(1) Whether a district court, in deciding a motion for a preliminary injunction, is entitled to make factual findings based on evidence that, even if not admissible at trial, demonstrates that the moving party would have little difficulty proving such facts at trial.

(2) Where a plaintiff, in moving for a preliminary injunction, submits evidence in support of an essential factual element of his claim, and the defendant does not question the plaintiff's evidence or dispute the plaintiff's allegation, whether a district court is in those circumstances entitled to conclude that the plaintiff has demonstrated a substantial likelihood of prevailing on that factual element.

(3) Whether, under Bucklew v. Precythe, an inmate must have an expert specifically testify that his proposed alternative method of execution will be significantly less painful compared to the method the State intends to use, or whether a district court can make that required factual finding based on other evidence that the inmate has put forward.

(4) Whether a court of appeals may affirm a district court's judgment by reversing the district court's finding of fact on an issue that the appellee did not contest in the district court and waived on appeal.

Whether a district court can make factual findings based on evidence that may not be admissible at trial