoena as void on its face
• DAnswer the questions provided the testimony is given in camera without the clerk typing t…

A judicial police officer armed with a search warrant arrives at a law office to seize documents relating to a client suspected of tax evasion. What procedural guarantee is required under Malagasy law to preserve professional secrecy?

• AThe search can only be conducted in the presence of the Bâtonnier or their designated del…
• BThe officer may conduct a surprise search alone provided notice is served on the receptio…
• CLaw offices are completely immune from search and seizure under all circumstances, even i…
• DThe search requires only the oral authorization of the local mayor and can proceed withou…

A law firm acts as general outside counsel to Company X on corporate tax compliance. A minority shareholder in Company X approaches the firm seeking representation to initiate a derivative action alleging financial fraud against the directors of Company X. What is the firm's ethical duty?

• ARefuse the minority shareholder's mandate because representing the shareholder against th…
• BAccept the mandate if the minority shareholder agrees to pay a higher retainer than Compa…
• CAccept the mandate by establishing an internal ethical wall separating the tax associates…
• DAccept the mandate provided the firm terminates its general counsel relationship with Com…

An advocate is disciplined by the Conseil de l'Ordre acting as a disciplinary council and receives a three-year temporary suspension. Before which judicial body must the advocate lodge an appeal, and within what statutory framework?

• ABefore the Cour d'Appel, which has appellate jurisdiction over disciplinary decisions ren…
• BBefore the Minister of Justice, who exercises sovereign administrative oversight over bar…
• CBefore the Tribunal de Première Instance sitting as a civil tribunal of general jurisdict…
• DBefore the National Assembly Committee on Legal Affairs

Under the Malagasy Code de procédure civile (Loi n° 66-022 amended), what is the standard procedural instrument used to initiate a contentious civil action before the Tribunal de Première Instance?

• AAn assignation drafted by counsel and served on the defendant by a huissier de justice (b…
• BAn informal registered letter sent directly by the plaintiff to the presiding judge
• CA verbal declaration made before the communal administrative district office (fokontany)
• DAn ex parte motion filed directly with the public prosecutor's office

What is the general rule of territorial jurisdiction (compétence territoriale) in civil matters under Malagasy civil procedure?

• AThe court of the place where the defendant resides or has their legal domicile (actor seq…
• BThe court of the place where the plaintiff's advocate maintains their principal office
• CThe Cour d'Appel of Antananarivo regardless of where the parties reside
• DThe court of the place where the plaintiff was born

What are the two cumulative statutory prerequisites for obtaining an urgent summary order from the juge des référés under Malagasy civil procedure?

• AUrgency and the absence of a serious substantive contestation on the merits (urgence et a…
• BThe written consent of the public prosecutor and a monetary bond of at least 10,000,000 A…
• CA prior final judgment of the Cour Suprême and a sworn affidavit of bankruptcy
• DA complete waiver of the right to an ordinary trial and immediate forfeiture of all appea…

What is the standard statutory time limit (délai d'appel) to file an appeal against an ordinary contradictory judgment rendered in a civil matter by a Malagasy Tribunal de Première Instance?

• AOne month (30 days) from the date of formal notification or service of the judgment
• BTen days from the date the judge orally pronounces the decision in court
• CSix months from the end of the judicial calendar year
• DThree years provided the party deposits an administrative guarantee

In civil procedure, what distinguishes a 'jugement contradictoire' from a 'jugement par défaut'?

• AA judgment is contradictory when both parties appeared or were validly represented; it is…
• BA contradictory judgment is rendered by three judges while a default judgment is rendered…
• CA default judgment is immediately final and cannot be challenged by any legal remedy
• DA contradictory judgment applies exclusively to state entities and never to private citiz…

What three cumulative conditions are required under Malagasy civil law for a prior judgment to have 'autorité de la chose jugée' (res judicata) barring a new action?

• AIdentity of parties acting in the same legal capacity, identity of cause (legal ground),…
• BIdentity of lawyers representing the parties, identity of the courtroom, and identity of…
• CIdentity of the presiding judge, identity of monetary currency, and written approval of t…
• DIdentity of witness testimony, identity of notary public, and registration at the commerc…

In civil litigation, what is the crucial procedural difference between an 'exception de procédure' and a 'fin de non-recevoir'?

• AAn exception de procédure must generally be raised in limine litis before any defense on…
• BAn exception de procédure terminates the lawsuit permanently, while a fin de non-recevoir…
• CA fin de non-recevoir can only be raised by the judge ex officio, while an exception de p…
• DAn exception de procédure applies only in criminal proceedings, whereas a fin de non-rece…

Which of the following legal remedies allows a third party whose rights are prejudiced by a civil judgment to challenge that judgment, provided they were neither a party nor represented in the proceedings?

• ATierce opposition (third-party opposition)
• BOpposition ordinaire
• CPourvoi en cassation
• DPrise à partie

Under what circumstance will a civil judge grant an ex parte order (ordonnance sur requête) rather than proceeding by summary inter partes summons (référé)?

• AWhen the applicant has a legitimate legal reason to ensure the measure is taken by surpri…
• BWhenever the plaintiff's advocate lacks the time to serve an assignation through a huissi…
• COnly when the defendant is a foreign diplomatic mission enjoying sovereign immunity
• DWhen the claim involves monetary debt exceeding 50,000,000 Ariary

What are the two cardinal procedural effects of an ordinary appeal (appel) properly lodged against a civil judgment under Malagasy law?

• AThe suspensive effect (suspending enforcement of the judgment unless provisional executio…
• BThe retroactive annulment of all first-instance briefs and the mandatory transfer to a co…
• CThe automatic disqualification of all trial attorneys and the appointment of public defen…
• DThe permanent extinction of all counterclaims and the conversion of the action into a cri…

Under the Malagasy Code de procédure civile, what distinguishes a procedural nullity for formal defect (vice de forme) from a nullity for substantive defect (vice de fond)?

• AA formal defect requires proof of a prejudice (grief) to justify annulment, whereas a sub…
• BA formal defect is punishable by imprisonment while a substantive defect results only in…
• CA formal defect can be raised at any time during cassation, while a substantive defect mu…
• DThere is no distinction; all procedural flaws in Malagasy law automatically invalidate th…

What is the legal character of a counterclaim (demande reconventionnelle) filed by a defendant in response to a civil lawsuit?

• AIt is an incidental claim whereby the defendant asserts their own affirmative substantive…
• BIt is an informal verbal complaint made by a bystander attending the public court hearing
• CIt is a criminal denunciation requiring the immediate remand of the plaintiff into custody
• DIt is a motion by the court clerk requesting the payment of registry transcription taxes

In civil litigation before the Tribunal de Première Instance and Cour d'Appel, what is the role and monopoly of an advocate concerning representation and oral argument?

• AAdvocates possess the statutory monopoly to assist, represent, and plead for parties befo…
• BAdvocates may only assist by whispering advice, but are strictly prohibited from addressi…
• CAny individual possessing a business license may freely represent another party for a fee…
• DRepresentation before the courts is restricted exclusively to active court bailiffs and n…

A creditor holding an enforceable civil judgment wishes to seize bank accounts held by the judgment debtor. What enforcement measure is employed under Malagasy civil execution law?

• AA saisie-attribution de créances served by a huissier de justice on the banking instituti…
• BAn informal text message sent by the creditor's advocate to the bank branch manager
• CAn immediate arrest warrant executed by the police against the bank's head of accounting
• DAn ex parte application to the Ministry of Commerce to freeze the debtor's passport

What is the statutory scope and function of a 'pourvoi en cassation' brought before the Cour Suprême / Cour de Cassation of Madagascar?

• AIt is an extraordinary remedy reviewing solely whether lower courts correctly applied the…
• BIt is a complete third-level trial where all witnesses are re-heard and new documentary e…
• CIt is an administrative inquiry conducted by executive civil servants to audit court tax…
• DIt is an automatic pardon procedure that vacates all monetary liabilities after two years

When a first-instance civil judgment is endowed with provisional execution (exécution provisoire), how may the appellant protect their client from immediate irreparable financial ruin pending appeal?

• AFile an urgent petition before the Premier Président of the Cour d'Appel to obtain a stay…
• BPhysically padlock the courthouse doors to prevent the clerk from issuing an executory co…
• CInstruct the client to flee the jurisdiction and transfer all personal assets abroad
• DFile a criminal defamation complaint against the trial judge

Which of the following constitutes a strictly limited statutory ground for lodging an extraordinary motion for revision (recours en révision) against an irrevocable civil judgment?

• ADecisive documents that were withheld and concealed by the adverse party are recovered af…
• BThe losing party changed their advocate and prefers to argue a new legal theory
• CThe presiding judge retired from the judiciary three months after issuing the verdict
• DThe market value of the real estate awarded in the judgment increased due to inflation

What is the necessary judicial proceeding to enforce a foreign civil or commercial judgment against assets located in Madagascar?

• AAn action for exequatur brought before the Malagasy Tribunal de Première Instance to veri…
• BAn informal translation submitted directly to a local commercial bank without court inter…
• CA request for diplomatic ratification submitted to the Ministry of Foreign Affairs
• DAn automatic administrative registration at the property registry (conservation foncière)

What procedural plea must an advocate raise when two different courts of equal competence are concurrently seized of the exact same lawsuit between the same parties?

• AAn exception de litispendance, requesting that the court seized second decline jurisdicti…
• BA demand for judicial liquidation of the adverse party's corporate assets
• CAn ex parte injunction ordering the arrest of the clerk of the second court
• DA fin de non-recevoir based on lack of pecuniary interest

In civil litigation, what is the crucial legal distinction between a 'désistement d'instance' and a 'désistement d'action'?

• AA désistement d'instance abandons only the current ongoing judicial proceeding while pres…
• BA désistement d'instance extinguishes the debt permanently, while a désistement d'action…
• CA désistement d'action is drafted by the judge, while a désistement d'instance is signed…
• DThere is no difference; both terms are interchangeable synonyms under the Malagasy Code o…

Under the Malagasy Code de procédure pénale (Loi n° 66-008 modifiée), who holds the exclusive constitutional and statutory authority to initiate and conduct public prosecution (action publique)?

• AThe Ministère Public (Parquet), composed of magistrates of the prosecution (procureurs)
• BThe private victim acting without any judicial oversight
• CThe chief bailiff of the local commercial court
• DThe provincial bar association acting on behalf of its members

What is the standard legal duration of police custody (garde à vue) for an ordinary criminal investigation under the Malagasy Code of Criminal Procedure?

• AA maximum of 48 hours, which may be extended once for an additional 48 hours upon written…
• BUp to thirty days without any prosecutorial notification or warrant
• CExactly six hours, after which the suspect must automatically be discharged regardless of…
• DAn indefinite period determined at the sole personal discretion of the investigating poli…

What is the procedural difference between a 'mandat de comparution' and a 'mandat d'amener' issued by an examining magistrate (juge d'instruction)?

• AA mandat de comparution simply summons the person to appear voluntarily, whereas a mandat…
• BA mandat de comparution orders immediate transfer to maximum-security prison, whereas a m…
• CA mandat d'amener is issued only against witnesses, while a mandat de comparution applies…
• DBoth warrants are identical in every respect and produce identical coercive police enforc…

For which category of criminal infractions is a preliminary judicial investigation (instruction préparatoire) conducted by a juge d'instruction mandatory under Malagasy law?

• ACrimes (serious felonies)
• BSimple administrative infractions (contraventions)
• CMinor civil trespasses
• DBreaches of labor hygiene standards

What is the precise legal definition and effect of a 'mandat de dépôt' issued by a competent judicial magistrate?

• AAn order directed to the warden of a prison facility to receive and detain the accused pe…
• BAn order directing the registry to deposit court fees into the central treasury
• CA temporary visa permitting a detained suspect to leave the national territory
• DA deed authenticating the transfer of real property during bankruptcy liquidation

Which guarantee does article 13 of Madagascar's Constitution extend to the preliminary-investigation stage before the police judiciaire or parquet?

• AThe fullness and inviolability of defense rights
• BA presumption that every suspect has confessed
• CA power for police to disapply statutes
• DAutomatic conviction whenever counsel is absent

Under what statutory conditions is a crime or offense considered 'flagrant' under the Malagasy Code of Criminal Procedure?

• AWhen the offense is being committed, has just been committed, or the perpetrator is pursu…
• BWhenever the suspect has a previous criminal record dating back ten years
• CWhenever the value of the stolen goods exceeds 100,000,000 Ariary regardless of when the…
• DWhen the offense is committed on a public holiday in the capital city

An advocate files a motion for provisional release (demande de mise en liberté provisoire) on behalf of a detained client. If the juge d'instruction issues an order denying the release, what legal remedy is available and before which court?

• AAn appeal before the Chambre de l'Instruction (Chambre d'Accusation) of the Cour d'Appel…
• BAn immediate civil lawsuit against the prison director before the labor tribunal
• CA request for diplomatic intervention directed to the United Nations Human Rights Council
• DA direct summons (citation directe) against the investigating judge for unlawful arrest