How does π get a Preliminary Injunction and what 3 things must it allege?

How does π get a Preliminary Injunction and what 3 things must it allege?

• A. Grounds for application; Probability of success on the merits; An undertaking to indemnify ∆ for damages
• B. Grounds for application; A bond; A security
• C. No affidavit required
• D. Only grounds for application

Answer: (A)

The essential idea is that a preliminary injunction is a provisional remedy to preserve rights while the case is decided, but it can be granted only if three things are shown in the filing. First, the grounds for the application—the petition must set out why provisional relief is appropriate, typically showing the need to preserve the status quo and prevent irreparable harm. Second, probability of success on the merits—the movant must present a prima facie case or other showing that there is a likelihood of succeeding on the main claims. Third, an undertaking to indemnify the defendant for damages—an actual bond or undertaking must be posted to cover potential damages if the injunction is later found to have been unwarranted. The other options omit one of these essential elements or replace it with something not required (for example, merely mentioning a bond or security without the success-on-the-merits requirement).

The essential idea is that a preliminary injunction is a provisional remedy to preserve rights while the case is decided, but it can be granted only if three things are shown in the filing. First, the grounds for the application—the petition must set out why provisional relief is appropriate, typically showing the need to preserve the status quo and prevent irreparable harm. Second, probability of success on the merits—the movant must present a prima facie case or other showing that there is a likelihood of succeeding on the main claims. Third, an undertaking to indemnify the defendant for damages—an actual bond or undertaking must be posted to cover potential damages if the injunction is later found to have been unwarranted. The other options omit one of these essential elements or replace it with something not required (for example, merely mentioning a bond or security without the success-on-the-merits requirement).