Paralegal Advanced Competency Exam (PACE) Practice Exam

How is the term "common law" sometimes used in broader contexts?

1. To refer exclusively to criminal law

2. To include both common law and equity

3. To denote the newest legal frameworks

4. To limit the scope of legal precedents

The correct answer is: To include both common law and equity

The term "common law" is often used in broader contexts to include both common law and equity. This is because the legal system in common law jurisdictions has historically evolved with two parallel systems: common law, which is primarily based on judicial precedents and traditions, and equity, which was developed to address issues that were inadequately covered by common law, focusing on fairness and justice. By recognizing this broader interpretation, one appreciates how common law principles can be complemented by equitable doctrines, providing a more comprehensive legal framework. For example, equitable remedies such as injunctions or specific performance are not available through common law alone but are essential for achieving just outcomes in various legal scenarios. Hence, the understanding that common law encompasses both systems aids in grasping the full scope of decisions and remedies available within the legal system. The other options do not adequately capture the relationship between common law and equity or mischaracterize what common law represents. For instance, common law does not refer exclusively to criminal law, nor does it denote the newest legal frameworks or limit the scope of legal precedents. Instead, it highlights a historical evolution of legal doctrines that form the foundation of many legal systems today.