{"id":6732,"date":"2017-11-05T18:20:35","date_gmt":"2017-11-05T18:20:35","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=6732"},"modified":"2020-05-27T14:54:32","modified_gmt":"2020-05-27T14:54:32","slug":"injunction-a-variety-of-writs-to-command-or-prevent-an-action-that-the-plaintiff-has-shown-to-be-necessary-to-prevent-injury","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=6732","title":{"rendered":"injunction – a court order commanding an action to be done, or preventing an action from being in order to prevent (further) injury"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Complaint Self-Help Walkthrough<\/a> >>>> Section 3<\/a>:
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injunction<\/span>:
\n<\/strong><\/span>n<\/em>. (16c.)<\/span><\/p>\n

1.<\/strong>\u00a0A court order<\/a> commanding or preventing an action. To get an\u00a0<\/strong>injunction, the complainant<\/a> must show that there is not plain, adequate, & complete\u00a0<\/strong>remedy at law & that an irreparable injury will result unless the relief is granted.<\/strong> \u2014 aka\u00a0writ of injunction<\/em><\/strong><\/span>, equitable injunction<\/em><\/strong><\/span>. [1]<\/span><\/p>\n

1. A court order<\/a> that commands or prohibits some act or course of conduct.\u00a0 It is preventive in nature and designed to protect a plaintiff<\/a> 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.)\u00a0 An injunction is a form of equitable relief<\/a>.\u00a0\u00a0<\/span><\/strong><\/p>\n

2. A command; a mandate; an order.\u00a0<\/span><\/strong>[2]<\/span><\/p>\n

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 \u00a7 2<\/span>. <\/span><\/strong><\/p>\n

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<\/em>, 298 Pa 48<\/span>7, 148 A 699, 68 ALR 1172<\/span>. <\/span><\/span><\/strong><\/p>\n

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<\/span> particular act. 28 Am J Rev ed Inj \u00a72<\/span>.<\/span><\/strong><\/p>\n

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In the legal usage of the term in some jurisdictions, reference to an \u201cinjunction\u201d 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.
\n<\/span><\/strong>\u00a0\u00a0\u00a0\u00a0 <\/span>See common injunction<\/em>; irreparable injury<\/em>; preliminary injunction<\/em>; prohibitory injunction<\/em>; restraining order<\/em>.<\/span><\/p>\n

General Legal Terms<\/span>
\npertaining to Injunctions:<\/span><\/strong><\/p>\n

injunctive relief<\/span><\/a> – relief resulting from an injunction.<\/span><\/strong><\/p>\n

Irreparable-Injury Rule<\/span><\/a> – the principle that equitable relief (i.e. injunction) is available only when no adequate legal remedy (money damages<\/a>) exists.<\/strong> \u2014 aka adequacy test<\/strong><\/em><\/span>.<\/span><\/p>\n

injunction against suit<\/span>:<\/strong><\/span> See stay.<\/span><\/p>\n

injunction bond<\/span>:<\/span> A bond required of the plaintiff as a condition of obtaining relief by a preliminary or interlocutory injunction. 28 Am J Rev ed Inj \u00a7 301<\/span>.<\/span><\/strong><\/p>\n

injunction in labor dispute<\/span>:<\/span> A pertinent classification <\/span><\/strong>because of the prevailing pendency to regulate such relief closely by statute. 31 Am J Rev ed Lab \u00a7\u00a7 490 <\/span><\/span><\/strong>et seq<\/span>.<\/span><\/strong><\/p>\n

injunction pendente lite<\/span>:<\/span> 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 \u00a7 12<\/span>.<\/strong> [3]<\/span><\/p>\n<\/div>\n

Types of Injunctions:<\/strong><\/span><\/p>\n

Types of Injunctions used only
\nfor Commanding Particular Action(s)
\nto be Done:<\/span><\/span><\/strong><\/p>\n

mandatory injunction<\/span><\/a> – an injunction that orders an affirmative act or mandates a specified course of conduct<\/strong>\u00a0\u2013 aka affirmative injunction<\/em><\/strong><\/span>.<\/span>
\n Cf. prohibitory injunction.<\/span><\/p>\n

reparative injunction<\/span> – an injunction requiring the defendant to restore the plaintiff to the position that the plaintiff occupied before the defendant committed a wrong.<\/strong><\/span><\/p>\n

Types of Injunctions
\nonly used to Prevent Actions:<\/span><\/span><\/strong><\/p>\n

antisuit injunction<\/span><\/a> – an injunction prohibiting a litigant from instituting other, related litigation, usually between the same parties on the same issues.<\/span><\/strong><\/p>\n

anti-antisuit injunction<\/span><\/span><\/a> – an injunction prohibiting a litigant\u00a0<\/strong>subject to the jurisdiction of a local court from seeking in a foreign court to\u00a0<\/strong>restrain the continuation of a proceeding in the local court.<\/strong><\/span><\/p>\n

headstart injunction<\/a><\/span> – 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\u2019s theft and the date when the secret became public.<\/strong><\/span><\/p>\n

hyperinjunction<\/a><\/span> – a gag order that bars discussing the subject matter or the existence of the injunction itself, except to lawyers of the recipient’s council.<\/strong><\/span><\/p>\n

preliminary injunction<\/span><\/a> – 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. <\/strong>\u2014 aka interlocutory injunction<\/em><\/strong><\/span>; temporary injunction<\/em><\/strong><\/span>; provisional injunction<\/em><\/strong><\/span>; injunction\u00a0<\/em>pendente lite<\/em><\/span>.<\/strong><\/span><\/p>\n