Law Society of Ontario (LSO) Paralegal Practice Exam

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Which of the following represents a type of party under disability in legal proceedings?

  1. Corporations

  2. Minors in all cases

  3. Persons mentally incapable with a guardian

  4. Foreign nationals working in Ontario

The correct answer is: Persons mentally incapable with a guardian

The designation of a party under disability in legal proceedings typically refers to individuals who are unable to fully participate in legal matters due to certain limitations. In this context, persons who are mentally incapable and have a guardian represent a clear example of a party under disability. This is because their mental incapacity affects their ability to understand or engage with the legal process effectively. The involvement of a guardian is essential as it ensures that the rights and interests of the mentally incapable person are protected within legal proceedings, allowing for a representative to act on their behalf. In contrast, other options like corporations do not fit as parties under disability, as entities are not subject to the same personal incapacities. Minors are generally considered under disability but only in certain contexts, especially concerning their capacity to enter contracts or engage in certain types of legal proceedings without a guardian, rather than in all cases. Foreign nationals working in Ontario do not fall under this classification of party under disability as their status in a foreign country does not inherently affect their legal capabilities in Ontario.