Injunctions, SJ, Trial, Appeals, Preclusion

Question 1

temporary restraining order (TRO)

Answer 1

Must show:

• immediate and irreparable injury absent the TRO
• effort to give notice to opposing side OR reason notice shouldn’t be required

Question 2

preliminary injunction

Answer 2

Must show:

1. likely to succeed on the merits
2. likely to suffer irreparable harm in absence of injunction
3. balance of equities
4. in the best interest of the public

Also requires:

• notice to opposing party
• hearing

Question 3

summary judgment

Answer 3

no genuine dispute as to any material fact

Question 4

7th Amendment right to jury trial

Answer 4

when damages exceed $20

Question 5

Must demand jury trial within…

Answer 5

14 days after service of last pleading

Question 6

judgment as a matter of law (directed verdict)

Answer 6

• at the close of plaintiff’s evidence or close of all evidence
• no reasonable person could differ as to the outcome

Question 7

renewed motion for judgment as a matter of law (JNOV)

Answer 7

• motion for judgment as a matter of law was denied
• jury deliberated and delivered verdict
• renewed motion asks to override jury’s verdict

Question 8

appeals (generally)

Answer 8

must be a final judgment

Question 9

interlocutory appeals as of right

Answer 9

• granted/modified/denied injunction
• changed/affected possession of property

Question 10

discretionary interlocutory appeals

Answer 10

• controlling question of law with substantial ground for difference of opinion, AND
• immediate appeal may materially advance termination of the litigation

Question 11

claim preclusion (res judicata)

Answer 11

1. same parties (or successors in interest)
2. valid final judgment on the merits
3. same claim or cause of action

Question 12

issue preclusion (collateral estoppel)

Answer 12

1. same issue
2. final valid judgment on the merits
3. issue was essential to the judgment
4. party to be precluded was a party in first suit