injunction – a court order commanding an action to be done, or preventing an action from being in order to prevent (further) injury

     This page is continued from Civil Complaint Self-Help Walkthrough >>>> Section 3:


n. (16c.)

1. A court order commanding or preventing an action. To get an injunction, the complainant must show that there is not plain, adequate, & complete remedy at law & that an irreparable injury will result unless the relief is granted. — aka writ of injunction, equitable injunction. [1]

1. A court order that commands or prohibits some act or course of conduct.  It is preventive in nature and designed to protect a plaintiff from irreparable injury to his property or property rights by prohibiting or commanding the doing of certain acts. (EXAMPLE: a court order prohibiting unlawful picketing.)  An injunction is a form of equitable relief.  

2. A command; a mandate; an order. [2]

1. A term of dual meaning, having reference to a suit to enjoin or to the writ, process, or restraining order issued pursuant to an order or decree obtained in the suit. 28 Am J Rev ed Inj § 2.

In the former aspect, a form of action in equity which is designed to protect a plaintiff from irreparable injury to his property or other rights of which a court of equity will take cognizance, by prohibiting or commanding the doing of certain acts. Ladner v Siegel, 298 Pa 487, 148 A 699, 68 ALR 1172.

In the latter aspect, a formal command of the court couched in the form of an order, writ, or process, as the local practice may require, directing the persons named therein to refrain from doing certain specified acts which appear to be against equity or conscience, or, where the relief is mandatory in form, commanding them to take certain steps to undo the wrong or injury with which they are charged-a command to refrain from, or to do a particular act. 28 Am J Rev ed Inj §2.

In the legal usage of the term in some jurisdictions, reference to an “injunction” is to what is known in other jurisdictions as a temporary injunction. In such jurisdictions, an injunction in the sense of a final order which determines a controversy is deemed essentially the same as any other judgment or decree in equity, notwithstanding the order may include the enjoining of the performance of an act or an order requiring the performance of an act.
     See common injunction; irreparable injury; preliminary injunction; prohibitory injunction; restraining order.

General Legal Terms
pertaining to Injunctions:

injunctive relief – relief resulting from an injunction.

Irreparable-Injury Rule – the principle that equitable relief (i.e. injunction) is available only when no adequate legal remedy (money damages) exists. — aka adequacy test.

injunction against suit: See stay.

injunction bond: A bond required of the plaintiff as a condition of obtaining relief by a preliminary or interlocutory injunction. 28 Am J Rev ed Inj § 301.

injunction in labor dispute: A pertinent classification because of the prevailing pendency to regulate such relief closely by statute. 31 Am J Rev ed Lab §§ 490 et seq.

injunction pendente lite: A temporary injunction which is to operate pending a hearing of the suit on its merits, or until the final decree of the court is rendered. 28 Am J Rev ed Inj § 12. [3]

Types of Injunctions:

Types of Injunctions used only
for Commanding Particular Action(s)
to be Done:

mandatory injunction – an injunction that orders an affirmative act or mandates a specified course of conduct – aka affirmative injunction.
Cf. prohibitory injunction.

reparative injunction – an injunction requiring the defendant to restore the plaintiff to the position that the plaintiff occupied before the defendant committed a wrong.

Types of Injunctions
only used to Prevent Actions:

antisuit injunction – an injunction prohibiting a litigant from instituting other, related litigation, usually between the same parties on the same issues.

anti-antisuit injunction – an injunction prohibiting a litigant subject to the jurisdiction of a local court from seeking in a foreign court to restrain the continuation of a proceeding in the local court.

headstart injunction – an injunction prohibiting the defendant from using a stolen trade secret for a period of time equal to the time between the date of the secret’s theft and the date when the secret became public.

hyperinjunction – a gag order that bars discussing the subject matter or the existence of the injunction itself, except to lawyers of the recipient’s council.

preliminary injunction – a temporary injunction issued before or during trial to prevent an irreparable injury from occurring before the court has a chance to decide the case. — aka interlocutory injunction; temporary injunction; provisional injunction; injunction pendente lite.

  • ex parte injunction – a preliminary injunction issued after the court has heard from only the moving party, and without notice to the adverse party. – aka temporary restraining order.

preventative injunction – an injunction designed to prevent a loss or injury in the future via commanding a party to refrain from doing a specified act or acts. — aka prohibitory injunction.

quia-timet injunction – an injunction granted to prevent an action that has been threatened but has not yet violated the plaintiff’s rights or interest.

special injunction – an injunction in which the prohibition of an act, in order to prevent irreparable injury, is the only relief ultimately sought.

superinjunction – a type of gag order that forbids the recipient not just to discuss the subject matter but also to reveal the existence of the injunction itself.


common injunction – an injunction grantable as an order of course, without reference to the merits, when the defendant failed to appear or failed to timely plead, answer, or move to dismiss. – aka equitable common

permanent injunction – a (not necessarily permanent) injunction granted after a final hearing on the merits, as distinguished from a temporary injunction granted to provide temporary relief – aka perpetual injunction; final injunction.

  • use injunction – a permanent injunction prohibiting the use of specified information that the court has found to constitute a trade secret.
  • production injunction – a permanent injunction prohibiting specified conduct in a field or activity that the court has found to embrace misappropriated trade secrets.

     See affirmative relief; restraining order; specific performance.  See also ex parte injunction; mandatory injunction; permanent injunction; preliminary injunction; preventative injunction; temporary injunction. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[3]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931


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