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 ?
980(c)(2), Temporary Injunction for Protection Against Domestic Violence without Minor Child(ren).
After the Supreme Court held that the permanent injunction standard for patent cases is the same as the permanent injunction standard for all cases, the old "special patent rule" (that permanent injunctions are automatic in patent cases when the patent owner wins) fell.
In the Giggs case, for example, while MP John Hemming eventually used privilege to disclose Giggs' name in relation to the injunction, Twitter users who spread the information while the injunction was in place could face charges and fines--at least if they reside in the U.
Yet, in the year since City Attorney Rocky Delgadillo announced that ex-gang members could petition to have their names removed from injunctions, just one person qualified.
The injunction, forbids assaults, threats, abuse and nuisance in the Abbey Court area of the town.
the court granted a preliminary injunction to bar the misuse of a trademark (OBH Inc.
The Court of Appeals also agreed with the landlord that the Supreme Court erred in concluding that the tolling of the cure period under the Yellowstone injunction automatically extended the renewal option until the cure was completed.
Using an injunction to abate a public nuisance is perhaps the most common use of this form of judicial relief.
The December 16 injunction broke the momentum of the boycott struggle at a time when hopes were high that the movement was unstoppable, and that segregated employment was about to be swept from Baltimore's Black neighborhoods.
Yaffe looked out into a courtroom dotted with city and county lawyers and police awaiting a ruling, and asked for any opposition to the injunction.
almost received an injunction which would have ordered RIM to stop making, selling, and supporting the Blackberry.
This, I will argue here, was a key fact that Judge MacKinnon and the lawyers seemed to ignore during the hearing of the motion for the injunction that was granted in Marc's favour in May of 2002.