A. ETHICS AND PROFESSIONAL RESPONSIBILITY

1.  A _______ means that the existence of a substantial risk that the paralegal’s loyalty to or representation of a client would be materially and adversely affected by the paralegal’s duties to another client.

A.  Conflict of interest

B.  Duty to client

2.  Transfer between firms is provided for in _____

A.  Rule 3.05

B.  Guideline 9

3.  Paralegal relationship is ______

A.  Fiduciary

B.  Beneficiary

4.  Are fees and disbursements the same thing?

A.  No

B.  Yes

5.  Whose money is trust money?

A.  The client’s

B.  The paralegal’s

6.  A conflict of interest arises in each one of the following scenarios, except _____

A.  The paralegal is representing two or more persons and their interests become adverse to one another at some point

B.  Because of a financial interest, a paralegal’s ability to act in the client’s best interests is compromised

C.  The paralegal is involved in an outside activity that takes up a significant amount of her time and compromises her ability to exercise independent judgment for her clients

D.  The paralegal is representing a mentally challenged young minor client

7.  Which of the following are examples of scenarios in which a paralegal may choose to withdraw from representation as optional withdrawal, except ____

A.  The client refuses to accept and act upon advice from the paralegal on a significant point

B.  The client has failed to provide payment for disbursements and fees and would suffer no prejudice or harm by reason of withdrawal for non-payment of fees in a non-criminal matter

C.   It becomes clear that the paralegal’s continued representation will lead to a breach of the Paralegal Rules of Conduct 

8.  Each of these are the duties owed to an unrepresented party when providing legal services, except ____

A.  There are no duties that are owed to an unrepresented party by a paralegal

B.  The paralegal owes duties only to those parties who have formally retained him or her

C.  The paralegal shall not urge the represented party to obtain independent legal advice or/and representation 

D.  The paralegal shall make it clear to the unrepresented person that the paralegal is acting exclusively in the interests of the client and in a partisan manner. 

9.  After conducting an initial conflict search when contacted by a prospective client, the paralegal discovers that a potential conflict of interest may arise in future. Which of the following actions should the paralegal take?

A.  The paralegal should accept the retainer after satisfying herself that the conflict is unlikely to significantly prejudice the client

B.  The paralegal should decide that it is unnecessary to inform the client of the potential conflict because it will cause undue worry

C.  The paralegal should disclose the potential conflict to the client and provide sufficient details about the conflict to enable the client to make an informed decision about whether to retain the paralegal is in the client’s best interest in the circumstances

D.  The paralegal should inform the client that the paralegal must decline the retainer because of potential conflict of interest even if the client insists on providing informed consent

10.  Any of these are scenarios that create phantom clients. Which one is not one of them?

A.  Clarence calls your office and speaks to your secretary about a matter. He leaves his name and phone number. Your secretary assures him that you will call him later. You fail to call him because of a family emergency.

B.  Your cousin calls you in regards to recent termination of his employment. You inform him that you think he has a good case of constructive dismissal. You tell him that it would be better if he took legal action against his former employer. He tells you that he will contact you later if he decides to sue. He forgets to call you. The next time he calls, he asks you that the case is nearing limitation.

C.  Andrew meets with you at your office to consult about a tort action. Based on the information that he provides; you decide that this is a matter you must decline. You confirm your refusal to act on this matter by sending a non-engagement letter. 

11.  All of the following should be recorded in the valuable property record, except ____

A.  A description of the property

B.  The date when the paralegal took possession of the property

C.  The race of the client

D.  The value of the property; 

12.  All of these are the office procedures ensuring that client confidentiality is protected, except ____

A.  The screening for conflicts of interest when a potential client first contacts the office

B.  Taking steps to secure confidential information transmitted in electronic form

C.  Ensuring that all staff and students understand their obligations to hold client information in strict confidence

D.  Shredding some confidential information before discarding

13.  All these are rules pertaining to the marketing of legal services that the paralegal must comply with, with the exception of _____

A.  The marketing must be demonstrably true, accurate, and verifiable

B.  The marketing must be neither misleading, confusing, or deceptive, nor likely to mislead, confuse or deceive

C.  The marketing must assure the public that the paralegal is the best of his kind in the profession 

D.  The marketing must be in the best interest of the public and consistent with a high standard of professionalism 

14.  Pursuant to By-law 8 on report of criminal charges ____

A.  The paralegal must self-report to the Law Society in writing that the paralegal has been charged with a civil offence

B.  The paralegal must self-report to the Law Society in writing that the paralegal has been convicted of an indictable offence

C.  The paralegal must self-report to the Law Society in writing if the paralegal has been criminally charged with an offence initiated by private prosecution

D.  The paralegal must self-report to the Law Society in by phone if the paralegal has been criminally charged with an offence initiated by public prosecution

15.  All of the following are situations where a paralegal is prohibited from communication with a witness. Which one is not one of them? 

A.  After the paralegal’s own witness has been cross-examined by the opposing licensee, but before his or her witness has been re-examined

B.  The witness is called by the opposing licensee and has declined to speak to the paralegal after she has identified her interest in the matter

C.  The paralegal approaches the employees of an organization represented by another licensee who has not provided his or her consent to speak to them

D.  The paralegal has obtained consent from the opposing witness’ paralegal and the paralegal is asking the witness on anon-contentious issue 

B. JURISDICTION AND FUNDAMENTALS

1.  All public exercises of power must be authorized by and be in compliance with the law, informs ___

A.  Constitutionalism

B.  Rule of Law

C.  Institutionalism

D.  Parliamentary supremacy

2.  Which section of the Constitution Act, 1982, provides that the “Constitution is the supreme law of the land”?

A.  S. 52(1)

B.  S. 24(1)

C.  S. 91

D.  S. 92

3.  In Canada, a catalogue of guaranteed fundamental rights and freedoms is the _____

A.  BNA Act, 1867

B.  Charter of Rights and Freedoms

C.  Criminal Code

D.  Bill of Rights Act

4.  All these are rights and freedoms guaranteed in the Charter, except ____

A.  Property rights

B.  Equality rights

C.  Religious rights

D.  Freedoms of expression

5.  Canada has all these, except ____

A.  Dual executive system

B.  Bijural system

C.  Federal system

D.  Presidential system

6.  The Queen’s exercise of her powers through Ministers who serve at the confidence of the House of Commons is called ___

A.  Responsible government

B.  Conventions

C.  Parliamentary democracy

D.  Confidence vote

7.  Any of these are forms of delegated authority, except ___

A.  Administrative tribunals

B.  Adjudicators

C.  Prime Minister

D.  Regulations

8.  Parliament and provincial legislatures make or have ____

A.  Primary legislation

B.  Primary regulations

C.  Secondary legislations

D.  Parliamentary autonomy

9.  If a Minister or administrative tribunal exercises authority outside of its legislative power, it is ____

A.  Ultra vires

B.  Intra vires

10.  All of these are examples of public law in Canada, except ___

A.  Constitutional Law

B.  Administrative Law

C.  Family Law

D.  Immigration Law

11.  The law that defines rights and obligations is _____

A.  Substantive Law

B.  Procedural Law

C.  Law of Larches

D.  Human Rights Rules

12.  Provincial courts are also known as ___

A.  Trial courts

B.  Appellate courts

C.  Superior Courts of Justice

D.  Courts of first instance and reference

13.  Examples of administrative tribunals in Ontario include all these, except ___

A.  Labour Relations Board

B.  Health Services Appeal and Review Board

C.  Small Claims Court

D.  Human Rights Tribunal

14.  Under the Superior Courts of Justice, who is responsible for appointing and paying judges?

A.  The provincial government

B.  The federal government

C.  The Supreme Court of Canada

D.  The Parliament

15.  Provincial superior courts are able to hear and decide every kind of disputes, this may be referred to as ____

A.  Inherent jurisdiction

B.  Exclusive jurisdiction

C.  Fettered jurisdiction

D.  Shattered jurisdiction

C. CIVIL LITIGATION

1.  Each of these is one of the three elements one should establish to succeed at proving Negligence, except ____

A.  Wrongful act

B.  Breach of fiduciary duty

C.  Causation

D.  Harm

2.  If a previous duty of care has not been recognized, the court will apply the two-part test, namely ____

A.  Anns Test; policy reason

B.  Prima facie case; Anns Test

3.  The standard of care under Negligence is usually that of a _________ person

A.  Reasonable and prudent

B.  Mentally capable and adult

4.  Special standards of care apply in all these situations, except ____

A.  Reasonable person

B.  Disabled person

C.  Children

D.  Professionals

5.  The “But for” Test is ______

A.  Causation-in-fact

B.  Causation-in-law

6.  The rule that provides that a defendant must take his victim as he finds him is called ____

A.  Thin-skull

B.  Egg-shell

7.  The purpose of _______ in Negligence is to place the plaintiff back in the place he or she would have been had the tort not been committed.

A.  Compensatory damages

B.  Punitive damages

8.  Each of these is a possible defence to Negligence, except _____

A.  Provocation

B.  Contributory negligence

C. Voluntary Assumption of Risk (Volenti)

9.  To succeed against a manufacturer for negligent design or manufacture, the plaintiff must establish all these, on a balance of probabilities, except ____

A.  The design was faulty

B.  The product contained a defect

C.  The manufacturer owed a duty of care

D.  The manufacturer conduct fell below the standard of care

E.  The breach caused the plentiful’ s injury

F.  The injury was reasonably foreseeable

10.  All these are the four general requirements underlying intentional torts, except _____

A.  Duty of care

B.  Directness

C.  Volition

D.  Capacity

E.  Intention

11.  Each of these are examples of torts of intentional interference with the person, except ____

A.  Negligence

B.  Battery

C.  Assault

D.  False imprisonment

12.  If one causes severe mental suffering on another, a tort of _______ may have been committed.

A.  Intentional infliction of nervous shock

B.  Intentional infliction of mental shock

13.  The two most common defences to intentional torts are _____

A.  Consent and self-defence

B.  Defence of others and defence of property

14.  The primary remedy for intentional torts is _____

A.  Damages

B.  Equitable relief

15.  All these are examples of intentional interference with chattels, except _____

A.  Trespass to land

B.  Trespass to chattels

C.  Detinue

D.  Conversion

16. _____ is the process of interim recovery of one’s chattels before the judicial proceedings commence.

A.  Replevin

B.  Recaption

17.  Is Vicarious Liability a form of Strict Liability?

A.  Yes

B.  No

18.  The three basic elements of a contract are _____

A.  Offer; acceptance; and consideration

B.  Offer; capacity and intention to create legal relations

19.  If a contract is uncertain or is contrary to public policy, it is _____

A.  Invalid

B.  Impossible

20.  Who at common law lacked the capacity to contract?

A.  Minors and mentally incapable people

B.  Senior citizens and temporarily insane people

21.  A clause that excludes or limits a party’s liability in the event of breach is called ____

A.  Exclusionary clause

B.  Exculpatory clause

22.  The case of Queen v. Cognos Inc. speaks to the elements of ____

A.  Negligent misrepresentation

B.  General misrepresentation

23.  Only parties to a contract can enforce it informs _____ of contract

A.  Privity

B.  Privative

24.  Failure to comply with a covenant or condition in a contract may lead to ____

A.  Relief from forfeiture

B.  Rescission

25.  The employer’s level of control over the worker’s activities may determine ____

A.  Whether the relationship is one of employee v. independent contractor

B.  Whether the relationship is one of employee v. dependent contractor

26.  All these are employment relationships, except ____

A.  Parent

B.  Director

C.  Partner

27.  The employee has the obligation and duty to ____

A.  Fidelity and good faith

B.  Fidelity only

28.  Minimum standards of employment are provided for in the ____

A.  Employment Standards Act

B.  Pay Equity Act

29.  Do employers in Ontario have the duty to protect employees against discrimination?

A.  Yes

B.  Sometimes

C.  No

30.  Which of the following is excluded from Employment Standards Act (ESA)?

A.  Judicial workers

B.  Construction workers

31.  Which statute addresses the prevention of injury and disease in the workplace?

A.  Occupational Health and Safety Act (OHSA)

B.  Human Rights Code (Code)

32.  The right to refuse work is contained in _____

A.  Section 43(3) of OHSA

B.  Section 134.1(4) of OHSA

33.  Which two statutes protect employees against workplace harassment?

A.  OHSA and the Human Rights Code

B.  The Human Rights Code and Criminal Code

34.  Mr. Bush’s office is located on a tenth floor of an old building without elevators. Mr. Bush has several clients in wheelchair. Mr. Bush may be found not in compliance with ____

A.  Accessibility for Ontarians with Disabilities Act (AODA)

B.  Ontario Human Rights Code

35.  All these determine reasonable notice except _____

A.  Gender of employee

B.  Character of employment

C.  Age of the employee

D.  Availability of similar employment

36.  How much notice should an employee who has been working for three months be entitled to under ESA?

A.  2 weeks

B.  One week

37.  To qualify for severance pay an employee should be working for _____

A.  At least five years

B.  For three and half years

38.  The employer can legally terminate employment _____

A.  Without just cause

B.  For just cause

39.  Making a change to an implied or express term of the employment contract that a reasonable person in the shoes of the employee would view as substantially altering an essential term of the contract is called ____

A.  Constructive dismissal

B.  Wrongful dismissal

40.  A creditor can find out about a debtor’s current financial circumstances in order to enforce a judgment through ____

A.  A writ of seizure 

B.  A writ of sale of land

C.  Judgment Debtor examination

D.  Garnishment

41.  The Ontario Provincial Police (OPP) stops a man on Highway 401. Upon review of his Driver’s License and asking Darius a few questions, the OPP officer finds out that he is an aboriginal man who lives on the reserve and he is travelling to Kitchener. Darius is give a ticket and he approaches you for legal advice.

A.  The OPP have no jurisdiction to charge him because of section 91 (24)

B.  The OPP have jurisdiction to charge him because of section 91 (27)

C.  The ticket is valid under section 92 (13)

D.  The division of powers does not apply to the OPP

42. _______ explains what the hearing is about and allows sufficient time to prepare to address the issues that may be raised at the hearing.

A. Adequate notice

B. Judicial review

C. Disclosure of all documents

D. Tribunal’s practice directions

43.  The three types of partnerships that are allowed and recommended in Ontario are:

A.  Limited Partnership, practice partnership and corporate partnership

B.  Corporation, partnership, Sole Proprietorship

C.  Professional corporation, numbered companies, Limited Liability Partnership

D.  General Partnership, Limited Partnership, and Limited Liability Partnership

44.  All of the following regarding a Sole Proprietorship are correct, except _______

A.  It is the easiest form of business to set up

B.  There is no legal separation between the person and the business

C.  A Sole Proprietorship is created as soon as someone opens a business that interacts with the public and may use their own name for the business 

D.  The personal assets of the sole proprietor are never at risk if the business is sued

45.  If a contact with a minor is for the necessities of life, _____

A. It is defective

B.  It is unenforceable ab initio

C.  It is enforceable at law

D.  It is against public policy

46.  Which of the following statements is correct with regards to a Limited Partnership?

A.  It has one or more general partners and one or more limited partners 

B.  It is a general partnerships

C.  It is a legal entity created by the partners with limited liability coverage 

D.  It relies on a partnership agreement to enforce the oppression remedy 

47. Bill states, “It is a fact that this medicine can cure migraine headache” to Guy, who has asked for medicine that can cure acute headaches. Guy has no way to verify this claim, as there is “no time to delay otherwise his daughter might relapse” and he must get home and give her the medicine.  Bill’s statement is a ______

A.  Condition but not warranty

B.  Warranty but conditional

C.  Material representation

D.  Condition precedent but not condition subsequent

48.  A person or persons who organize the corporation and file the Articles of Incorporation is/are called ____

A. An incorporator

B. A shareholder

C. A director

D. A subscriber

49.  Which of the following is the least accurate statement with regard to the role of agents?

A.  An agent acts on a principal’s behalf in an interaction with a third party and affects the legal interests of the principal

B.  An incorporator who signed a pre-incorporation contract will be personally liable if the corporation does not come into existence.

C.  All partners are agents of their partnership

D.  If an agent is made aware of the scope of his or her authority, the principal is unlikely to be found liable for contracts made with third parties outside the scope of authority

50.  When examining the “pith and substance” of a law, the courts will look at all of the following, except ____

A.  The main thrust or true subject matter of the legislation

B.  Whether it is passed by the senate

C.  How the law as a whole affects those who are affected by it

D.  The text of the law, including the preamble

51.  Ackim buys a computer product from Cobco Inc. and discovers that its packaging resembles a similar product bought by his sister, Clementine, from Apeco Ltd. Cobco and Apeco are known competitors. Ackim opines, “Either Cobco or Apeco designed this product with the hope that consumers will mistake it for the competitor’s.” Name the tort involved in question.

A.  Intentional negligence

B.  Unintentional tort

C.  Conversion

D.  Passing off

52. Which of the following is not true regarding the tort involving personal property?

A.  The wrongful possession of a physical object that belongs to another person is the tort of detinue

B.  Taking a person’s bike and selling it to a third party would qualify as the tort of conversion.

C.  Borrowing a neighbour’s bicycle and refusing to return it would qualify as a tort of conversion

D.  Borrowing a neighbour’s lawn-mower and refusing to return it would qualify as a tort of theft

53.  A statement, thus, “The reasonable possibility that information will be useful to the accused in making full answer and defence,” refers to ____

A.  The test for relevance of evidence

B.  The test for materiality of evidence

C.  The threshold test for admissibility of hearsay evidence

D.  A relative possibility that information will be useful to the accused in making full answer and defence

54.  Which of the following would be a Schedule 2 employer for Workplace Safety and Insurance Board (WSIB) purposes?

A.  Toronto District School Board

B.  BG Mining Ltd.

C.  Walmart Ltd.

D.  Legislative Assembly of Ontario

55.  Joseph and Kevin have successfully negotiated and settled on a price in the sale of Kevin’s horse-breeding farm and they have shaken each other’s hands. What else should Joseph do pursuant to the Statute of Frauds in order to validate the contract?

A.  He should pay a deposit to Kevin

B.  He should ensure that he has enough money to purchase it so that there is no breach of contract 

C.  He should obtain a written agreement 

D.  He should inspect the property for latent defects

1. Read, Read, Read

Read the materials as many times as you can possibly read. The Law Society of Ontario (LSO) designs questions based on the materials presented to the candidates. All the questions that LSO prepares come from the same materials. Reading the materials is the first step towards acing the PLE.

2. Become One with the Materials

The PLE is an open-book exam. This means that the materials will be available to the examination-taker. However, this is also the danger of having an open-book exam. The candidate taking the exam should not depend on the materials during the licensing exam. The materials should have been internalized (or what may be termed “becoming one with the materials”) before the exam day. 

Internalizing the materials ensures that the candidate will not depend on the materials for answers. If the candidate is still dependent upon the materials during the exam, valuable time will be wasted attempting to locate the appropriate pages and searching diligently for the answers. Becoming one with the materials enables the candidate to quickly locate the possible answers without trouble. 

3. Know the Materials

The candidate must study to know the materials. What sets this exam apart from most standardized exams is that the content of the exam is already provided. The candidate is only attending the exam to elicit the best responses to the questions provided. The secret, therefore, is in reading, knowing and understanding the materials before the exam. The candidate, who has read and known her materials well, will not waste valuable time during the exam searching for answers from page to page.

4. Relax

When a candidate has read the materials, known them and internalized them, she will be rest assured that when a question shows up in the exam, she will not waste time going everywhere. She will be able to maximize time and, therefore, select as many correct responses as possible. She will also be restful throughout the entire exam. Relaxing and not panicking, is a very durable strategy. Every correct response counts. It is more important to capitalize on maximizing correct responses than to avoiding the wrong ones.

The correct strategy may include the following dos and don’ts:

Dos:

·  Read the instruction first before attempting the question

·  Answer only the question being asked

·  Skip any question that might reasonably take more than 30 seconds of your time trying to figure out the response

·  Move on to the next question if you cannot reasonably answer the current question without wasting time; mark the skipped question or bubble-in the letter of the day in case you run out of time. (If you run out of time at the end of the exam, return to each question you skipped and bubble-in with only one same letter, so-called your lucky letter or the letter of the day).

Don’ts:

·  Do not attempt the difficult questions first

·  Do not spend more time attempting to make a question work 

·  Do not import your outside understanding into the question; everything asked for is in the materials

·  Do not use the exam as a study exercise; the materials are only to be consulted when you have doubt or you need to confirm a response.

6. Make It a Full-Time Job

You cannot give only a lame commitment to your licensing examination quest. Make it a full-time job. If you cannot do so, consider deferring to another licensing exam date. The Law Society provides three chances for taking the examination: February, August, and October. You need to spare, at a minimum, two full months (or eight weeks) to the preparation for the exam. Below is the proposed eight-week schedule for acing the licensing exam. This is only a suggestion; individual circumstances may vary.

Proposed Schedule:

Week 1: Skim through the materials; 

Purchase the Answer Bank

·  Read the licensing materials at least twice 

·  Do not pay any particular attention to any question/s

Focus: to have a general feel of the materials 

Week 2: Read for structural understanding

·  Read the licensing materials at least twice 

·  Pay particular attention to the general organization of the materials

Focus: to understand how the materials are ordered, structured or organized

Week 3: Read for functional understanding

·  Read the licensing materials once 

·  Pay particular attention to rationale and substance 

·  Understand the distinctions among ethics and professional responsibility; fundamentals of law and jurisdiction matters; criminal and quasi-criminal offences; civil litigation; provincial or regulatory offences; alternative dispute resolution mechanisms; and administrative law.

Focus: to understand the law’s substance

Week 4: Read for content absorption

·  Read the licensing materials once 

·  Pay particular attention to the content of each section 

·  Go deep into the heart of each section and understand its content

Focus: to know the law

Week 5: Read for content analysis

·  Read the licensing materials at least twice 

·  Pay particular attention to types of questions you may encounter 

·  Skim through the questions contained in this book and gauge how many questions you may answer at a glance

Focus: to know and retain the law

Week 6: Read for self-assessment

·  Read the licensing materials once 

·  Attempt the questions in this book without referring to the materials or the suggested answers in the Answer Bank.

·  Time and ascertain how long it takes you to complete the assessment

Focus: to know, retain and be one with the content

Week 7: Answer the questions

·  Do not read the licensing materials 

·  Attempt the questions in this book 

·  Make sure it takes you, at most, 30 seconds on each question

·  Compare the answers in the Answer Bank with your own responses

Focus: to ace the questions in this book

Week 8: Read the materials

and answer the questions

·  Read the licensing materials once

·  Review questions you find problematic; use the Daily Planner spaces from page 330 for your convenience.

Focus: to ace the questions in this book and to pass the licensing exam

The Law Society tests on both the understanding of the principles of law and their application in particular situations. Most of the principles may not be stated categorically but they could easily be inferred in the set of anecdotes (small narratives or story passages or factual situations) designed for analysis. The knowledge of both the legal principles and their application in context is required. Therefore, a keen candidate must read, understand, know and become one with the principles contained in the materials. The candidate should also be prepared to identify such principles in the question sets and be ready to correctly choose the best answer.

The author of this book has designed questions that meet both the principle retention and the practical application of the law. Some questions in this book may have only two choices, and others four, and still others more than four. Questions with fewer choices are meant to highlight the principles, and those with more, the application of the principles.

Twenty-two Important Tips to Remember:

1.  Know the venue of the exam ahead of time.

2.  Have all the requirements way in advance so that you do not panic at exam day.

3.  During the exam, relax and try not to be distracted; read the question first to understand what it wants you to do. Then read the options. Use the process of elimination (POE) if you cannot easily find the correct response.

4.  Remember that some questions may be framed around a story; your job is to understand what aspect of ethics is concerned. For example, a paralegal will be trying to see if he can deposit trust money into his general account. Your obligation is to know that client moneys must be deposited into a trust account.

5.  Give all the topics 100 percent of your time and concentration. But give accounting and trust accounts more time. Read and understand which records, for example, need to be kept for six years or ten years. 

6.  The exam is open-book, but you cannot take out any book you use in the exam. Organize your notes well so that you can know where to go should you need to make  a reference. Note that this will not help you much if you did not read the materials and understood them.

7.  Read and follow LSO instructions regarding what you can/cannot 

bring to the exam. Even if it seems unreasonable, follow the instructions.

8.  Plan to get there early. Yes, really early. 

9.  Avoid mingling with stressed out students. They may demoralize you and ruin your confidence.

10.  Organize the materials you are taking to the exam. Having some sort of a table of contents that shows you where the information you need the most is located, can help. 

11.  Expect to wait a minimum of 2-3 weeks for your results.

12.  Do not expect to get a mark on how you did. Those who fail the PLE may request from the Law Society a record of how they performed in each section of the PLE.

During the Exam

13.  Stick to your time management plan. If you think that a question will take more than 1.5 minutes to answer, consider skipping it until the end. Each question you answer in less than a minute and a half adds time to your time bank, and you can decide how to allocate that “extra” time at the end of the exam.

14.  Look up answers to questions dealing with fine details in the materials, but if you understand and know the materials, there will be no need to  look up the answers for most questions.

15.  If it is permitted, consider bringing a pack of small sticky-note markers to the exam with you so that you can mark questions that you have skipped, and then return to them quickly when you are ready. This is assuming that you are taking a paper exam.

16.  Be careful filling out the scantron exam sheet (the one with the little bubbles to fill in). Check regularly to make sure that you have filled in the bubble that matches the question number. It’s easy to forget that you skipped a question and end up with the filled in dots misaligned. If the licensing exam is taken digitally because of the Covid-19 pandemic, remember to be due diligent in completing each question before you move on to the next.

17.  Standardized tests are meant to be objective, not subjective. Your opinion, therefore, does not count. What matters is that you are recognizing the right answers.

18.  Read the question, answer what it asks. Don’t answer what you think it asks. Don’t answer what it implies. Just answer the question asked and move on to the next one.

19.  If you are stuck on a question in ethics, think of LSO’s mandate: To protect the public. Consider the client in the question to be the Public. Which answer gives the client the most protection? Which answer gives the client the most help? Which answer makes sure that the client gets the most/best information? The answer that does one or all three of the above is likely to be the best answer.

20.  Maximize the raw scores. The exam is set in such a way that only correct scores count. So, concentrate on getting the easy, doable questions first (you can easily control this process if you are taking a paper exam. Taking it digitally may prove challenging but stay on course and stick to your strategy). In the early seconds of the exam, scan or skim through the questions and choose those that seem easily doable. Do those first. The more questions you get right, the better placed you are to acing the licensing exam. 

If you find a question difficult, do not waste time trying to make it easy, bubble-in a letter of your choice in the answer booklet (if paper exam) and move on (but mark it so that if you have extra time at the end, you could return to it; if you run out of time, the bubbled-in answer remains). This strategy should work with the digital exam as well. Always go in the exam with your “lucky letter of the day.” When the five-minute call is made or you are prompted to drop the pencil or to stop working, you would have bubbled in the letter of the day. Remember, you pass the exam by maximining the raw scores. Therefore, any raw point counts and may be the difference between acing the exam or failing it.

The secret is also the most commonsensical thing to do, DO NOT LEAVE ANY QUESTION BLANK OR UNDONE, EVEN IF YOU HAVE RUN OUT OF TIME, FILL EACH BLANK OR QUESTION WITH A BUBBLED-IN LETTER OF THE DAY. If anyone of those guesses had the letter of the day as the correct answer, you would have moved closer to acing the exam than if you left it blank or undone.

Ultimate Companion

21.  Time is your ultimate companion. Most people fail the licensing exam because they fail to manage time efficiently. You must manage time well before and during the exam. There is no better helper in your licensing process than early preparation. Purchase your licensing materials in good time. This gives you flexibility and puts your expectations in check. There is no question from the  licensing exam that does not come from, or is not based, on the materials from LSO. One thing you will be 100 percent sure of is that you have the exact resources you will need to succeed. Therefore, using the tips provided in this book, plan your battle early and well.  

Every second counts and the earlier you begin reviewing and studying the materials the better.  As advised in this book, make writing the licensing exam your full-time job. Devote time to it and start your preparations early.

All Under One Roof

22.  The design of this book is such that you have everything you need to ace the PLE under one roof. The questions provided in this book meet both the PLE standards and provide extra resources to help you  pass.  They even do more; they can be used after you become a licensed paralegal in real practice. 

This book has two useful interactive tools to make the candidate’s preparation experience worthwhile. First, both the Table of Contents at the beginning of the book, and the Index at the end of the book, provide ready references and navigation aids to access topics and the content.   

And second, there are 22 blank pages dubbed the Daily Planner.  In these pages, the candidate can plan and execute their strategy for acing the PLE. Everything the candidate needs to maximize their time and chances to ace the PLE are contained in this book except the answers to the questions. The answers are found in a companion booklet. Purchasing details are provided at page 377.

PURCHASE OVER 500 QUESTIONS HERE

PURCHASE ANSWERS TO THE QUESTIONS HERE

D. CRIMINAL LAW

 
1.  In which section of the Constitution Act, 1867, are the provincial powers contained?

A.  91

B.  92

2.  In which section of the Constitution Act, 1867, are the federal powers contained?

A.  91

B.  92

3.  An adult, for the purposes of criminal procedure, is ___

A.  18 years or older

B.  16 years or older

4.  Which statute governs criminal procedures for young persons (12 years old but less than 18 years)?

A.  Criminal Code

B.  Youth Criminal Justice Act

5.  Which statute governs criminal substances for young persons (12 years old but less than 18 years)?

A. Criminal Code

B. Youth Criminal Justice Act

6.  A paralegal may act for an accused charged with a pure summary conviction offence. According to s. 787(1) of the Criminal Code the penalty involves _____ 

A.  Maximum fine of $5,000 and to a term of imprisonment of not more than two years less a day

B.  Minimum fine of $5,000 and six-month term of imprisonment

7.  John Banda is a 60-year-old man who resides in a relatively quiet neigbourhood. One day, he got drunk and he stood outside of his house and started yelling at Bruno Izebet, his neighbour. Another neighbour, Makolo Makewani,  called police and reported that the shouts were disturbing the entire neighbourhood. When police arrived, they discovered a gun on the ground nearby. The people across the street said that they heard the yelling and a noise that sounded like a firecracker, but they are used to John’s antics, and they ignored him. What is the Crown likely to be able to prove?

A.  Contravention of s. 177 of the Criminal Code of Canada

B.  Contravention of s. 88 of the Criminal Code of Canada

C.  Contravention of s. 175 (1) (i) Criminal Code of Canada

D.  Contravention of s. 175 (1) (d) of the Criminal Code of Canada

8.  Jen Luigi is from Italy and is visiting her boyfriend in Calgary, Alberta. One night she gets into an altercation with Luke Paul, her Canadian boyfriend. Luke’s roommate calls the police and Jen is detained upon arrest. Jen is charged with assault with a weapon. At the detention review, the Government argues, thus, “If released, Jen would not attend the next detention review.”  What ground does the Government seek in order to justify Jen’s continued detention? 

A.  Tertiary Ground

B.  Primary Ground

C.  Secondary Ground

D.  Habeas Corpus

9.  Kendasha is a licensed paralegal, and is being charged with fraud, as well as being sued by her clients for theft of trust funds. The police have executed a search warrant and seized her bookkeeping ledgers, journals and files. Which of the following statements is true?

A.  These things have not been admissible as exceptions to the hearsay rules for many years under the common law

B.  These things if introduced into court are not be hearsay

C.  These things are admissible as evidence even if the person who made the entries is available to testify to them

D.  These things may not be admissible as exceptions to the hearsay rule because of the effect of the Ontario Evidence Act

E.  These things may not be admissible as exceptions to the hearsay rule because of the effect of the Canada Evidence Act

10.  Kimberly is angry with her husband, Thierry. She picks a bottle of pickles and throws it hard at Thierry. Thierry, who did not expect that Kimberly would throw a bottle at him, is hit on the forehead and begins to bleed. Thierry is taken to the hospital and he is treated. What crime, if any, and what section of the Canadian Criminal Code, if any, does Kimberly contravene? 

A.  Assault; 265 (1) (a)

B.  Death or bodily harm; 264.1 (1) (b)

C.  Prohibited conduct; s. 264 (2) (a)

D.  Attempted threats; s. 265 (1) (b)

11.  What are inchoate crimes?

A.  They do not require the full completion of the intended criminal act

B.  They are not attempted offences

C.  They do not require solicitation

D.  They do not require conspiracy

12.  Which of the following correctly states a Charter right? 

A.  Every search that violates a Charter right will result in the exclusion of evidence

B.  A person who is charged with a crime is called a suspect under the Charter

C.  The right to remain silent is expressed in the words of the Charter

D.  A search can be unreasonable even if it was conducted based on a valid search warrant under the Charter

13.  A suspect in a criminal proceeding cannot validly consent to a search without ____

A.  Knowing she is a suspect

B.  Explicitly consenting

C.  Knowing what she is consenting to

D.  Having permission of a home owner

14.  Part ____ of Criminal Code sets out the procedure for the prosecution of summary conviction offences.

A.  I

B.  XIV

C.  XX

D.  XXVII

15.  What do we call the sentencing principle that is aimed at discouraging the public from committing a similar offence? 

A. Specific deterrence

B. Rehabilitation

C. Reparation

D. General deterrence

E. CONTROLLED DRUGS AND SUBSTANCES ACT

1.  A substantial percentage of charges before the criminal courts arise from four offences (possession, trafficking, importing, and production of drugs) set out in the ______

A.  The Criminal Code

B.  The Controlled Drugs and Substances Act

2.  How many drug schedules in the Controlled Drugs and Substances Act divided into?

A.  3

B.  4

3.  Section _______ of the Controlled Drugs and Substances Act (CDSA) makes it an offence to possess any substance set out in Schedules I, II and III of CDSA.

A.  4(1)

B.  1(4)

4.  Section _____ of the CDSA makes it an offence for a person to seek or obtain certain controlled substances or an authorization to obtain such substances from a practitioner unless the person discloses particulars relating to the acquisition or authorization from any other practitioner within the previous 30 days.

A.  4(1)

B.  4(2)

5.  Any of these is a controlled substance in Canada, except ____

A.  Marihuana

B.  Cannabis

C.  Penicillin

D.  Tylenol

F. PROVINCIAL/MOTOR VEHICLE OFFENCES

1.  The Provincial Offences Act (POA) is a _______ statute for the administration, prosecution and enforcement of regulatory offences.

A.  Procedural

B.  Substantive

2.  Statutes whose procedures are governed by the POA are collectively referred to as ____

A.  Charging acts

B.  Procedural acts

C.  Substantive documents

3.  The POA contains ____ parts. Part ____ applies to all provincial offences of less serious nature and which are commenced by ________. Part II offences apply to _______. And Part III offences are of serious nature and are commenced by a(n) ______.

A.  X; III; certificate of offence; parking infractions; information

B.  X; I; certificate of offence; parking infractions; information

4.  Which part of the POA provides for common-law defences and evidence?

A.  Part IV

B.  Part V

C.  Part VII

D. Part IX

For Questions 5 – 10

Pauline is charged with speeding under Part I of the POA. Pauline’s charging document indicates that she would have to pay a fine of $400. 

5.  Pauline is likely served with ____

A.  Summons

B.  Offence Notice

C.  Certificate of Offence

D.  PIN

6.  $400 is the _____

A.  The cost of administration

B.  Surcharge fee

C.  Set fine

D.  Consequential fee

7.  Pauline has three options: to plead guilty, plead guilty with submissions, or dispute the charge. If she decides to dispute the charge, in how many days is she required to exercise that right?

A.  30

B.  7

C.  15

D.  20

8.  Pauline failed to exercise any of the three options available to her. 

A.  Pauline is convicted in an ex parte trial

B.  The Justice of the Peace may convict Pauline in absentia if the certificate of offence is complete and regular on its face

C.  The court must send Pauline a Notice of Intention to Convict (NIC) straight away

D.  Pauline must complete a Notice of Intention to Appear (NIA)

9.  If the provincial offences officer did not serve Pauline with the Notice of Offence at the scene at the time of the alleged offence, the officer must have served Pauline personally within ____ days.

A.  30

B.  15

C.  7

D. 14

10.  Upon conviction, Pauline could not be fined ____

A.  More than $400

B.  More than $1,000

C.  Any amount between $400 and $5,000

D.  Less than $5,000

BONUS QUESTIONS

CIVIL LITIGATION

QUESTION & ANSWER

1. John is conducting legal research. He comes upon a common-law precedent that is on point, but he also discovers that there is a specific statutory fairness requirement on the issue. John believes that the statute sets out a more specific fairness requirement than the common law in this case. Accordingly, ___

A. John must follow the statutory requirement

B. John must substitute the statutory requirement with the common-law

C. The common-law requirement always takes precedence

D. The common-law requirement will not take precedence unless it is more onerous

2. Kennedy receives a disclosure package from the tribunal. If it has to infringe Kennedy’s limit on the right to notice, it should ___

A. It should always include a disclosure of evidence requirement

B. It should not always include a disclosure of evidence requirement

C. Tribunals do have the power to require disclosure of particulars

D. Kennedy must have been provided with sufficient time to prepare

3. What describes the following purpose?

“To give parties the chance to challenge the evidence given by the other side’s witnesses. To test the character of the witnesses. And to present the facts of the case.”

A. The purpose of cross-examination

B. The purpose of examination-in-chief

C. The purpose of direct examination

D. The purpose of re-examination

4. These were the instructions a judge gave to Gabbie when she appeared for the first time to argue a case before the court: “Your client has the right to cross examine, to present evidence, and to be heard in a timely manner.”

The judge’s instructions inform ____ 

A. The right to be heard

B. The right to appeal

C. The right for judicial review
 

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