Incentives/remedies

Question 1

1. Economic/hard damages

Answer 1

a. Medical Bills
b. Lost Wages
c. Property Damage

Question 2

Non-economic/soft damages

Answer 2

a. Pain and Suffering
b. Loss on Consortium
c. Emotional Distress
d. Humiliation
e. Harm to reputation

Question 3

Rule 65 (a)

Answer 3

a. In order for the P to receive a PLI they must:
a) Establish that they are likely to succeed on the merits (51%)
b) That the P is likely to suffer irreparable harm without it
c) That the balance of equities tips in his favor ( it wont harm the P more than it helps the D.
That it is within the publics interest.

Question 4

Rule 65 (b)

Answer 4

a. Temporary Restraining order
i. May be issued without notice to adverse party
ii. Must show clear and immediate harm
iii. Not to exceed 14 days
Rarely granted, but it is important to keep something irreversible from happening, (blowing up a historical monument)

Question 5

Permanent Injunction

Answer 5

a. To have something permanently stopped (like a patent infringement) you must show two things
a) That the Legal remedy (money) won’t be enough to resolve the issue; and
b) The courts must balance the harm to the D if granted and the harm to the P if not granted and decide which is greater

Question 6

Declaratory Judgment

Answer 6

a. A declaratory judgement is a court order stating exactly what your rights are.

Question 7

Prelim Injunction Test

Answer 7

1) In order for the P to receive a PLI they must:
a) Establish that they are likely to succeed on the merits (51%)
b) That the P is likely to suffer irreparable harm without it
c) That the balance of equities tips in his favor ( it wont harm the P more than it helps the D.
d) That it is within the publics interest.