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injunction |
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injunction, in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity equity, principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved. ..... Click the link for more information. , is used especially where money damages damages, money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought. ..... Click the link for more information. would not satisfy a plaintiff's claim, or to protect personal or property rights from irreparable harm. It has been historically important especially in tort tort, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract . When such a duty is breached, the injured party has the right to institute suit for compensatory damages . ..... Click the link for more information. , domestic relations, labor, and civil-rights civil rights, rights that a nation's inhabitants enjoy by law. The term is broader than "political rights," which refer only to rights devolving from the franchise and are held usually only by a citizen, and unlike "natural rights," civil rights have a legal as well ..... Click the link for more information. law. Originally courts granted only prohibitory injunctions, on the grounds that the performance of affirmative orders could not be easily compelled or supervised. In the 19th cent., though, affirmative (mandatory) injunctions began to be used, and they are now granted in unusual circumstances. Injunctions issued while an action is pending are termed preliminary, or interlocutory; they are intended to protect the plaintiff's interest so that a final judgment will not be worthless, and they cannot, for the most part, be reviewed by higher courts. If irreparable injury would result even before notice of a hearing could be served, the court may grant a temporary restraining order, which is binding on the defendant until a hearing can be held. A final or perpetual injunction is part of the final judgment of the court, and may be issued after all the evidence has been heard. Injunctions, like most remedies of an equitable nature, are usually granted by a judge sitting without a jury. The broad discretion courts have enjoyed in using this power has, however, been limited by statute in many areas of the law. An injunction is essentially a personal order, and a defendant who disobeys may be punished for contempt contempt of court can be classified as civil or criminal, direct or constructive. Civil and criminal contempts are distinguished by the function of the punishment—if it is to vindicate judicial authority, the contempt is criminal; if it is to enforce the rights and remedies Injunctions are today granted in many circumstances where courts of equity formerly refused to act. Thus, courts have ordered the performance of the terms of a contract contract, in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. In a general sense, all civil obligations fall under tort or contract law. In the late 19th cent. employers were often granted injunctions against strikes or boycotts when they alleged that the purpose of labor's activity (e.g., unreasonably limiting the employer's freedom by requiring him to hire only union members) was illegal. The power of federal courts to enjoin union activity was restricted by the Federal Anti-Injunction (Norris-LaGuardia) Act of 1932, and many states passed similar laws. Later legislation, however, including the 1947 Taft-Hartley Labor Act Taft-Hartley Labor Act, 1947, passed by the U.S. Congress, officially known as the Labor-Management Relations Act. Sponsored by Senator Robert Alphonso Taft and Representative Fred Allan Hartley, the act qualified or amended much of the National Labor Relations injunctionIn civil proceedings, a court order compelling a party to do or to refrain from doing a specified act. It is an equitable remedy for harm for which no adequate remedy exists in law. Thus it is used to prevent a future harmful action (e.g., disclosing confidential information, instituting a national labour strike, or violating a group's civil rights) rather than to compensate for an injury that has already occurred. It also provides relief from harm for which an award of money damages is not a satisfactory solution. A defendant who violates an injunction may be cited for contempt. See also equity. |
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| Incarcerated felons brought an action seeking injunctive relief, asking the court to find a state statute requiring DNA sampling of all convicted felons unconstitutional. Kubota seeks injunctive relief and monetary damages against Kioti. If a company is sued, its general liability contract pays only for actual damages, not for the defense of claims seeking injunctive relief to stop its use of the materials in question. |
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