Injunctions

Question 1

What are the four different types of injunctions?

Answer 1

1. Preventive Injunctions;
2. Reparative Injunctions;
3. Prophylactic Injunctions; and
4. Structural Injunctions

P.R.P.S.

Question 2

What are preventive injunctions?

Answer 2

Prevent continuing harm by stopping the legal wrong itself.

Question 3

What are reparative injunctions?

Answer 3

Repair the past wrong and its continuing effects.

Question 4

What are prophylactic injunctions?

Answer 4

Adds precautionary measures to address facilitators of continued harm.

Question 5

What are structural injunctions?

Answer 5

Restructure or change how institutions work. (these are prophylactic injunctions but on a wider scale.) (typically go BEYOND the wrongful position.)

Question 6

What is the rightful position?

Answer 6

This is the position the plaintiff would have been in but for the harm.

Question 7

Requirements for an injunction?

Answer 7

Plaintiff must establish the following:

Step 1– there is a threat of harm from the defendant.
The harm must be illegal, imminent and sufficiently ripe.

Step 2 – there is no adequate remedy at law.
AKA the injury is irreparable. Could be because defendant is judgment-proof, damages are difficult to measure, etc.

Step 3 – Plaintiff’s benefit is GREATER than defendant’s burden.

Step 4 – the injunction falls in line the public interest.

IN SUMMARY:

1. THREAT;
2. NO ALTERNATIVE REMEDY;
3. PLAINTIFF BENEFIT; AND
4. IN THE PUBLIC INTEREST.

Question 8

What is the scope of injunction relief?

Answer 8

The scope of injunctive relief should be proportional to the scope of harm.

The scope is inappropriate if:
1. Violates constitutional protections
2. goes beyond the scope of harm; and
3. goes beyond the rightful position.