Preliminary injunctions and temporary restraining orders - Next Generation Bar Exam

1. What notice is required before a court may issue a preliminary injunction?

   Notice to the adverse party. Only a temporary restraining order may issue without notice.

2. Under Winter v. Natural Resources Defense Council, what must a party show to obtain a preliminary injunction?

   Likely success on the merits, likely irreparable harm, a balance of equities in its favor, and that relief serves the public interest. A preliminary injunction is an extraordinary remedy never awarded as of right.

3. Under Rule 65(d)(2), who is bound by an injunction?

   The parties, their officers, agents, employees, and attorneys, and others in active concert who receive actual notice. Nonparties are bound only if they act in concert with a party and have actual notice.

4. Under Rule 65(d), what must every injunction or restraining order state?

   The reasons it issued, its terms specifically, and the acts restrained in reasonable detail, without reference to other documents. The specificity requirement ensures that those bound know what is prohibited.

5. Under Winter, how likely must irreparable harm be?

   Likely, not merely possible. A mere possibility of irreparable harm is too lenient a standard.

6. How long may a temporary restraining order issued without notice remain in effect?

   Up to 14 days, unless extended once for good cause or by the adverse party's consent. An extension for good cause may be for a like period.

7. Under Rule 65(b)(1), what must a movant show to obtain a temporary restraining order without notice?

   Facts showing immediate irreparable injury before a hearing, plus counsel's certified notice efforts and reasons to excuse notice. The facts must appear in an affidavit or a verified complaint.

8. On how much notice may a party restrained by an ex parte temporary restraining order move to dissolve or modify it?

   Two days' notice, or shorter notice set by the court. The court must hear and decide the motion as promptly as justice requires.

9. A court issues an ex parte temporary restraining order on March 1 and does not extend it. When does the order expire?

   At the end of March 15. An ex parte order may last no more than 14 days absent extension or consent.

10. What may a court do with the trial on the merits when it holds a preliminary injunction hearing?

    Advance the trial and consolidate it with the hearing. Evidence received at the hearing becomes part of the trial record even without consolidation.

11. Under Rule 65(c), what must a movant do before a preliminary injunction or temporary restraining order issues?

    Give security in an amount the court considers proper to pay costs and damages if the party was wrongfully restrained. The security caps the enjoined party's recovery for a wrongful injunction.

12. What is the traditional purpose of a preliminary injunction?

    To preserve the relative positions of the parties until a trial on the merits. Injunctions altering the status quo are often subjected to closer scrutiny.

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