Certified Legal Assistant Paralegal (CLA-CP) Practice Test 2025 – Your All-in-One Guide to Exam Success!

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Can a party pursue both law and equity claims in a single lawsuit?

Yes, always

No, never

Yes, but only in specific types of cases

The ability to pursue both law and equity claims in a single lawsuit is indeed permissible, but it is typically limited to specific types of cases. This is due to the historical distinctions between legal and equitable remedies, where law claims traditionally focused on monetary damages and equity claims offered remedies such as injunctions or specific performance.

In many jurisdictions, particularly following the merger of law and equity in the court system, plaintiffs can assert both types of claims within the same legal action provided the claims stem from the same set of facts. However, the specific types of cases that allow for this dual approach can vary. For example, in some situations like declaratory actions or cases involving breach of fiduciary duty, the courts readily entertain both legal and equitable claims due to their interconnected nature.

Thus, while generally allowing for this biclaim approach, it is important to recognize that the acceptance of both claims together can be contingent on the specifics of the case and the jurisdiction's procedural rules.

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No, it depends on jurisdiction

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