A plaintiff files a motion requesting that the court order a defendant to refrain from demolishing a building for 30 days while a property rights dispute is resolved. What must the plaintiff demonstrate to obtain this type of remedy?
The plaintiff must demonstrate a likelihood of irreparable harm, a strong likelihood of success on the merits, that the balance of equities tips in their favor, and that public interest considerations support granting the injunction.
The plaintiff must prove monetary damages and demonstrate that such damages would be an adequate remedy at law.
The plaintiff must demonstrate a strong likelihood of success on the merits and that the harm to the defendant will be minor.
The plaintiff must demonstrate that the defendant acted with wrongful intent and establish that no harm will occur to the opposing party if the injunction is granted.
The correct answer is that the plaintiff must demonstrate a likelihood of irreparable harm, a strong likelihood of success on the merits, that the balance of equities tips in their favor, and that public interest considerations support granting the injunction. These four elements are the well-established criteria courts apply when determining whether to grant a preliminary injunction. The other answers fail to meet this legal standard. For example, proving monetary damages is insufficient because injunctive relief focuses on preventing harm that cannot be remedied by money. Similarly, showing malicious intent is irrelevant, as injunctions do not depend on the subjective intent of the defendant. Lastly, requiring certainty of success imposes an improperly high standard that does not reflect the legal framework for preliminary injunctions.
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Multistate Bar Examination
Civil Procedure
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