What is a Preliminary Injunction?

What is a Preliminary Injunction?

• A. A remedy that maintains status quo while equity action is pending
• B. A final judgment after trial
• C. A temporary transfer of property
• D. A notice of pendency

Answer: (A)

A Preliminary Injunction is a court-ordered stopgap that preserves the existing situation and prevents irreparable harm while a lawsuit is being decided. It’s a provisional remedy used to keep things as they are so the court can fairly resolve the dispute, rather than a decision on the merits itself. It isn’t a final judgment after trial, and it isn’t a temporary transfer of property or a notice of pendency—each of those has a different legal effect. To obtain one, the party typically must show a reasonable probability of success on the merits, that irreparable harm would occur without the injunction, and that the balance of equities (and often the public interest) weighs in favor of granting it, usually with a bond to cover potential damages if the injunction is later found unwarranted.

A Preliminary Injunction is a court-ordered stopgap that preserves the existing situation and prevents irreparable harm while a lawsuit is being decided. It’s a provisional remedy used to keep things as they are so the court can fairly resolve the dispute, rather than a decision on the merits itself. It isn’t a final judgment after trial, and it isn’t a temporary transfer of property or a notice of pendency—each of those has a different legal effect. To obtain one, the party typically must show a reasonable probability of success on the merits, that irreparable harm would occur without the injunction, and that the balance of equities (and often the public interest) weighs in favor of granting it, usually with a bond to cover potential damages if the injunction is later found unwarranted.