Injunctions and Defenses Flashcards
1
Q
Elements of an Injunction
A
- Success on the Merits
- Inadequate Remedy at Law
- Irreparable Harm
- Balance of the Harms
- Judicial Integrity
- Notice
- Bond
2
Q
Degree of success on the merits needed for TRO
A
Likely
3
Q
Degree of success on the merits needed for preliminary injunction
A
Probable
4
Q
Exceptions to Bond requirement
A
- Constitutional Rights
- Indigent plaintiff
- Government or solvent company
5
Q
Modify an injunction where
A
- Unforeseen harm caused by injunction
2. Purpose of injunction no longer existing
6
Q
Equitable Defenses
A
- Unclean hands
- Unconscionability
- Laches
- Equitable Estoppel
7
Q
Unclean Hands consists of:
A
- Serious unethical
- Prior conduct by the plaintiff
- Related to the Plaintiff’s claim
8
Q
Unconscionability consists of:
A
- A contract (or term) that shocks the conscience of the court
- At the time the contract was made
- in either the formation or the content of the contract
9
Q
Laches consists of
A
- Unreasonable
- Delay by Plaintiff
- Which unduly prejudices Defendant
10
Q
Equitable Estoppel consists of
A
- Inconsistent or false statements of plaintiff
- Intending defendant to rely on such
- Defendant reasonably relies on such
- Defendant is prejudiced as a result
11
Q
Elements of a valid contempt order
A
- Injunction was explicit
- Defendant had the ability to obey
- It is either criminal or civil
- Defendant is bound by the order
12
Q
Civil contempt is
A
Remedial: it either compensates or compels
13
Q
Criminal contempt is
A
Punitive: it is penal, and if contempt was outside court it must have procedural safeguards
14
Q
Collateral Attack on an injunction is permissible only when:
A
- Transparent invalidity (constitutional violation)
- No jurisdiction of the court
- In California you can always challenge
