Provisional Relief

Question 1

Provisional relief

Answer 1

P files suit seeking injunctive relief- needs action soon before D commits harm.

two types:
1. Preliminary Injunction
2. Temporary Restraining Order

Question 2

Preliminary Injunction

Answer 2

need notice to the adverse party AND 5 elements:

1. Likelihood of Success on the Merits:
   -The P’s legal claim is plausible and will likely win if litigated (law and facts are on the P’s side);
2. Irreparable Harm to the P if the PI is not granted;
3. Balance of Hardships: -Whether the harm to the P is greater if the PI is denied, than the harm to the D if it is granted;
4. Public Interest:
   -The court will not issue a PI that is injurious to the public interest; and
5. Payment of Security:
   -The P must deposit enough money with the court to compensate the D for any losses if the suit is unsuccessful.

Question 3

Temporary Restraining Order

Answer 3

same 5 elements as PI

TROs expire 14 days after issuance.
-Can be extended for 14 days upon good cause shown.

TRO can be ex parte:
TRO can only be issued without notice if:
(1) specific facts clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition; and
(2) the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.