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 equityequity,
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.
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, is used especially where money damagesdamages,
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.
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 would not satisfy a plaintiff's claim, or to protect personal or property rights from irreparable harm. It has been historically important especially in torttort,
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.
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, domestic relations, labor, and civil-rightscivil 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 as a
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 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 contemptcontempt,
in law, interference with the functioning of a legislature or court. In its narrow and more usual sense, contempt refers to the despising of the authority, justice, or dignity of a court.
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. An injunction in force may be terminated or modified by the court.

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 contractcontract,
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.
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, or the payment of legal damages by a defendant, sparing the plaintiff the need to seek execution of a judgmentjudgment,
decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decree (order) of courts of equity. The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity; thus, except
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. Injunctions have long been used to abate nuisancesnuisance,
in law, an act that, without legal justification, interferes with safety, comfort, or the use of property. A private nuisance (e.g., erecting a wall that shuts off a neighbor's light) is one that affects one or a few persons, while a public nuisance (e.g.
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. The use of the injunction in labor disputes has been a matter of great controversy in U.S. history.

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 ActTaft-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 (Wagner) Act of
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 and the 1959 Labor Management Reporting and Disclosure Act, restored much of the power to use labor injunctions.

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injunction

Law an instruction or order issued by a court to a party to an action, esp to refrain from some act, such as causing a nuisance
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
References in periodicals archive ?
"Any person who neglects to abide by or neglects to follow the interim injunction order, or any person who assists others in disobeying the interim injunction order may be held in contempt of court."
Mr Yeung appealed to the public to respect the injunction order and not to violate any laws.
The AA emphasises that the interim injunction obtained by the AA also restrains persons from inciting and/or aiding and/or abetting any person to perform acts restrained by the interim injunction.
The council secured the injunction in December 2016 which banned Spencer and other individuals from entering Loughborough town centre and from engaging or threatening to engage in conduct which could cause harassment, alarm or distress in the town centre.
It took its case to the High Court in London and Timothy Strake QC, deputy judge, agreed the injunction forbidding named individuals and persons unknown from occupying land within its boundaries.
President Duterte has appealed to local courts to refrain from hastily issuing injunctions, especially in criminal cases, saying it compels the government to do or cease an action which he believes is "very wrong."
According to the court, the ruling is pending the hearing and determination of the motion on notice for interlocutory injunction.
President Rodrigo Duterte has appealed to courts to stop issuing injunctions for criminal cases.
The Town Hall secured the landmark injunction back in March and it covers a total of 141 sites across the borough including land previously hit by encampments and land at risk in the future.
not have standing to pursue a nationwide injunction in connection
The injunction has banned the 17-year-old from gathering in the West End with more than one person while he is also banned from possessing any item that could be used as a missile.
A preliminary injunction is an extraordinary remedy.