Essay Model Answers [Remedies]

Question 1

To obtain a permanent injunction, a plaintiff must establish:

Answer 1

(1) inadequate legal remedy,
(2) protectable property right/interest,
(3) feasible enforcement,
(4) hardship balancing of the equities in the plaintiff’s favor, and
(5) no defenses.

Question 2

To obtain a permanent injunction, a plaintiff must establish:
(1) _____________,
(2) protectable property right/interest,
(3) feasible enforcement,
(4) hardship balancing of the equities in the plaintiff’s favor, and
(5) no defenses.

Answer 2

Inadequate legal remedy

Question 3

To obtain a permanent injunction, a plaintiff must establish:
(1) inadequate legal remedy,
(2) ______________,
(3) feasible enforcement,
(4) hardship balancing of the equities in the plaintiff’s favor, and
(5) no defenses.

Answer 3

Protectable property right/interest

Question 4

To obtain a permanent injunction, a plaintiff must establish:
(1) inadequate legal remedy,
(2) protectable property right/interest,
(3) _____________,
(4) hardship balancing of the equities in the plaintiff’s favor, and
(5) no defenses.

Answer 4

Feasible enforcement

Question 5

To obtain a permanent injunction, a plaintiff must establish:
(1) inadequate legal remedy,
(2) protectable property right/interest,
(3) feasible enforcement,
(4) _______________, and
(5) no defenses.

Answer 5

hardship balancing of the equities in the plaintiff’s favor

Question 6

To obtain a permanent injunction, a plaintiff must establish:
(1) inadequate legal remedy,
(2) protectable property right/interest,
(3) feasible enforcement,
(4) hardship balancing of the equities in the plaintiff’s favor, and
(5) _______________.

Answer 6

No defenses

Question 7

To obtain a permanent injunction, a plaintiff must establish (1) inadequate legal remedy, (2) protectable property right/interest, (3) feasible enforcement, (4) hardship balancing of the equities in the plaintiff’s favor, and (5) no defenses.

Legal (monetary) damages are inadequate if:

Answer 7

(1) they are speculative,
(2) defendant is insolvent,
(3) multiple suits are necessary, or
(4) the thing bargained for is unique.

Question 8

Legal (monetary) damages are inadequate if:
(1) they are __________,
(2) defendant is insolvent,
(3) multiple suits are necessary, or
(4) the thing bargained for is unique.

Answer 8

Speculative

Question 9

Legal (monetary) damages are inadequate if:
(1) they are speculative,
(2) defendant is __________,
(3) multiple suits are necessary, or
(4) the thing bargained for is unique.

Answer 9

Insolvent

Question 10

Legal (monetary) damages are inadequate if:
(1) they are speculative,
(2) defendant is insolvent,
(3) ____________ are necessary, or
(4) the thing bargained for is unique.

Answer 10

Multiple suits

Question 11

Legal (monetary) damages are inadequate if:
(1) they are speculative,
(2) defendant is insolvent,
(3) multiple suits are necessary, or
(4) the thing bargained for is ________.

Answer 11

Unique