Equitable Remedies

Question 1

Injunctive relief

Answer 1

order to do something or refrain from something

Question 2

permanent or temporary / preliminary injunctive relief

Answer 2

permanent injunction - after full trial on the merits

temporary injuction - pending trial

Question 3

temporary injunctive relief

Answer 3

1. establish there is irreparable injury (show irreparable injury waiting for trial on the merits)
2. weigh irreparable injury against hardship D will suffer
3. establish P’s likelihood of success.

Question 4

temporary restraining order

Answer 4

issued pending hearing to detmerin preliminary injunction

Question 5

TRO test

Answer 5

SAME AS PRELIMINARY INJUNCTION

1. establish there is irreparable injury (show irreparable injury waiting for trial on the merits)
2. weigh irreparable injury against hardship D will suffer
3. establish P’s likelihood of success.

Question 6

TRO

Answer 6

notice is not required

adversarial proceeding is not required

limited to 10 day sor 14 in federla court

Question 7

permanent injunction

Answer 7

Inadequate legal remedies, so show why replevin, ejectment and money damages will not suffice

Question 8

permanent injunction - why other remedies fail

Answer 8

1. replvin - maybe can’t recovery or D post redelivery bond
2. ejection - sheiff might refuse to act

money damages - they are too speculative, D is insolvent and we have irreparable injury and avoid multiplicity of actions

Question 9

types of permanent injunctions

Answer 9

negative injunctions - stop doing something

mandatory injunctions - must do something

Question 10

enforcement issues

Answer 10

mandatory can have enforcement issues if difficulty in suprviving or concern with effectively ensuring compliance.

e. g. can’t force labor
e. g. great taste, skill or judgment - how can you know when anyone is satisfied?

if D is in state or out of state - deny for out of state

Question 11

Balancing hardships

Answer 11

1. must be gross disparity between D’s detriment and P’s benefit
2. NO BALANCING if D’s ocnduct was willful
3. always consider awarding P money damages.
4. hardship to the public is a factor to take into account

Question 12

defenses

Answer 12

1. unclean hands
2. laches - laches is a “running of time period” defnese. laches is concerned with the effect o fht epassage of time.
3. impossiblity - D can’t carry out injunction
4. Free speech -

Question 13

laches

Answer 13

time start to run wehn P learns of injury

P can’t get relief if tiem period is both unreasonable and predjuciail to D.

Question 14

permanent injunction memorizer

Answer 14

I’m feeling bold and dteermined

inadequate legal remedy

feasability of enforcement

balacnign of hardships

defenses