Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is an indicator that evidence may be more prejudicial than probative?

1. It provides a clear example of the main issue

2. It leads to irrational conclusions

3. It supports the arguments of both parties equally

4. It is presented in a straightforward manner

The correct answer is: It leads to irrational conclusions

When assessing whether evidence may be more prejudicial than probative, one critical consideration is the potential for the evidence to lead to irrational conclusions. This is particularly important in legal contexts, as evidence that prompts the jury or judge to form an emotional rather than a rational response can detract from the integrity of the decision-making process. If evidence is so impactful that it risks overshadowing the facts of the case and skews the perspective of those assessing it, then it becomes a concern in terms of its prejudicial effect. In contrast, evidence that provides a clear example of the main issue (the first choice) typically serves to illuminate and clarify the relevant facts of the case, enhancing understanding rather than detracting from it. Similarly, evidence that supports the arguments of both parties equally (the third choice) tends to highlight the complexity of the matter and does not lend itself to bias towards one side over the other. Lastly, evidence that is presented in a straightforward manner (the fourth choice) is generally beneficial, as clarity in presentation aids in the comprehension of the facts and arguments at hand. Thus, it is the potential for evidence to lead to irrational conclusions that serves as a key indicator of its prejudicial versus probative nature, rendering this option the most accurate