Law Society of Ontario (LSO) Paralegal Practice Exam

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What does structural injunction encompass?

  1. A prohibition against future actions

  2. A requirement for specific actions to be taken with oversight

  3. Completely halting a person’s activities

  4. Simple remedies without judicial review

The correct answer is: A requirement for specific actions to be taken with oversight

The concept of a structural injunction primarily relates to situations where the court requires that specific actions be taken, often with ongoing oversight to ensure compliance. This type of injunction is commonly applied in cases where systemic issues exist, such as in institutional reform scenarios, where simply stopping certain behaviors or actions may not effectively address the underlying problems. Structural injunctions are particularly relevant in cases involving complex legal issues, such as civil rights violations or environmental regulations, where the court may need to monitor the implementation of required changes over time. This ongoing oversight ensures that the mandated actions are executed appropriately and that the injunction's objectives are fully realized, fostering accountability and adherence to the court's orders. In contrast, other options may not reflect the nuances and structured nature of a structural injunction. A mere prohibition against future actions focuses solely on preventing specific conduct without necessarily addressing the need for proactive steps to remedy a situation. Completely halting a person’s activities implies a more absolute restriction that does not embody the proactive nature of structural injunctions. Lastly, simple remedies without judicial review do not align with the sophisticated and monitored process inherent in structural injunctions, which often require ongoing judicial oversight to be effective.