injunction

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injunction

a court order issued to a person or company requiring them to desist from behaving in ways which are harmful to other people. See CONTRACT, TORT.

injunction

A court order requiring a party to do something,or to stop doing something,until further notice.If the party fails to perform according to the injunction, then the party will be required to appear in court, defend his or her actions, and show cause why he or she should not be held in contempt of court.If held in contempt,the party may be ordered to pay a fine,may be jailed until the contempt is cured,or could suffer both consequences.

Injunctions come in three varieties:

1. Temporary restraining order (TRO). Usually obtainable with little or no notice to the defendant, sometimes as quickly as within an hour or so if the complaining party can convince a judge that there is immediate risk of irreparable harm if the restraining order is not issued.

2. Preliminary injunction. Usually issued after a TRO, if the judge decides that an injunction should remain in effect until such time as there can be a full trial on the merits of the case. Failure to obtain a TRO does not mean a judge will not issue a preliminary injunc- tion; it simply means the judge did not agree with the plaintiff's evaluation of the neces- sity for urgent action.

3. Final injunction. The final order issued by a court after it has heard all the evidence and legal arguments for and against the injunction. The order is a final order, from which the parties may appeal.

References in periodicals archive ?
availability of nationwide injunctions (outside of the context of
courts from ever fashioning nationwide injunctions for nonstate
injunctions. I take no ultimate position on that question, but I do
availability of nationwide injunctions. I also tackle arguments that
nationwide injunctions are (beyond the context of state plaintiffs)
desirable and undesirable, making the case that nationwide injunctions
(14.) WILLIAM WILLIAMSON KERR, A TREATISE ON THE LAW AND PRACTICE OF INJUNCTIONS 15 (6th ed.
(19.) John Leubsdorf, The Standard for Preliminary Injunctions, 91 HARV.
(44.) See, e.g., Taylor Payne, Now Is the Winter of Ginsburg s Dissent: Unifying the Circuit Split as to Preliminary Injunctions and Establishing a Sliding Scale Test, 13 TENN.
2d at 338 (clarifying that "a distinction may be drawn between injunctions directly challenging the enforcement of a statute or regulation from those only seeking the government's compliance with them").
This idea is finding support in the judiciary as well, with Justice Thomas recently writing a separate concurrence to declare, "I am skeptical that district courts have the authority to enter universal injunctions." Trump v.
(156.) This is especially true in cases where inconsistent, narrow injunctions will be unadministrable.