Preliminary Relief

Question 1

Types of remedy in civil suits?

Answer 1

Compensatory, punitive, restitution, permanent injunctions

Question 2

Before a trial, what can a π get?

Answer 2

preliminary relief

Question 3

What are the kinds of preliminary relief that a π can get?

Answer 3

Preliminary injunctions and temporary injunctions

Question 4

What do courts weigh in determining whether the π gets a TI or PI?

Answer 4

Likelihood of irreparable injury without the PI
Inadequacy of legal remedy
Likelihood of success on merits
Balance of hardships (to π without PI vs. to ∆ with PI)
Public Interest

Question 5

To get a PI, π must post what? and why?

Answer 5

A security bond, in case the court later decides the injunction was wrongly granted

Question 6

Procedure for granting a TI or PI?

Answer 6

The court holds an adversarial hearing before deciding whether to grant it - NOTICE TO ∆

Question 7

T or F: Preliminary Injunction hearing cannot be consolidated with trial on the merits

Answer 7

FALSE. PI hearing can be consolidated with trial on merits if no prejudice to ∆

Question 8

What factors determine whether the hearing can be consolidated?

Answer 8

Need for additional discovery and adequate preparation of parties

Question 9

T or F: Temporary Restraining Order (TRO) requires notice to ∆

Answer 9

False. Can be issued without notice

Question 10

Requirements of a TRO?

Answer 10

Specific facts in affidavit or verified complaing must clearly show that the π will suffer irreparable injury before adversarial hearing can be held

Question 11

πs attorney must do what before filing?

Answer 11

Must certify that effort is made to give notice to ∆ and reasons why notice should not be required

Question 12

What is the usual situation for a TRO?

Answer 12

When the ∆ cannot be found

Question 13

How long is a TRO good for?

Answer 13

14 days with a chance of a 14 day extension for good cause