Law Society of Ontario (LSO) Paralegal Practice Exam

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What is the first step in developing the theory of the case?

Assess strength of opponent's case
Investigate the facts
Identify available evidence
Consider the remedy requested

The correct answer is: Investigate the facts

The first step in developing the theory of the case is to investigate the facts. This foundational stage involves gathering all relevant information and understanding the context surrounding the situation at hand. By thoroughly investigating the facts, a paralegal can identify key elements, ascertain what actually transpired, and discover any nuances that may influence the case's direction. This step lays the groundwork for formulating a coherent and compelling theory that can be tested against the evidence and arguments of the opposing party. Once the facts are established, it becomes easier to assess the strengths and weaknesses of both sides, identify available evidence, and consider potential remedies. However, without a firm grasp on the factual landscape, these subsequent steps may lack direction and focus. Thus, investigating the facts forms the essential first step in the case development process.