Equity

Question 1

To secure an injunction, a plaintiff must demonstrate:

Answer 1

(i) A clear showing that the plaintiff will likely succeed on the merits;

(ii) A clear showing that the plaintiff is likely to suffer irreparable harm without such relief;

(iii) The balance of the equities tip in the plaintiff’s favor; and

(iv) The relief is in the public interest.

Question 1

To pursue a preliminary injunction, a party must file a […] in […] to initiate his action.

A preliminary injunction may be issued

Answer 1

[Bill of Complaint]

[Circuit Court]

… only after a hearing on the need for the equitable relief.

Question 2

Reformation is the modification of a document that has legal effect, such as a contract or a deed.

Upon the petition by ___, reformation due to mistake is available if, ___.

Answer 2

… either party … as a result of a mistake, the writing does not accurately reflect a prior agreement between the parties.

Question 3

The party who commits a material breach of his contract obligations cannot sue for contract damages but would ordinarily be entitled to…

Answer 3

…the fair value of any benefit conferred on the non-breaching party.

Question 4

In Virginia, a party seeking specific performance must demonstrate that…

Answer 4

…there is no adequate remedy at law AND that the terms of the contract sought to be enforced are sufficiently definite.

Question 5

A temporary injunction is issued to …

An application for a temporary injunction may be supported or opposed by ___ unless …

Answer 5

… prevent someone from doing an act or directing someone to do an act.

… an affidavit or verified pleading and a bond must be posted … the court determines it would be improper.

Question 6

For requests for injunctive relief, jurisdiction is ___, and ___ venue is …

In considering whether to grant or deny a request for injunctive relief, the Court should consider whether …

Answer 6

… only in the circuit courts … preferred … in the circuit courts where the act is being threatened to be done or is being done.

(1) whether the claimant has an adequate remedy at law, (2) whether the claimant is likely to succeed on the merits, (3) if the claimant is likely to suffer irreparable harm without such relief, (4) does the balance of the equities tip in the claimant’s favor, and (5) whether the relief is in the public interest.