Injunctions Multiple Choice Flashcards
(7 cards)
A stockbroker is sued by her former employer for misappropriation of trade secrets
based upon the stockbroker’s use of stolen customer lists. The complaint alleges that the stockbroker has profited greatly from the use of the stolen customer lists and requests an injunction prohibiting her from doing business with anyone whose name appears on the stolen lists. Assuming that the plaintiff proves the allegations in its complaint, which of the following is the most likely reason the court would deny the request for injunctive relief.
A. No likelihood success on the merits
B. Balance of the hardships tips in favor of the Defendant
C. Plaintiff can be adequately compensated by an award of damages
D. Defendant not afforded due process as no notice of the request for injunction
was given
C
Datatex is a company that accumulates personal information regarding people who
shop online and sells the data to online merchants to use for marketing purposes. Datatex discovers its chief competitor, Sales Solutions, has stolen Datatex’s electronic files and is now selling this valuable consumer data which rightfully belongs to Datatex. Datatex wants to file a legal action seeking a court order prohibiting SalesSolutions from selling any more stolen information but has reason to believe that if SalesSolutions finds out about the lawsuit, it will destroy all incriminating evidence in its possession. Which of the following provides the best chance for Datatex to succeed in its lawsuit against SalesSolutions?
A. File a lawsuit against SalesSolutions that requests a preliminary injunction, and
have the complaint personally served on an authorized representative for SalesSolutions.
B. File a lawsuit against SalesSolutions that requests compensatory damages only, and have the complaint personally served on an authorized representative for Sales Solutions.
C. File a lawsuit against SalesSolutions that requests a preliminary injunction and a
temporary restraining order, and do not give any notice to SalesSolutions of the lawsuit until after the temporary restraining order is issued by the judge.
D. File a lawsuit against SalesSoultions that requests a preliminary injunction and a
temporary restraining order, and give notice to Sales Solutions by telephone at least 24 hours prior to the hearing on the request for the temporary restraining order.
C
Lisa Brown is a freshman at Jefferson High School who was not allowed to try out for
the school’s football team solely because she is female. Lisa files a civil rights lawsuit against the school, seeking a mandatory injunction requiring the school to allow her to try out for the team each season for the rest of the time she is enrolled as student. The lawsuit seeks injunctive relief only and does not request damages. After Lisa’s lawsuit is served on the school, a hearing is held on the request for a preliminary injunction, and evidence is submitted by both sides. At the conclusion of the hearing, the court rules in Lisa’s favor and grants a preliminary injunction, ordering the school to allow Lisa to try out for football. Which of the following is most likely to be the next procedural event that will occur in the case?
A. A trial on the merits
B. Judgment will be entered in Lisa Brown’s favor, concluding the case C. A hearing to determine whether school officials should be found in contempt
D. A hearing to determine whether a temporary restraining order should be issued
A
A homeowner can no longer afford his mortgage payments, and the mortgage
lender indicates foreclosure proceedings. The house is scheduled to be foreclosed upon and sold at auction in ninety days, at which time the homeowner will lose the house forever. In the meantime, the homeowner files a lawsuit against the lender alleging a single cause of action for fraud and requesting a preliminary injunction prohibiting the lender from foreclosing. However, while there are facts indicating the lender may possibly have engaged in fraud, the homeowner does not currently have enough evidence to prove it is more likely than not that fraud was committed. To have the best chance of having the request for a preliminary injunction granted, counsel for the homeowner should make which of the following arguments:
A. The court should balance the equities between the parties
B. The burden of proof should shift to the defendant on the issue of fraud
C. The court should employ the traditional test for determining whether to grant
injunctive relief
D. The court should employ the sliding scale or flexible approach for determining whether to grant injunctive relief
D (Near certainty of loss of home could make up for likelihood of success on the merits)
A federal district court issues the following injunctive order in a trade secrets/unfair competition case: “Defendant is hereby enjoined from engaging in business with
any person or entity set forth in Exhibit A to this order.” Which of the following best describes this injunction:
A. Structural - (Directed @org. or gov. entity)
B. Mandatory - Affirmatively take action
C. Prohibitory
D. Non-specific- not real
C
Andy and Keith are neighbors. Keith’s dog barks throughout the night, every night, preventing Andy and his family from sleeping. Andy sues Keith to enjoin the disturbance. Andy’s request for an injunction will most likely be:
A. Denied, because there is an adequate remedy at law.
B. Granted, in the form of a prohibitory injunction.
C. Denied, because of the difficulty of supervision -
D. Granted, because the nuisance is permanent.
B
Which of the following is necessary for a preliminary injunction?
A. Adequate damages
B. Irreparable harm
C. A trial on the merits
D. Malicious and oppressive conduct
B
