Practice question
After hearing, the court finds that a broadly worded preliminary injunction restrains unrelated lawful operations beyond the threatened conduct shown. Must it either leave the order untouched or dismiss the entire case?
- Yes, an overbroad order can never be narrowed
- No; Section6 permits modification when the relief’s extent is too great
- Yes, overbreadth automatically defeats all substantive claims
- The sheriff may rewrite the order privately
- The applicant’s preference controls the scope conclusively
Legal references
- Rule58 Section6: https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.