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B. Lahey
April 14, 2009, 11:03 PM
I was just doing some electronic legal exercises for my Equities & Remedies class when I came across this entertaining question. Figured my fellow gun/law/civil rights nerds would get a kick out of it.


Rambo Royster (an individual who you may be familiar with from other CALI LessonettesĀ®) applies for admission to the Glenview Hills Country Club (GHCC). As you may recall, GHCC is a very exclusive and upscale club. Membership is selective and and any member has the right to "blackball" any applicant. A number of members raise questions regarding Rambo's suitability for membership, noting that he is rather nerdish and that he likes to shoot guns. In the end, two members elect to "blackball" Rambo's application. Enraged, Rambo sues seeking an order requiring GHCC to admit him to membership.

We know that the court is unlikely to grant Rambo the requested relief for a variety of discretionary reasons (i.e., the court is unwilling to "foist" unwilling parties on each other, and it is reluctant to issue orders that will require "continuing supervision"). But, if we ignore those concerns for the moment, and focus strictly on the five requirements for preliminary injunctive relief, do those factors justify providing preliminary injunctive relief to Rambo?

Yes / No

If you answer "No", you get the following question:

Why is preliminary injunctive relief inappropriate?
A. Courts are wary of those who are nerdish and like guns.
B. The public interest disfavors exclusive clubs that discriminate.
C. Rambo is unable to show that he is likely to succeed on the merits.
D. Please change my answer.


If you answer "Yes", you get the following question:

Why is preliminary injunctive relief appropriate?
A. Monetary damages will not provide Rambo with an adequate remedy and therefore his injury is irreparable.
B. As the court "balances the hardships," it will find that the hardship that will be imposed on Rambo absent injunctive relief is greater than the hardship that will be imposed on GHCC if relief were granted.
C. Change my answer.



If anyone cares what happens to Rambo, I will post the answer later.:)

jjyergler
April 15, 2009, 10:40 PM
I like the answer no, and A to the followup. :D

Al Norris
April 15, 2009, 10:46 PM
No and "C" on the followup.

pendennis
April 15, 2009, 10:48 PM
No. And "C".

B. Lahey
April 16, 2009, 12:26 AM
Poor Rambo. Yep, it's "No" and "C".

They gave it away at the end of the question.