Plaintiff XYZ seeks a preliminary injunction to prevent Defendant ABC from continuing certain activities pending the resolution of their lawsuit. Which of the following is NOT a required factor that Plaintiff XYZ must demonstrate to obtain the preliminary injunction?
The correct answer is C. To secure a preliminary injunction, the plaintiff must show (1) a likelihood of success on the merits, (2) irreparable harm if the injunction is not granted, (3) that the balance of equities tips in their favor, and (4) that the injunction is in the public interest. Proving that the defendant has acted in bad faith is not a required factor.
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Why is irreparable harm a required factor for a preliminary injunction?
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What does 'balance of equities tipping in the plaintiff's favor' mean in this context?
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Why is bad faith by the defendant not a required factor for a preliminary injunction?
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Multistate Bar Examination
Civil Procedure
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