Civil Procedure Multistate Bar Practice Exam

Which of the following must be shown to obtain a Preliminary Injunction?

1. Irreparable harm is unlikely

2. Likelihood of winning on the merits

3. Public interest is irrelevant

4. Only financial harm is considered

The correct answer is: Likelihood of winning on the merits

To obtain a preliminary injunction, a party must demonstrate a likelihood of succeeding on the merits of their case. This means the party needs to show that they have a legitimate legal claim that will probably succeed if the case is fully litigated. The rationale behind this requirement is that courts do not want to issue injunctions lightly or without sufficient legal grounds, particularly since a preliminary injunction can significantly alter the status quo before a full hearing has taken place. The other options do not correctly reflect the criteria for a preliminary injunction. For instance, showing that irreparable harm is unlikely contradicts the need to demonstrate that irreparable harm is likely to occur without the injunction. Public interest is also a significant factor in considering a preliminary injunction, as courts often weigh the potential impact on the public before granting such relief. Lastly, the notion that only financial harm is considered is misleading; courts can consider a variety of harms, including non-monetary damages, when determining the necessity of an injunction.