Question

Mrs. Jane lives in a small residential neighborhood. 100-year-old trees surround her home, and her neighbor Mr. Joe claims the trees are on his property and is planning on cutting them down. Mrs. Jane tries to reason with Mr. Joe, but he refuses to listen. Mrs. Jane files a lawsuit that includes a court order for Mr. Joe to stop his actions until they can work something out. What type of court order is this?

A) a temporary protective order
B) an authorized dispute order
C) an injunction
D) an easement

Answer 1

A preliminary injunction is the type of court order Mrs. Jane would seek to prevent Mr. Joe from cutting down the trees, which requires showing imminent harm and likelihood of success on the merits of the property dispute.

Step-by-step explanation:

The type of court order Mrs. Jane would likely seek is called a preliminary injunction. This legal remedy is requested to prevent imminent harm by stopping another party from performing an action, in this case, stopping Mr. Joe from cutting down the trees. A preliminary injunction maintains the status quo until the lawsuit can be settled or a trial can determine the final resolution of the issue. Mrs. Jane must show that she would suffer irreparable harm if the trees were cut down, that she is likely to succeed on the merits of her case, and that the balance of harms favors her.

The court would need to consider the ownership and property rights involved. This situation exemplifies the complexities noted by Coase, who emphasized the importance of defining property rights and legal obligations. If Mr. Joe indeed has the property right to cut down the trees, then the injunction may not be granted. However, if the trees are determined to be on Mrs. Jane's property, or if an easement or local conservation laws protect them, the injunction might be upheld.