MBE Rules · Remedies
Contempt
Cal. Civ. Proc. Code § 1218
The rule
Injunctions are enforced by contempt: civil contempt coerces compliance with conditional sanctions the contemnor can purge; criminal contempt punishes past disobedience and requires proof beyond a reasonable doubt of a valid order, knowledge, ability, and willful violation.
In plain English
Contempt is a legal tool used to enforce injunctions. Civil contempt aims to compel someone to comply with a court order by imposing sanctions they can avoid by following the order, while criminal contempt punishes someone for failing to obey a court order, requiring a higher standard of proof.
Worked example
A court orders a company to stop polluting a river. The company ignores the order and continues to pollute. The court finds the company in civil contempt, allowing it to impose fines that the company can avoid by complying with the injunction. The outcome is that the company must stop polluting to avoid further penalties.
Memory hook
Contempt: comply to avoid fines, disobey to face punishment.
The trap
Exams may confuse students by blending civil and criminal contempt scenarios, making it easy to misidentify the type of contempt at play. Be cautious about the distinctions in the required proof and consequences.
How examiners test it
Questions often present a fact pattern involving a violation of a court order, asking whether the violation constitutes civil or criminal contempt, and what the appropriate remedies are.
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