Civil Procedure Multistate Bar Practice Exam

What does "balancing hardship" refer to in the context of a Preliminary Injunction?

1. Assessing the likelihood of a trial

2. Comparing the hardships for both parties involved

3. Determining the financial situation of the parties

4. Evaluating public opinion on the case

The correct answer is: Comparing the hardships for both parties involved

In the context of a preliminary injunction, "balancing hardship" refers to comparing the hardships that each party would face if the injunction is granted versus if it is denied. This assessment is a crucial part of the decision-making process regarding whether to issue a preliminary injunction. The court weighs the potential irreparable harm that the plaintiff might suffer without the injunction against the harm that the defendant may experience if the injunction is granted. When a party requests a preliminary injunction, they are seeking immediate relief to prevent potential harm while the case is being resolved. The court considers the severity of the anticipated injury, the likelihood of success on the merits, and the balance of hardships between the parties. If the potential harm to the plaintiff is significantly greater than any harm to the defendant, this may favor granting the injunction. Other options do not accurately capture what "balancing hardship" entails. Evaluating the likelihood of a trial focuses more on procedural aspects rather than the immediate impacts on the parties. Determining the financial situation of the parties may matter in the broader context of the case, but it does not define balancing hardship. Similarly, public opinion may inform some aspects of legal cases but is not central to the balancing of hardships involved in deciding whether to issue a preliminary injunction.