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Exam (elaborations)

LSO Paralegal Exam Questions and Answers 100% Pass

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LSO Paralegal Exam Questions and Answers 100% Pass What should you look at to determine if someone is an Employee or an Independent Contractor - Answer️️ -1- The employers level of control over the workers activities 2- whether the worker provides his or her own equipment 3- Whether the worker hires their own helpers 4- The workers degree of responsibility for investment and management 5- The workers degree of financial risk 6- The workers opportunity for profit When will evidence be considered to be more Prejudicial than Probative - Answer️️ -- it leads to irrational conclusions - misleads, confuses or detracts the trial judge from the main issues - Surprises the other party unfairly - Impairs a fair trial Defenses to the tort of negligence - Answer️️ --Contributory Negligence - Voluntary Assumption of Risk -Participation in illegal or immoral conduct What is strict liability? - Answer️️ -Defendant is Prima Facie Liable non-natural use of land or air space What is Vicarious Liability? - Answer️️ -Employer is held responsible for employee when employee committed tort in the course of employment responsibilities What are the defenses to strict and Vicarious Liability - Answer️️ -Consent of the Plaintiff Default of the Plaintiff Act of Nature/God Act of a third person What are the defenses to Intentional Interference with the Person - Answer️️ - Complete Defences are - Consent, self defence, defence of others and defence of proeprty Partial defences are - provocation and contributory negligence Defences to trespass to land or airspace - Answer️️ -Consent Necessity Legal Authority Whata re teh essential elements of a contract - Answer️️ -Offer, mutual consideration and communicated acceptance What are an Employers Obligations Under Commons Law - Answer️️ --Duty to provide work and pay for the work done - Duty to provide a safe work environment - Duty to provide a notice of terminantion What employer obligations are set out in the ESA - Answer️️ --payment of wages - hour of work and eating periods - over time pay - minimum wage - public holidays - vacation with pay - equal pay for equal work - Leaves of absese - termination and severance Who does the ESA not apply to? - Answer️️ -Employers and Emp

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