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Flashcards in Injunctions and Defenses Deck (14):
1

Elements of an Injunction

1. Success on the Merits
2. Inadequate Remedy at Law
3. Irreparable Harm
4. Balance of the Harms
5. Judicial Integrity
6. Notice
7. Bond

2

Degree of success on the merits needed for TRO

Likely

3

Degree of success on the merits needed for preliminary injunction

Probable

4

Exceptions to Bond requirement

1. Constitutional Rights
2. Indigent plaintiff
3. Government or solvent company

5

Modify an injunction where

1. Unforeseen harm caused by injunction
2. Purpose of injunction no longer existing

6

Equitable Defenses

1. Unclean hands
2. Unconscionability
3. Laches
4. Equitable Estoppel

7

Unclean Hands consists of:

1. Serious unethical
2. Prior conduct by the plaintiff
3. Related to the Plaintiff's claim

8

Unconscionability consists of:

1. A contract (or term) that shocks the conscience of the court
2. At the time the contract was made
3. in either the formation or the content of the contract

9

Laches consists of

1. Unreasonable
2. Delay by Plaintiff
3. Which unduly prejudices Defendant

10

Equitable Estoppel consists of

1. Inconsistent or false statements of plaintiff
2. Intending defendant to rely on such
3. Defendant reasonably relies on such
4. Defendant is prejudiced as a result

11

Elements of a valid contempt order

1. Injunction was explicit
2. Defendant had the ability to obey
3. It is either criminal or civil
4. Defendant is bound by the order

12

Civil contempt is

Remedial: it either compensates or compels

13

Criminal contempt is

Punitive: it is penal, and if contempt was outside court it must have procedural safeguards

14

Collateral Attack on an injunction is permissible only when:

1. Transparent invalidity (constitutional violation)
2. No jurisdiction of the court
3. In California you can always challenge