Bar Exam Bar Exam Remedies 2

Question 1

For a court to grant a permanent injunction, a plaintiff must typically show all of the following EXCEPT:

Accepted Answer

That the defendant acted with fraudulent intent throughout the dispute

Answer

Success on the merits of the underlying claim

Answer

Irreparable harm in the absence of injunctive relief

Answer

That the balance of hardships favors the plaintiff

Question 2

Specific performance is available as a remedy for breach of contract primarily when:

Accepted Answer

The subject matter of the contract is unique and money damages are inadequate

Answer

The plaintiff wants to avoid the burden of calculating money damages

Answer

The defendant acted in bad faith during contract formation or performance

Answer

The contract involves a sale of goods with a price exceeding $500

Question 3

Under FRCP 65, a temporary restraining order (TRO) may be granted ex parte — without notice to the opposing party — when:

Accepted Answer

Immediate and irreparable injury will occur before the opposing party can be heard

Answer

The plaintiff posts a sufficient security bond with the court

Answer

The defendant is believed to be a flight risk or foreign national

Answer

The plaintiff demonstrates a substantial likelihood of success on the merits

Question 4

The equitable defense of laches bars relief when:

Accepted Answer

The plaintiff unreasonably delayed asserting their claim, causing material prejudice to the defendant

Answer

The plaintiff filed suit in a court lacking subject matter jurisdiction over the claim

Answer

The plaintiff previously litigated the same claim and received a final judgment

Answer

The plaintiff failed to name a required party in the original complaint

Question 5

A constructive trust is imposed as a remedial device to:

Accepted Answer

Disgorge property wrongfully obtained by the defendant and prevent unjust enrichment

Answer

Establish a formal trust where no written agreement was signed

Answer

Administer the estate of a deceased person before probate is completed

Answer

Protect the property of an incapacitated person from exploitation

Question 6

Rescission of a contract as an equitable remedy:

Accepted Answer

Cancels the contract and restores the parties to their pre-contract positions

Answer

Enforces the contract and awards the plaintiff the full benefit of the bargain

Answer

Reforms the written contract to reflect the parties' true agreement

Answer

Requires the defendant to pay the plaintiff's expected profits from performance