Injunctive Relief

Question 1

An injunction is:

Answer 1

a court order directed to a person or entity usually prohibiting a person from doing an act

Question 2

A mandatory injunction requires

Answer 2

Requires ∆ to do something

A showing that the facts and law clearly favor the moving party

Question 3

A prohibitory injunction requires

Answer 3

∆ to refrain from doing something

Question 4

A preventive injunction is designed to?

Requirements(2)

Answer 4

prevent future wrongful conduct to avoid harm to moving party (no harm has occurred)

1. The danger of future harm is real (propensity of ∆to commit act + the consequence of act will be damage + imminent)
2. There is no chance of voluntary cessation by the ∆ (there must be a reasonable probability that they will the act given representations by ∆)

Question 5

A reparative injunction is designed to

Answer 5

repair the harm done due to a past wrongful act –> restore π to where they were before the injury

Question 6

A structural injunction is designed to

Answer 6

repair the harm done due to a past wrongful act –> prevent future harm from occurring

Question 7

How can a ∆ defeat a request for injunction?

Answer 7

by making a showing that the harm incurred by ∆ or by the public will be > harm suffered by πif granted

Question 8

When is ∆ stuck with injunctive relief?

Answer 8

When their conduct is deemed willful

Question 9

Injunctive relief is generally not available in the following circumstance?
(4)

Answer 9

1. prevent a breach of a contract where the terms are not certain
2. to enforce a criminal law (except nuisance)
3. enjoin speech (commercial + public)
4. stay court procceedings

Question 10

Two types of preliminary injunctions

Answer 10

1. Temporary restraining orders

2. preliminary injunctions

Question 11

The preliminary injunction, if granted, will last until

Answer 11

a decision on the merits.

Question 12

four criteria for determining whether preliminary injunctions should be granted
(4)

Answer 12

Balance

1. π is likely to succeed on the merits of the underlying claim
2. πwill suffer irreparable injury if not prevented
3. balance of hardships lies with the plaintiff (who will suffer the greater loss)
4. public interest will be served by issuing the temporary relief

Question 13

A TRO, in exigent circumstances, may be granted ex parte, if

Answer 13

it appears that the harm will occur before notice can be given

Question 14

A preliminary injunction will be granted only upon

Answer 14

1. notice to other party
   +
2. opportunity to be heard

Question 15

Bond requirements for temporary injuction

Answer 15

to provide a source of funds to compensate the defendant for damages if the court ultimately determines that the injunction was wrongfully issued

≠ government parties

Question 16

Are temporary injunctions appealable?

Answer 16

yes, immedately

-mandatory injunctions stayed pending reviewed

Question 17

A permanent injunction is issued when?

Answer 17

after πhas prevailed on substantive claim
+
demonstrated a need for continued protection

Question 18

There are two types of contempt

Answer 18

civil contempt

criminal contempt

Question 19

Civil contempt types

2

Answer 19

Compensatory contempt:

Coercive contempt:

Question 20

Coercive contempt is

Answer 20

ensure compliance by ∆ and is lifted once ∆ complies

(e.g. daily, fines or imprisonment of the defendant, until compliance or until the sanction has no further coercive effect. )

Question 21

Criminal Contempt is

Answer 21

A crime against the dignity of the court

-Fixed by statute

Question 22

Compensatory contempt is

Answer 22

compensate the πfor loss by ∆’s non-compliance

Question 23

civil contempt v. criminal contempt; depend upon?

Answer 23

1. civil contempt depends upon the π’s success in the underlying action
2. criminal contempt is a separate action and does not rely upon the prosecutor’s success on the underlying aciton