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Sample Licensing Examination Questions

Sample Barrister Licensing Examination
Sample Solicitor Licensing Examination
Sample Paralegal Licensing Examination

 


Sample Barrister Licensing Examination Questions

Independent Questions

  1. Terri, a lawyer, returns from vacation. When reviewing the trust account for her firm, she discovers that her partner has withdrawn money from the trust account to pay his personal taxes and then redeposited the amount into the trust account. What is Terri required to do to meet her professional responsibility obligations?
  1. Report the incident to the Law Society of Ontario.
  2. Report the incident to the firm’s insurer.
  3. Nothing, because the money has been returned.
  4. Change office procedures to prevent a reoccurrence of this behaviour.
 
  1. At what stage should a lawyer conduct a conflicts search?
  1. When the potential client first contacts the lawyer.
  2. After the client has retained the lawyer.
  3. Prior to sending any correspondence on behalf of the client.
  4. Following the initial interview.
 
  1. Oscar seeks a resolution of a complex, ongoing employment dispute involving his employer. Oscar’s lawyer recommends that he attend mediation. What must Oscar’s lawyer do to properly represent Oscar in the circumstances?
  1. Provide a risk assessment and explore Oscar’s settlement expectations.
  2. Determine the best alternative to a negotiated agreement in case a settlement is not reached.
  3. Draft a demand letter to the employer trying to maximize Oscar’s award.
  4. Prepare a draft release and minutes of settlement.
 
  1. A criminal defence lawyer has just received and reviewed the disclosure material from the Crown Attorney. What should the defence lawyer do now?
  1. Advise the client that the disclosure material is complete.
  2. Provide disclosure to the Crown.
  3. Review the disclosure material with the client.
  4. Bring a Stinchcombe application to ensure full disclosure.
 
  1. Tracy was charged with aggravated assault. She has instructed her lawyer, Kurt, to get her the fastest jury trial date possible. The Crown has not requested a preliminary inquiry. Kurt does not believe that a preliminary inquiry is necessary because of the quality of the disclosure. How can Kurt obtain the fastest trial date for Tracy?
  1. Waive Tracy’s right to a preliminary inquiry and set the trial date.
  2. Bring an application under the Canadian Charter of Rights and Freedoms.
  3. Conduct the preliminary inquiry quickly and set the trial date.
  4. Elect on Tracy’s behalf a trial in the Ontario Court of Justice.
 
  1. Ahmed filed an application before the Human Rights Tribunal of Ontario (HRTO) alleging religious bias in relation to a refusal by a landlord to rent him an apartment. The HRTO upheld the complaint. The landlord is considering a challenge to the HRTO’s decision. Which one of the following statements is true?
  1. There is no recourse because of a strong privative clause in the Human Rights Code.
  2. Appeals from HRTO decisions lie only to the Court of Appeal for Ontario on matters of law.
  3. Judicial review of HRTO decisions may be available provided the application is made to the Divisional Court within 60 days of the HRTO decision.
  4. An HRTO decision can be reconsidered by the HRTO. The reconsideration cannot be appealed but may be subject to judicial review.
 
  1. Margaret, a lawyer, is appearing before the Canadian International Trade Tribunal on behalf of ABC Ltd. (ABC), the defendant in an anti-dumping complaint. She has conducted the examination-in-chief of Jin, the chief financial officer, and intends to call Amy, the sales manager, the next day. The opposing lawyer has been conducting an effective cross-examination of Jin, revealing an ABC policy to undercut prices illegally. Margaret and Amy know that the policy was not applied during the time period under investigation by the Tribunal, but Margaret is worried that Jin is not aware of this. What should Margaret do?
  1. Request leave from the Tribunal to explain when the policy was applied.
  2. Re-examine Jin so that he can clarify when the policy was in place.
  3. Prepare Amy for her testimony the next day to ensure that she clarifies the timing of ABC’s pricing policies in her evidence.
  4. Ask for an adjournment to allow her to speak with Jin before the cross-examination is complete.


Case-Based Questions

Case 1

David comes to Janet, a lawyer, seeking advice regarding his separation from his spouse, Sara, which occurred 6 months ago. David and Sara have agreed that their three children live primarily with David and spend alternate weekends with Sara, but they are unable to agree on a schedule for summer living arrangements. David and Sara have an amicable relationship and have resolved all property issues. Sara is a physician in private practice; David is a teacher. Sara has not been making regular support payments to David. David knows that Sara’s tax return reflects deductions from her professional revenue that are personal expenses (e.g., car, travel, and entertainment expenses).

Questions 8 to 10 refer to Case 1

  1. What should Janet do early in her retainer?
  1. Retain an accountant.
  2. Arrange for the Office of the Children’s Lawyer to represent the children.
  3. Explore various forms of alternative dispute resolution with David.
  4. Issue an application.
 
  1. Which one of the following actions is most appropriate for Janet to take when advising David on the issue of fees and costs?
  1. Inform David that the issue cannot be addressed until an expert has been retained.
  2. Provide David with a block fee.
  3. Inform David of her hourly rate.
  4. Provide David with estimates on the various courses of action.
 
  1. Janet receives a letter from Sara’s lawyer containing a time-limited settlement offer. What should Janet do?
  1. Mail a copy of the letter to David.
  2. Obtain David’s instructions as to how he wants to have the letter delivered to him.
  3. Fax the letter to the main office of David’s place of employment.
  4. Ask Sara’s lawyer to send the letter to David directly.
 

Answer Key

  1. A
  2. A
  3. A
  4. C.
  5. A
  6. D
  7. C
  8. C
  9. D
  10. B
 

Sample Solicitor Licensing Examination Questions

Independent Questions

  1. Who is responsible for appointing the auditor of a for-profit corporation?
  1. The board of directors.
  2. The voting shareholders.
  3. The chief financial officer.
  4. The audit committee.
 
  1. Gertrude has come to Roberta, a lawyer, to draw up a power of attorney for personal care. Gertrude will be undergoing major surgery and wants to ensure that her wishes are fulfilled should anything go wrong. Gertrude’s husband is quite elderly and not in good health, so she may want her two adult daughters to be the attorneys. The religion of one of her daughters requires adherents to protect human life at all costs. Gertrude’s other daughter is struggling financially. What further information should Roberta obtain from Gertrude?
  1. The state of Gertrude’s daughters’ marriages.
  2. The state of Gertrude’s marriage.
  3. Gertrude’s personal care wishes.
  4. Gertrude’s health status.
 
  1. Erin, a lawyer, has been retained to complete an estate plan for a wealthy family. Erin and the family have agreed on a flat fee for drafting wills and powers of attorney for the mother and father and establishing a trust fund for the children of the family. Erin has completed the wills and established the trust but still needs to draft the powers of attorney. The father has become very abrupt with her, and Erin no longer wishes to act, despite having accepted the flat fee. What is the most appropriate action for Erin to take?
  1. Withdraw from acting.
  2. Refer the family to another lawyer.
  3. Return the flat fee.
  4. Complete her obligations.
 
  1. Peyton, a real estate lawyer, is acting for a married couple, Lara and Chris, on the purchase of their first home. Lara’s mother will be lending the couple some money and would like to register a mortgage on title. Lara and Chris have asked Peyton to prepare and register the mortgage documentation. They are agreeable to Peyton acting for the three of them. Chris’ brother is also lending them money, but Lara and Chris have asked Peyton not to tell Lara’s mother this fact. Should Peyton act?
  1. Yes, because the parties consented.
  2. No, because there is a conflict of interest.
  3. Yes, because the parties are related.
  4. No, because Peyton should not act on both the purchase and the mortgage.
 
  1. Prior to the closing of a real estate transaction, in which jurisdiction should the purchaser’s lawyer search executions?
  1. Where the seller previously resided.
  2. Where the seller’s real property is located.
  3. Where the seller’s personal property is located.
  4. Where the seller is moving. 

Case-Based Questions

Case 1

A lawyer attends at a meeting with Chantal, her three children Barbara, Dan, and Andrew, and her tax advisor. The lawyer is consulted to address estate planning issues and to receive instructions regarding Chantal’s will. Chantal indicates that she owns property in Ontario and a condominium in Florida.

Questions 6 to 8 refer to Case 1

  1. Following the initial meeting, with whom can the lawyer discuss the terms of Chantal’s will?
  1. Chantal’s tax advisor.
  2. Chantal only.
  3. Andrew, Barbara, and Dan any time after the will is signed.
  4. Chantal and all of her three children.
 
  1. What should the lawyer do concerning the Florida property?
  1. Research U.S. estate tax law implications and provide advice to Chantal.
  2. Consult with the children regarding their plans for the future use of the condominium.
  3. Draft a Florida-based will addressing only the condominium.
  4. Advise Chantal that a Florida attorney needs to be retained to deal with all U.S.-related issues.
 
  1. Upon receipt of the lawyer’s final account, Chantal expresses concern regarding the amount billed. What should be the lawyer’s first step in addressing these concerns?
  1. Report the matter to the Law Society of Ontario.
  2. Report the matter to LawPRO.
  3. Review the account with Chantal.
  4. Retain an accountant to assess Chantal’s account.
 

Answer Key

  1. B
  2. C
  3. D
  4. B
  5. B
  6. B
  7. D
  8. C

Sample Paralegal Licensing Examination Questions

Independent Questions 

  1. Joshua, a paralegal, is meeting with his client, Max, for the first time. Max is a landlord of an apartment building and is having problems with a tenant. What step should Joshua take next?
  1. Research the latest landlord and tenant cases.
  2. Ask Max for a money retainer.
  3. Send the tenant a letter.
  4. Ascertain Max’s objectives.
 
  1. Before accepting a joint retainer, what must a paralegal tell the prospective joint clients about her obligations in the event that conflicts develop between the joint clients?
  1. She may have to withdraw.
  2. She may mediate the conflicts.
  3. She will apply to court to determine whom to represent.
  4. She will take instructions from one client only, while continuing to act for both.
 
  1. When should a conflicts check be performed by a paralegal?
  1. When a new party becomes involved in the matter.
  2. When the matter is completed.
  3. When the client pays his bill.
  4. When the retainer has been accepted by the paralegal.
 
  1. What is the best method for a paralegal to communicate with a client in a timely and effective manner?
  1. Copy the client on all correspondence when received and sent.
  2. Show the client all correspondence at the next meeting.
  3. Include copies of correspondence with the final reporting letter.
  4. Provide copies of correspondence on the request of the client.
 
  1. Which one of the following employees would work for a Schedule 1 employer under the Workplace Safety and Insurance Act, 1997?
  1. Construction supervisor.
  2. Insurance agent.
  3. Bank teller.
  4. Train engineer.
 
  1. In what type of matter can a paralegal accept a contingency fee?
  1. A summary conviction matter
  2. A spousal support matter.
  3. A provincial offences matter.
  4. A workers’ compensation matter.
 
  1. When should a paralegal open a client file?
  1. When a client provides the paralegal with a money retainer.
  2. When a client instructs the paralegal to commence an action.
  3. When the paralegal files documents with the court.
  4. When a prospective client provides confidential information to the paralegal.
 
  1. Elliott, a paralegal, hires a collection agency to collect his fees from a former client. What information, if any, can Elliott disclose?
  1. No information, as all client information is confidential.
  2. The client's entire file.
  3. Only the information contained in the court record.
  4. Only as much information as is necessary to collect his fees.
 
  1. Duane is involved in litigation against his neighbour. He instructs Brigitte, his paralegal, not to give the other side any extra time to meet deadlines. What should Brigitte do in response to these instructions from Duane?
  1. Follow his instructions.
  2. Advise Duane that she cannot deny reasonable requests if his rights are not prejudiced.
  3. Write a letter to the other side informing the other side that she will not grant any extensions.
  4. Make a private agreement with the other side to grant each other extensions in all circumstances.
 
  1. Which of the following subject matters falls under provincial jurisdiction in the Canadian legal system?
  1. Education.
  2. Interprovincial transportation.
  3. Offences under the Criminal Code.
  4. Banking.
 
  1. Ruth is a paralegal hired by Darnell to represent him at trial on a speeding charge. Who must call evidence of the speed Darnell was travelling?
  1. Darnell because he was driving the car.
  2. Ruth because she is Darnell’s paralegal.
  3. The prosecution because it bears the burden of proof.
  4. The police officer because the police officer made the observation.

Case-Based Questions

Case 1

XYZ Inc. (XYZ) and one of its employees, Kelvin, meet with Candace, a paralegal. XYZ and Kelvin have each been charged with an offence under the Criminal Code in respect of an action Kelvin took while performing his duties for XYZ. Candace’s posted fee schedule indicates that she requires a money retainer of $1,000 per client.

Questions 12 to 14 refer to Case 1

  1. XYZ pays Candace $2,000 as a money retainer on behalf of itself and Kelvin and states that it wants Candace to represent XYZ and Kelvin jointly. XYZ indicates that it will be providing the instructions. XYZ has brought documents for Candace to review. What must Candace do first?
  1. Speak to XYZ and Kelvin to determine if they can be jointly represented.
  2. Review XYZ’s documents to assess the strength of the case.
  3. Ensure she obtains a money retainer from Kelvin directly.
  4. Inform Kelvin that XYZ will be providing all the instructions.
 
  1. The Crown elects not to proceed against XYZ, and Candace ends up representing only Kelvin. The matter proceeds to trial, and Kelvin is convicted. What submission should Candace make at the sentencing hearing?
  1. That she did not have an opportunity to raise an alternative defence at trial.
  2. That Kelvin has no prior convictions.
  3. That she would like to raise an affirmative defence of due diligence.
  4. That the law violates the Canadian Charter of Rights and Freedoms.
 
  1. Candace represents Kelvin, who has been convicted and sentenced at trial. Candace considers her retainer complete. Which of the following actions should Candace take next?
  1. Properly destroy the client file.
  2. Send a reporting letter.
  3. Ensure that the client file is sent to secure off-site storage.
  4. Provide Kelvin with the contact information of a lawyer for appeal purposes.
  

Answer Key

  1. D
  2. A
  3. A
  4. A
  5. A
  6. D
  7. D
  8. D
  9. B
  10. A
  11. C
  12. A
  13. B
  14. B

 

Terms or Concepts Explained