Civil Procedure Multistate Bar Practice Exam

Which type of injunction allows for interlocutory appeals as a matter of right?

1. Temporary restraining orders

2. Preliminary injunctions

3. Permanently injunctions

4. Emergency injunctions

The correct answer is: Preliminary injunctions

A preliminary injunction is a court order issued before a trial that prohibits a party from taking a certain action that could cause harm. The significance of preliminary injunctions is that they can be appealed interlocutorily, which means that the appeal can occur before the final judgment in the case is reached. This is crucial for parties who may suffer irreparable harm if they must wait until the end of the litigation to appeal the decision. In contrast, temporary restraining orders (TROs) are typically short-term and often do not allow for interlocutory appeals as a matter of right. After a TRO expires, parties generally seek a preliminary injunction, at which point the ability to appeal arises. Permanently injunctions are final orders and can be appealed, but that process occurs after the conclusion of the trial, meaning they do not allow for interlocutory appeal as a matter of right. Emergency injunctions, while sometimes used in urgent situations, also typically fall under the broader categories of TROs or preliminary injunctions, depending on their specifics, and do not have distinct appeal rights. The ability to appeal a preliminary injunction brings a level of urgency and protects the rights of the parties involved, particularly in cases where the potential consequences of the injunction could cause significant issues