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in·junc·tion /in-'jəŋk-shən/ n [Middle French injonction, from Late Latin injunction- injunctio, from Latin injungere to enjoin, from in- in + jungere to join]: an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act compare cease-and-desist order at order 3b, damage; declaratory judgment at judgment 1a, mandamus; specific performance at performance, stay◇ An injunction is available as a remedy for harm for which there is no adequate remedy at law. Thus it is used to prevent a future harmful action rather than to compensate for an injury that has already occurred, or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. A defendant who violates an injunction is subject to penalty for contempt.affirmative injunction: an injunction requiring a positive act on the part of the defendant: mandatory injunction in this entryfinal injunction: permanent injunction in this entryinterlocutory injunction: an injunction that orders the maintenance of the status quo between the parties prior to a final determination of the matter; specif: preliminary injunction in this entrymandatory injunction: an injunction that compels the defendant to do some positive act rather than simply to maintain the situation as it was when the action was brought compare prohibitory injunction in this entryper·ma·nent injunction: an injunction imposed after a hearing and remaining in force at least until the defendant has complied with its provisions – called also final injunction, perpetual injunction;preliminary injunction: an interlocutory injunction issued before a trial for purposes of preventing the defendant from acting in a way that will irreparably harm the plaintiff's ability to enforce his or her rights at the trial – called also temporary injunction; compare temporary restraining order at order◇ Before a preliminary injunction can be issued, there must be a hearing with prior notice to the defendant. Under Federal Rule of Civil Procedure 65, the hearing and the trial may be consolidated.prohibitory injunction: an injunction that prohibits the defendant from taking a particular action and maintains the positions of the parties until there is a hearing to determine the matter in disputetem·po·rary injunction: preliminary injunction in this entry
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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noun
ban, bidding, command, command to undo wrong, denial, enjoinder, imperative, imperium, interdiction, iussum, judicial order to refrain from an act, mandatum, order, precept, prescript, prohibition, proscription, restraining order, restraint, restriction, stay order, warrant
associated concepts: cease and desist order, dissolution of an injunction, interlocutory injunction, modification of injunction, order to show cause, permanent injunction, preliminary injunction, temporary injunction, temporary restraining order
II
index
bar (obstruction), charge (command), check (bar), dictate, direction (guidance), direction (order), fiat, obstacle, obstruction, precept, prescription (directive), prohibition, proscription, recommendation, regulation (rule), requirement, requisition, restraint, veto
Burton's Legal Thesaurus. William C. Burton. 2006
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An injunction is a legal order that may be applied for in the courts so that one party may prevent another from taking a certain action in a situation where he has a reasonable case and where damages would be an inadequate remedy. It should be applied for at the earliest possible time as such an order will not be granted if there has been an undue delay.
Easyform Glossary of Law Terms. — UK law terms.
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n.A court order prohibiting someone from doing a specified act in order to prevent future injury.adj.injunctive
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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an order of the court preventing someone from doing something. See generally Att. Gen. v . The Observer Ltd [1987] 1 WLR 1248. It is a contempt of court to disobey. There are various types:(1) prohibitory;(2) mandatory, which prohibits an omission by ordering a positive act;(3) interlocutory, to maintain position until a full hearing;(4) perpetual, granted after a full hearing;(5) ex parte, granted in emergency after hearing only one party;(6) interim, granted and lasting only until a given date;(7) quia timet, 'because he fears'; such an application is made in respect of a wrong apprehended or threatened but not committed. The applicant must show a fear of an imminent grave danger: Hooper v . Rogers [1975] Ch. 43.See also Mareva injunction.
Collins dictionary of law. W. J. Stewart. 2001.
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A court decision commanding or preventing a specific act, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Courts grant injunctions to prevent harm—often irreparable harm—as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials.Category: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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A court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction).Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n. A judge's order to a party compelling or prohibiting certain described conduct.@ interlocutory injunctionAn injunction granted before trial, to preserve the status quo pending the court's final determination. Also known as an preliminary injunction.=>> injunction.@ mandatory injunctionAn injunction compelling a party to perform an action.=>> injunction@ permanent injunctionAn injunction granted after a trial on the merits, which forms part of the final judgment in the case.=>> injunction.@ preliminary injunctionAn injunction granted before trial, to preserve the status quo pending the court's final determination. Also known as an interlocutory injunction.=>> injunction.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A court order by which an individual is required to perform, or is restrained from performing, a particular act. A writ framed according to the circumstances of the individual case.
Dictionary from West's Encyclopedia of American Law. 2005.
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A court order by which an individual is required to perform, or is restrained from performing, a particular act. A writ framed according to the circumstances of the individual case.II A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do. Conversely, it may require him to perform an act which he is obligated to perform but refuses to do.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. The procedure is for someone who has been or is in danger of being harmed, or needs some help (relief) or his/her attorney, to a) petition for the injunction to protect his/her rights; to b) get an "order to show cause" from the judge telling the other party to show why the injunction should not be issued; c) serve (personally delivered) the order to show cause on the party whom he/she wishes to have ordered to act or be restrained ("enjoined"); partake in a hearing in which both sides attempt to convince the judge why the injunction should or should not be granted. If there is danger of immediate irreparable harm at the time the petition is filed, a judge may issue a temporary injunction which goes into effect upon it being served (deliver or have delivered) to the other party. This temporary injunction will stay in force until the hearing or sometimes until the outcome of a lawsuit is decided in which an injunction is one of the parts of the plaintiff's demands (in the "prayer"). A final and continuing injunction is called a permanent injunction. Examples of injunctions include prohibitions against cutting trees, creating nuisances, polluting a stream, picketing which goes beyond the bounds of free speech and assembly, or removing funds from a bank account pending determination of ownership. So-called "mandatory" injunctions which require acts to be performed, may include return of property, keeping a gate to a road unlocked, clearing off tree limbs from a right-of-way, turning on electricity or heat in an apartment building, or depositing disputed funds with the court.
Law dictionary. EdwART. 2013.
