Injunction Flashcards

1
Q

Permanent Injunction

A
  1. Success on mertis
  2. Inadequate Remedy at Law
  3. Consideration of litigant interests and public interests.
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2
Q

Provisional Injunction

A
  1. Likely to succeed on merits;
  2. Likely to suffer irreparable harm in the absence of requested relief;
  3. Bance of hardships tips in his favor; and,
  4. injunction is in the public interest.
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3
Q

Alternative Test Serious Question

A
  1. Serious question on the merits.
  2. Movant is likely to suffer irreparable harm in the absence of relief,
  3. balance of hardships tips sharply in movant’s favor,
  4. Public Interest.
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4
Q

Specific Performance

A
  1. Contract terms are sufficiently definite.
  2. Consideration is adequate.
  3. Substantial similarity b/t requested performance and contract terms.
  4. Mutuality of remedies
  5. legal remedy is inadequate.
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5
Q

Inadequate Remedy at Law

A
  1. Damages are inadequate
  2. Cannot be measured with absolute certainty.
  3. Measurable but not collectible.
  4. Multiplicity of actions.
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