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 ?
some commentators, especially counseled against a permanent injunction.
Although neither side disputed that the government agencies had violated NEPA, the defendants and intervenors argued before the Ninth Circuit that the scope of the injunction was too broad, the district court had abused its discretion, and the defendants should have had the chance to present evidence at a district court evidentiary hearing, as permanent injunctions require.
When considering the motion for permanent injunction, the district
In the release, Mitchell said it is important to note that on July 27, 2005, Judge Cebull will have heard arguments in the Montana court case, and could impose a permanent injunction.
The district court held that the commercial liens filed by the inmates were null and void and imposed a permanent injunction barring federal inmates from filing financial statements or liens without prior court approval.
The current ruling awards Entrepreneur Media a permanent injunction. A three-panel judge upheld the earlier trial court's decision that Smith's infringement of the trademark was deliberate and willful.
1978, Borowski's lawyer, Morris Shumiatcher, filed a statement of claim to the effect that the amendment to Section 251 of the Criminal Code which, in effect, allowed abortion on demand, violated the 1960 Canadian Bill of Rights which recognized the "right to life, liberty and security of the person." Also sought was a permanent injunction to prevent the Finance Minister of Canada from providing funds for abortion.
A court granted Kearnan a permanent injunction against Makowski, banning him from travelling within 250m of the presenter's home and the radio station he works from in Luton, England.
At one point Mr Potter was being guarded by nine Thai policeman, and he turned to the courts in a bid to seek a permanent injunction against Mr Price and J&B Sewing Machine Company Ltd.
California Superior Court Judge Alan Haber yesterday granted a permanent injunction against sale of the photos and also banned photographer John Rutter from either possessing or publicising them.
Richard Spearman QC, representing the Daily Mirror, said the newspaper had agreed to a permanent injunction to avoid 'a long drawn-out court battle'.
has obtained a permanent injunction and unspecified damages against Tabletops Unlimited Inc.

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