Civ Pro - Injunctions Flashcards
Every order granting injunctive relief has the following included
(i) reasons for its issuance
(ii) specficially states its terms
(iii) specify the acts that the defendant is restrained from performing or required to perform
Injunction Bonds
Rule 65 expresses a preference for parties requesting relief to post an injunction bond to protect an adverse party against harm in the event of an erroneous grant of preliminary relief
What is a mandatory injunction?
requires a person to engage in an affirmative act that typically changes the status quo
The moving party’s burden is heavy when they seek a mandatory injunction bc it goes beyond perserving the status quo
What is a Prohibitory Injunction?
This is a form of a preventive relief
Restrains or prohibits a party from engaging in a specified behavior
What is a Temporary Restraining Order (TRO)?
An order that preserves the status quo of the parties until there is an opportunity to hold a full hearing on the application for a Preliminary Injunction
How long will at TRO generally last?
14 days usually
Unless good cause exists or the adversay consents
Are TRO’s generally immediately appealable?
No,
Unless they have the effect of an injunction, for example when the court extends the length of the TRO beyond 14 days/time specified in the rules
TRO will issue w/o Notice to the Adverse Party when the movant can establish what elements under written oath?
(i) Under written oath…
(ii) immediate and irreparable injury will result prior to hearing the adverse party’s opposition
(iii) movant’s attorney certifies in writing any efforts made to give notice
(iv) reason why notice should not be required
How does an adverse party modify/dissolve TRO?
The adverse party must give at least 2 days notice to other party and appear before the court
What is a Preliminary Injunction?
Form of relief issued prior to a full hearing on the merits
However, unlike a TRO, this form of injunction requires Notice. Also, there is a full hearing prior to granting the Preliminary Injunction.
What are the elements that a party must establish to get a Preliminary Injunction?
(i) Likelihood of success on the merits
(ii) Likelihood of suffering irreparable harm in the absence of relief
(iii) Balance of equities lyes with the movant
(iv) The injunction is in the best interest of the public
What is a Permanent Injunction?
Another form of equitable relief
A determination on the merits
Continues until dissolved by the courts
An effected party may move for modification or dissolution
What is required to get a Permanent Injunction?
(i) Success on the merits
(ii) Likelihood of suffering irreparable harm in the absence of relief
(iii) Balance of equities lyes with the movant
(iv) The injunction is in the best interest of the public
