Common law is never as easy as we may like because the law is trying to accommodate both:

Common law is never as easy as we may like because the law is trying to accommodate both PREDICTABILITY and FLEXIBILITY.

Explanation:

Common law is a body of unwritten laws based on legal precedents established by the courts. Whereas, civil law is a comprehensive, codified set of legal statutes created by legislators. With that understanding, predictability and flexibility are the only two terms that make sense in this sentence. Common law isn't written out as laws and statutes. To find a middle ground between the parties courts reference previous court rulings similar to the case. In addition to this no two cases are exactly similar which allows common law to be flexible for the situation whilst utilizing similar cases to find a ruling.

the numbers are even higher.

explanation:

statistics have shown that more that 60% of test takers fail the first time and have to retake the test.