Tort Remedies

Question 1

Preliminary Injunction

Three Part Test

Answer 1

1) Must establish irreparable injury
2) Strong likelihood of success
3) Bond Requirement

Question 2

Permanent Injunction

Five Part Test

Answer 2

1) Inadequate legal Remedy
2) Protectable Interest
3) Feasibility
4) Balance of Hardship
5) Defense

** I Put Five Bucks Down **

Question 3

Permanent Injunction

Answer 3

Issued after full trial

I Put Five Bucks Down

Question 4

5) Defense

Permanent Injunction

Answer 4

1) Unclean Hands
2) Laches
3) Free Speech
4) Criminal Act

Question 5

Tort

Temporary Restraining Order

Answer 5

Issued pending a hearing to determine whether preliminary injunction should issue.

Test is identical as Preliminary Injunction

• TRO can be exparte (For emergencies)
  1) Notice not required
  2) Advertised proceeds not required.
• Limited to 10 days (Fed Court 14)

Question 6

Permanent

Four Balancing Hardship Rules

Answer 6

1) There must be SUBSTANTIAL more HARDSHIP than BENEFIT
2) No balancing if defendants conduct is willful
3) Consider giving money damages
4) Hardship on Public

** Nuisance/ Trespass more likely

Question 7

1) Inadequate Legal Remedy

Permanent

Answer 7

1) Irreparable injury
2) Damages too Speculative
3) Its a continuous wrong
4) Defendant insolvent

Key: Unique and Scarcity
* Plaintiff establish that there is no viable legal remedy alternative.

Question 8

Preliminary Injunction

Irreparable harm

Answer 8

Facts must be disclosed in a time frame context

In short, one must show that he or she will incur irreparable injury while waiting for a full trial on the merits.
* and that is why he or she need relief now.

Question 9

Tort

Restitution

Answer 9

Benefit unjustly retained by Defendant

• there does not need to be any injury to P.

Question 10

Laches

Test

Answer 10

1) Clock starts running when Plaintiff knows

2) Cut’s off when it is both unreasonable and prejudicial to the defendant.

Question 11

Tort

Injunctive Relief

Answer 11

Defendant is ordered to do something or refrain from doing something.

Question 12

3) Feasibility Of enforcement

Permanent Injunction

Answer 12

Negative enforcement: no problem

Mandatory enforcement: there is a problem.

Question 13

2) protectable Interest

Permanent Injunction

Answer 13

Plaintiff must establish that he has a protectable interest involved.

Question 14

Injunction Defense

Unclean Hands

Answer 14

Improper conduct will cut off the right to equity relief.

• Bad conduct needs to do with the suit it self.