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 ?
"The injunction remains in place and we will continue to work with our partners including the police to take action when appropriate."
The injunction has been called into force several times in recent months.
There arenew signs on the main entrances to the boroughwarning about the traveller injunction.
"I am so pleased that the injunction is working well and helping us to protect our green spaces across the borough."
It is not the first time that the injunction has been tested as there were unauthorised travellers in caravans in the Miners Welfare Park.
"nationwide injunction." It then describes how, and why,
of the nationwide injunction. I then turn to an examination of the
The prevalent definition of a nationwide injunction
Sgt Hunter added: "This injunction would also not have been possible without the support of our key partners.
The present-day notion of a preliminary injunction, described in Rule 65 of the Federal Rules of Civil Procedure (9) and outlined in Winter v.
(25) For example, in 1823 the High Court of Chancery in Scotland reviewed a preliminary injunction concerning literary rights over an unpublished book.
(28) The courts of law and equity merged in 1934, (29) and while courts continued to treat a preliminary injunction as an equitable measure, (30) even Supreme Court decisions suffered from inconsistencies.