Bar Exam Remedies Flashcards
6 cards from real Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Bar Exam Remedies flashcards as text
For a court to grant a permanent injunction, a plaintiff must typically show all of the following EXCEPT:
Answer: That the defendant acted with fraudulent intent throughout the dispute
The four traditional factors for a permanent injunction are success on the merits, irreparable harm, a favorable balance of equities, and no adverse public interest — fraudulent intent is not one of them.
Specific performance is available as a remedy for breach of contract primarily when:
Answer: The subject matter of the contract is unique and money damages are inadequate
Specific performance compels performance and is available when the subject matter is unique (such as real property or rare goods) so that money cannot adequately substitute.
Under FRCP 65, a temporary restraining order (TRO) may be granted ex parte — without notice to the opposing party — when:
Answer: Immediate and irreparable injury will occur before the opposing party can be heard
An ex parte TRO is justified only when giving notice would not prevent the immediate and irreparable harm that would occur before a contradictory hearing can be held.
The equitable defense of laches bars relief when:
Answer: The plaintiff unreasonably delayed asserting their claim, causing material prejudice to the defendant
Laches requires both unreasonable delay by the plaintiff and resulting prejudice to the defendant, making it inequitable to grant the requested relief.
A constructive trust is imposed as a remedial device to:
Answer: Disgorge property wrongfully obtained by the defendant and prevent unjust enrichment
A constructive trust is an equitable remedy that requires the wrongdoer to hold improperly acquired property for the rightful owner, preventing unjust enrichment.
Rescission of a contract as an equitable remedy:
Answer: Cancels the contract and restores the parties to their pre-contract positions
Rescission voids the contract and requires mutual restitution, returning each party to the status quo ante, and is available for fraud, mistake, duress, or failure of consideration.