Certified Legal Assistant Certified Paralegal (CLA-CP) 2025 – 400 Free Practice Questions to Pass the Exam

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What type of order can compel a party to either act or refrain from acting in a certain way?

A declaration

The correct choice is a temporary restraining order. This type of order is issued by a court to prevent a party from taking certain actions that could cause harm or prejudice to another party until a further hearing can take place. It is often used in situations where immediate action is necessary to protect the interests of one party or to maintain the status quo.

Temporary restraining orders are typically granted without a full hearing, based on the evidence presented, and they are intended to be a short-term solution that lasts until a more comprehensive hearing can determine whether a more permanent injunction is warranted.

In contrast, a declaration serves as a statement from the court regarding the rights and legal obligations of the parties involved, but it does not compel specific actions. A monetary judgment involves the payment of money rather than requiring a party to act or refrain from specific actions. A subpoena is a legal document that orders an individual to appear in court or produce documents but does not compel specific behavior in the way a restraining order does. Therefore, the proper mechanism for compelling a party’s behavior, either positively or negatively, is the temporary restraining order.

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A monetary judgment

A subpoena

A temporary restraining order

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