Paralegal Advanced Competency Exam (PACE) Practice Exam

Which of the following best describes the term "estoppel by laches"?

1. Preventing a party from claiming benefits due to delay

2. A legal principle supporting proactive legal action

3. A method of contesting a judicial notice

4. A doctrine that applies only to property cases

The correct answer is: Preventing a party from claiming benefits due to delay

The term "estoppel by laches" refers to a legal principle that prevents a party from asserting a claim or right due to a lack of due diligence in pursuing that claim and a resulting delay. This doctrine is grounded in the idea that it is unfair to allow a claim to proceed after a significant lapse of time, particularly when that delay has led to negative consequences for the other party. Essentially, if one party permits a delay in asserting a right, especially if that delay disadvantages another party, the court may preclude them from making their claim. This principle serves to promote fairness and justice by discouraging parties from sitting on their rights and then springing a claim on the opposing party at a later date, potentially leading to an unfair advantage. The focus is on the delay itself and its impact on the rights and expectations of others involved in the situation. The other choices do not accurately capture the essence of "estoppel by laches." The notion of taking proactive legal action aligns more with general legal principles rather than the specific context of estoppel by laches, while contesting a judicial notice does not relate to this doctrine, and the idea that it applies only to property cases is overly restrictive and not accurate, as the principle can apply in various