Themis Essay 5002

Question 1

A temporary injunction is used to

Answer 1

prevent someone from doing an act or directing someone to do an act.

Question 2

Jurisdiction to issue an injunction is

Answer 2

only in the circuit courts.

Question 3

The preferred venue for an injunction is

Answer 3

the circuit court where the act is being threatened to be done or is being done.

Question 4

An applicant for a temporary injunction may be supported or opposed by

Answer 4

an affidavit or verified pleading, and a bond must be posted unless the court determines it would be improper.

Question 5

A temporary injunction may be awarded if the court is satisfied that

Answer 5

the plaintiff is entitled to equity.

Question 6

Although no single factor is dispositive, a court will weigh the following factors to determine if a party is entitled to equity:

Answer 6

(i) whether the party has an adequate remedy at law;
(ii) whether the party is likely to succeed on the merits;
(iii) whether the party is likely to suffer irreparable harm without such relief;
(iv) whether the balance of the equities tip in the party’s favor; and
(v) whether relief is in the public interest.

Question 7

All persons interested in the subject matter of a suit and to be affected by its results are

Answer 7

necessary parties.

Question 8

A person who is subject to service of process may be joined as a party in the action if

Answer 8

in the person’s absence complete relief cannot be accorded among those already parties, or the person claims an interest relating to the subject of the action.