Law Society of Ontario (LSO) Paralegal Practice Exam

What is the primary consideration for a trier of law when instructing the trier of fact?

1. The precise facts of the case

2. The applicable laws and legal standards

3. The opinions of the witnesses

4. The strategies of the attorneys involved

The correct answer is: The applicable laws and legal standards

The primary consideration for a trier of law when instructing the trier of fact is the applicable laws and legal standards. This is because the trier of law's role is to ensure that the trial is conducted in accordance with the law, guiding the trier of fact on how to apply legal principles to the facts presented in the case. When providing instructions, the trier of law clarifies the relevant legal frameworks, standards of proof, and the necessary elements that must be established for claims or defenses to succeed. This legal backdrop helps the trier of fact—typically a jury or judge acting as the fact-finder—to focus on the evidence presented and make decisions that comply with the law. Though the precise facts of the case, witness opinions, and litigation strategies may influence the outcome, they do not shape the legal framework or applicable standards that the trier of law must impart to the trier of fact. Without a clear understanding of the legal context, the fact-finders may struggle to properly weigh the evidence or apply the law correctly in their decision-making process.