Injunction

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Legal Definition and Related Resources of Injunction

Meaning of Injunction

An order of the court ordering a party to do or refrain from doing a particular act. Injunctions in their nature are either restrictive or mandatory . A restrictive injunction is one which orders a party to refrain from doing a thing, such as an injunction restraining a defendant from tearing down a fence , from infringing on a patent , from committing waste on a property , etc. See standard Oil Co. v U.S., 283 U.S. 163, 51 S.Ct. 421, 75 L.Ed. 926. A mandatory injunction is one where a party is ordered and directed to do a specific thing, such as to tear down a wall that encroaches on the plaintiffs property. A mandatory injunction will not be granted to compel the performance of acts that need the continuous supervision of the court. Injunctions as to duration may be either interlocutory , i.e. pending the disposition of the trial of the action wherein the injuntion is sought, or permanent or perpetual, that is an injunction granted on the final disposition of the action which is indefinite in duration. An order in the nature of an injunction to last a specified but short period of time may also be granted in which case it is properly known as temporary restraining order. See Houghton v Mever, 208 U.S. 149, 28 S.Ct. 234, 52 L.Ed. 432.

Injunction Alternative Definition

A prohibitory writ, issued by the authority of, and generally under the seal of, a court of equity, to restrain one or more of the defendants or parties, or quasi parties, to a suit or proceeding in equity, from doing, or from permitting his servants or others who are under his control to do, an act which is deemed to be unjust or inequitable so far as regards the rights of some other party or parties to such suit or proceedings in equity. Eden, Inj. c. 1; Jeremy, Eq. Jur. bk. 3, c. 2,§ 1; Story, Eq. Jur. § 861; Willard, Eq. Jur. 341; 4 Bouv. Insb. 120; 2 Green, Ch. (N. J.) 136; 1 Madd. 126.
(1) Preliminary injunctions are used to restrain the party enjoined from doing or continuing to do the wrong complained of, either temporarily or during the continuance of the suit or proceeding in equity in which such injunction is granted, and before the rights of the parties have been definitely settled by the decision and decree of the court in such suit or proceeding.
(2) Final or perpetual injunctions are awarded, or directed to be issued, or the preliminary injunction already issued is made final or perpetual, by the final decree of the court, or when the rights of the parties so far as relates to the subject of the injunction are finally adjudicated and disposed of by the decision and the order or decree of the court, 2 Freem. Ch. 106; 4 Johns. Ch. (N. Y.) 69; 3 Yerg. (Tenn.) 366; 1 Bibb (Ky.) 184; 4 Bouv. Inst. 123. In England, injunctions were divided into common injunctions and special injunctions, Eden. Inj. (3d Am. Ed.) 178, note; Willard, Eq. Jur. 342; Saxt. (N. J.) 504. The common injunction was obtained of course when the defendant in the suit in equity was in default for not entering his appearancei or for not putting in his answer to the complainant's bill within the time prescribed by the practice of the court. Eden, Inj. (3d Am. Ed.) 59-61, 68-72, 93, note; Story, Eq. Jur. § 892; 18 Ves. 523; Jeremy, Eq. Jur. bk. 3, c. 2, § 1, p. 339; Gilb. For. Rom. 194; Newby, Chanc. Prac. c. 4, § 7. Special injunctions were founded upon the oath of the complainant, or other evidence of the truth of the charges contained in his bill of complaint. They were obtained upon a special application to the court, or to the officer of the court who was authorized to allow the issuing of such injunctions, and usually upon notice of such application given to the party whose proceedings were sought to be enjoined. Story, Eq. Jur, § 892; 4 Eden, Inj. 78, 290; Jeremy, Eq. Jur. 339, 341, 342; 3 Mer. 475; 18 Ves. 522, 523. In the United States courts, and in the equity courts of most of the states of the Union, the English practice of granting the common injunction has been discontinued or superseded, either by statute or by the rules of the courts. And the preliminary injunctions are therefore all special injunctions in the courts of this country, where such English practice has been superseded.

Legal Definition of Injunction

Order by the court telling someone what he or she must do or must refrain from doing; the penalty for disobedience can be imprisonment.

Injunction Legal Definition

A court order forbidding or requiring a certain action.

United States Constitutional Meaning of Injunction

A form of writ prohibiting or requiring the performance of a specific act by a particular person. An injunction is a form of remedy available under a court's equity power.

Synonyms of Injunction

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

Related Entries of Injunction in the Encyclopedia of Law Project

Browse or run a search for Injunction in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Injunction in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Injunction in Historical Law in the Encyclopedia of Law.

For more information about Historical Law definitions, see Historical Definitions in the Encyclopedia of Law. For more information about Historical Law Books and Legal Documents, see Legal Encyclopedia of Historical Books and Documents and Legal Encyclopedia of Books and Documents of the 20th Century.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Injunction in the Legal Abbreviations and Acronyms Dictionary. The Legal Abbreviations and Acronyms Dictionary entries include explanations of the context of abbreviations or acronyms as well as the direct meaning.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Cease And Desist Order, Enjoin, Equity, Maxims Of, Grant, Impeachment Of Waste, Interlocutory, Mandatory Injunction, Permanent Injunction, Perpetual Injunction, Reasonable Cause, Right.

Translate Injunction from English to Spanish

Translation of Injunction, with examples. More about free online translation into Spanish of Interdicto and other legal terms is available here.

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Related topics Injunction in the World Encyclopedia of Law


Notice

This definition of Injunction Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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English Spanish Translation of Injunction

Medida cautelar

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Injunction) and the Word reference legal translator.

Synonyms and Definition Contents

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(2013, 05). Injunction legaldictionary.lawin.org Retrieved 04, 2014, from http://legaldictionary.lawin.org/injunction
"Injunction" legaldictionary.lawin.org. 05 2013. 04 2014 <http://legaldictionary.lawin.org/injunction>
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"Injunction" legaldictionary.lawin.org. 05, 2013. Accesed 04 2014. http://legaldictionary.lawin.org/injunction
Asian Law, 'Injunction' (legaldictionary.lawin.org 2013) <http://legaldictionary.lawin.org/injunction> accesed 2014 April 24

 

This entry was last modified: May 12, 2013

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Injunction Constitutional Law Category in the World Legal Wiki Encyclopedia
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Injunction Court Topic in the World Legal Wiki Encyclopedia
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