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MMLU-Pro / 1196 / Two days before his home was to be sold at a foreclosure sale, a homeowner…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Two days before his home was to be sold at a foreclosure sale, a homeowner obtained a temporary restraining order (TRO) in federal court that prevented his lender from proceeding with the sale for 14 days or until a preliminary injunction hearing could take place, whichever was sooner. When a preliminary injunction hearing could not be scheduled within the original 14-day period, the court extended the TRO for another 30 days. The lender appealed the court's order extending the TRO. The homeowner has moved to dismiss the appeal. Is the appellate court likely to dismiss the appeal?

category

law

options

  1. No, because the TRO is considered a final order and therefore appealable.
  2. No, because the lender has the right to appeal any order that prevents the foreclosure sale.
  3. Yes, because the preliminary injunction hearing could not be scheduled within the original 14-day period.
  4. No, because a TRO is immediately appealable.
  5. Yes, because the lender did not have the right to appeal the TRO extension.
  6. No, because the 30-day extension makes the TRO equivalent to a preliminary injunction and therefore appealable.
  7. Yes, because the court did not have jurisdiction to extend the TRO.
  8. No, because the homeowner's motion to dismiss is not valid.
  9. Yes, because there is no final judgment from which an appeal may be taken.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1196
task_id
9bf0823d-b33c-59a4-bbc0-e10993497b86
task_key
default--test--1196
task_revision_id
1
config / split
default / test

Official source

initial import