Injunctions

Question 1

What is an injunction?

Answer 1

an equitable remedy by which a person is ordered to act or to refrain from acting in a specified manner.

Question 2

When may injunctions be granted?

Answer 2

at the conclusion of the case as a remedy or while a case is pending (interlocutory injunctions)

Question 3

What are the two types of interlocutory injunctions?

Answer 3

1) temporary restraining orders

2) preliminary injunctions

Question 4

What is a temporary restraining order?

Answer 4

if irreparable injury will occur before a hearing on a preliminary injunction can be held, a party may seek a temporary restraining order to preserve the status quo until the hearing.

Question 5

When may a TRO be imposed without notice?

Answer 5

the moving party states:

1) specific facts in an affidavit or verified complaint of the irreprable injury she will suffer if the TRO is not granted
2) certifies in writing the efforts she made to notify the adverse party or why they should not be notified
3) provides security to pay for any damages incurred by the adverse party if the court later finds they were wrongfully restrained

Question 6

When may a preliminary injunction be granted?

Answer 6

1) the plaintiff will suffer irreprable harm if the injunction is not granted
2) the harm to the plaintiff outweighs the harm to the defendant
3) the plaintiff shoes that he is likely to be successful on the merits
4) the public interest favors granting the injunction