Overview & Injunctions

Question 1

What are equitable remedies?

Answer 1

Non-monetary remedies usually available only when awarding monetary damages is not enough

Question 2

What two instances will likely involve non-monetary remedies?

Answer 2

1. When there is an insolvent defendant
2. When land or unique items that have special value to the plaintiff are involved

Question 3

What is a mandatory injunction?

Answer 3

A court order that requires a party to do something

Question 4

What is a prohibitory injunction?

Answer 4

A court order that prohibits a party from doing something

Question 5

What are the three types of injunctions?

Answer 5

1. An ex parte temporary restraining order (TRO)
2. Preliminary Injunction
3. Permanent Injunction

Question 6

How long does a TRO last?

Answer 6

30 days, unless the parties agree to a longer term

Question 7

How long does a preliminary injunction last?

Answer 7

Until a final decision on the merits

Question 8

How long does a permanent injunction last?

Answer 8

It is entered after a decision on the merits and, lasts forever or until dissolved

Question 9

What is required for a valid injunction?

Answer 9

The injunction must:
1. Be definite in its terms; and
2. not refer to another document to understand what acts are required or prohibited

Question 10

What must a plaintiff show to obtain an injunction?

Answer 10

The plaintiff must show a real and immediate threat that the act will be repeated in the future. It is not sufficient to show past acts.

Question 11

T or F: An injunction can compel or halt a prosecution for a criminal offense or violation of a city ordinance

Answer 11

False

Question 12

Why might a court deny an injunction?

Answer 12

If the injunction requires extensive judicial involvement or continued court supervision unless the injunction involves an important constitutional issue

Question 13

Purpose of a TRO?

Answer 13

TO preserve the status quo until the court holds a preliminary injunction hearing

Question 14

What is needed to obtain an ex parte injunction?

Answer 14

1. An affidavit or verified complaint clearly shows specific facts that immediate and irreparable injury will result to the applicant before the adverse party can be notified; and
2. The applicant’s lawyer certifies to the court in writing the efforts he undertook to give notice and the reasons notice is not required

Question 15

Is a TRO appealable?

Answer 15

No

Question 16

Upon _______ days’ notice, a party subject to the TRO may move to dissolve or modify it

Answer 16

Two

Question 17

For a preliminary injunction, the movant must show:

Answer 17

1. Substantial likelihood that it will prevail on the merits of the claim at trial;
2. Substantial threat that movant will suffer irreparable harm for which there is no adequate remedy at law without the injunction;
3. Harm to movant outweighs harm to non-movant from the injunction
4. Granting the injunction will not disserve the public interest

Question 18

For a permanent injunction, the movant must show:

Answer 18

1. Substantial threat that movant will suffer irreparable harm for which there is no adequate remedy at law without the injunction;
2. Harm to movant outweighs harm to non-movant from the injunction
3. Granting the injunction will not disserve the public interest

Question 19

Injunction against future trespass is appropriate when:

Answer 19

• Defendant is insolvent
• Repeated trespassers are anticipated
• Multiple lawsuits would be necessary

Question 20

What is encroachment?

Answer 20

A piece of real property projects from one property over or under the property line of another landowner’s premises.

Question 21

What is the remedy if a defendant has notice its structure would encroach on the plaintiff’s property?

Answer 21

The plaintiff is entitled to mandatory injunction ordering removal of the structure

Question 22

What is the remedy if a defendant has no notice its structure would encroach on the plaintiff’s property?

Answer 22

The plaintiff is entitled to mandatory injunction UNLESS the hardship on the defendant to remove the structure is significantly greater than the injury to the plaintiff from the denial of the of the injunction.

Question 23

The plaintiff may seek an injunction to prevent the defendant from _______ or _______ the plaintiff’s real property

Answer 23

injurying or destroying

Question 24

Removing things from land?

Answer 24

Plaintiff may seek an injunction to prevent future severancw

Question 25

Removing things left on land?

Answer 25

A plaintiff may obtain a MANDATORY injunction requiring defendant to remove things defendant placed on the land and a PROHIBITORY injunction to enjoin future dumping

Question 26

What remedy is available to prevent interference with a plaintiff’s easement?

Answer 26

A court can enjoin the defendant who interferes with plaintiff’s easement rights if injunction does not disproportionately burden the defendant

Question 27

Waste

Answer 27

Transformation of property by one rightfully in possession of the property that detrimentally affects another person’s interest in that property

Question 28

Can a landlord obtain an injunction for affirmative waste?

Answer 28

Yes, a prohibitory injunction

Question 29

Can a landlord obtain an injunction for permissive waste?

Answer 29

No

Question 30

Can a plaintiff enjoin a public nuisance?

Answer 30

Generally, no unless criminal punishment is an inadequate remedy

Question 31

Trover

Answer 31

Recovering personal property wrongfully possessed by the defendant. Often used to recover items unique or special to the plaintiff

Question 32

T or F: A plaintiff can enjoin a defendant’s ongoing activities that cause the plaintiff personal harm (such as health issues)

Answer 32

True

Question 33

T or F: A plaintiff who is being personally defamed can obtain an injunction against future speech

Answer 33

False, such injunctions are likely unconstitutional prior restraints on speech

Question 34

Can a plaintiff whose privacy interests have been invaded seek an injunction?

Answer 34

Yes, unless it would unconstitutionally infringe on the defendant’s free speech rights

Question 35

Customer non-solicitation provision

Answer 35

1. Employee cannot solicit or attempt to solicit business from employer’s customers or prospective customers with whom employee had material contacts
2. The provision is enforceable if for a reasonable time period
3. Will be enforceable even though the provision does not specify a geographic area

Question 36

Nondisclosure of confidential information provision

Answer 36

Agreement to maintain information as confidential or as a trade secret enforceable even if not restricted by time or geographic area

Question 37

Rescission of a K

Answer 37

Avoid or undoes a contract

Question 38

Grounds for rescission of a K

Answer 38

1. Available if parties mutually assent
2. Available if a party was fraudulently induced
3. Available if unilateral mistake by party seeking to rescind