Injunctions

Question 1

Ripeness

Answer 1

a likelihood of substantial and immediate harm or a realistic threat of harm (pattern to demonstrate)? City of LA v. Lyons ( could not show likelihood of being choked unripe).

Question 2

Stuctural Injunctions (Brown)

Question 2

Winter

Answer 2

o (1) likely to succeed on the merits; (2) likely to suffer irreparable harm in absence od preliminary injunction; (3) balance tips in his favor; (4) in public interest.

Question 3

o Irreparable harm

Answer 3

immediate harm or which there is no adequate remedy (ex. Inability to operate farm).

Question 4

 TRO

Answer 4

immediately preserves the status quo until a hearing can be held.

Question 5

Mootness

Answer 5

case may be moot o the defendant can demonstrate that no reasonable expectation that the wrong will be repeated.
Factors: (1) the legitimacy of the expressed intent to comply w/ the law; (2) effectiveness of the discontinuance of the violation; & (3) the character of the past violation.

Question 6

Irreperable harm

Answer 6

real estate unique = specific performance

• legal remedy must be inadequate for Equitible remedy to adequate. Pardee.

Question 7

Whitlock

Answer 7

Balance case, footings. Grocery store.

Question 8

Van Wagner

Answer 8

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Question 9

What is the purpose of a preliminary injunction or a TRO?

Answer 9

Preserve the status quo until a case for a permanent injunction is heard on the merits.

Question 10

Carroll

Answer 10

Notice is required for first amendment freedom.