What must a party demonstrate to obtain a temporary restraining order (TRO)?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

To obtain a temporary restraining order (TRO), a party must demonstrate immediate and irreparable harm, the likelihood of success on the merits, and that the balance of equities favors the issuance of the order. This means the party must show that without the TRO, they will suffer harm that cannot be adequately compensated with money or resolved through later legal remedies. Additionally, they must establish that they have a strong chance of winning their case if it proceeds to a full trial.

The requirement for immediate and irreparable harm ensures that TROs are not issued lightly, as they can disrupt the status quo. The likelihood of success on the merits assesses the strength of the party's legal claims, indicating the court should only intervene if there is a solid legal foundation for doing so. Lastly, the balance of equities involves weighing the interests of both parties; the court considers whether the harm to the applicant outweighs any potential harm to the opposing party from issuing the TRO.

None of the other choices sufficiently encapsulates the essential legal standards necessary for obtaining a TRO. While serving papers may be relevant in other contexts, it is not a specific requirement for a TRO. The posting of a monetary bond is usually required for permanent injunctions but is not a prerequisite for a TRO.

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