Injunctions/TRO

Question 1

An injunction that requires a D to do something is called a

Answer 1

mandatory injunction

Question 2

An injunction that prohibits D from doing something is a

Answer 2

prohibitory injunction

Question 3

An injunction after a court has fully heard a case is a

Answer 3

Permanent injunction

Question 4

A preliminary injunction is

Answer 4

Is a form of relief that can be issued prior to a full hearing on the merits

Question 5

In order for a Preliminary injunction to be granted there must be

Answer 5

1) Notice to the D and
2) a hearing on whether the injunction should be granted

Question 6

A Temporary restraining order (TRO)

Answer 6

Is used to preserve the status qou unit the court can make a decision on the preliminary injunction

Question 7

A TRO cannot last more than

Answer 7

14 days unless, the other party agrees OR the court finds good cause for an extension for a like period

Question 8

If a TRO is issued without notice the

Answer 8

Other party can make a motion to dissolve the TRO

Question 9

TRO’s cannot be appealed unless

Answer 9

They have the effect of a preliminary injunction

Question 9

If A TRO is issued without notice

Answer 9

The other party can make a motion to dissolve the TRO

Question 9

Unlike a Preliminary injunction, a TRO can be issued

Answer 9

Without notice if the moving party establishes under oath that

1) There will be immediate and irreparable harm if there is a delay; and

2) The moving party’s attorney satisfies in writing any efforts that have been made to give notice and the reason why notice is not required

Question 10

Unlike a Preliminary injunction, a TRO can be issued

Answer 10

Without notice if the moving party establishes under oath that

1) There will be immediate and irreparable harm if there is a delay; and

2) The moving party’s attorney satisfies in writing any efforts that have been made to give notice and the reason why notice is not required