Paralegal Advanced Competency Exam (PACE) Practice Exam

Which type of legal rights cannot be defeated by past events?

1. Non-exclusive rights

2. Indefeasible rights

3. Contingent rights

4. Transitory rights

The correct answer is: Indefeasible rights

Indefeasible rights are legal rights that cannot be invalidated or defeated by past events or actions. These rights maintain their validity regardless of prior circumstances and are typically firmly established by law or through legal instruments. The concept of indefeasibility ensures that once a right is granted, it is protected from challenges based on historical claims or events. In contrast, non-exclusive rights often allow for multiple entities to hold similar rights concurrently, and their validity can sometimes be impacted by prior grants or uses. Contingent rights are dependent upon certain conditions being met; if those conditions are not satisfied, the rights may never come into effect. Transitory rights, on the other hand, may only last for a limited period or until a specific event occurs, thus rendering them vulnerable to changes that may have happened before their recognition. Therefore, the emphasis on the permanence and unassailability of indefeasible rights is what sets them apart in this context.