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.

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
References in periodicals archive ?
Here, the compensatory damages sought are incidental to the injunctive and declaratory relief, and individualized determinations are unnecessary.
This Order addresses Plaintiff's Motion For Finding Of Contempt Of Court And For Further Injunctive Relief (Docket No.
The lawsuit sought an evaluation of both damages and injunctive relief against the Biofrontera defendants, according to the company.
The court next weighs the harm to Sasnett if he were prevented from providing competing services to or soliciting TechINT's clientsagain, as both terms are elaborated upon aboveagainst the likelihood of immeasurable, irreparable harm to TechINT absent preliminary injunctive relief.
After the conduct of the congresses, the Court of Appeal, in a ruling on an application by APC seeking stay of execution of the High Court injunctive order and stay of proceedings of the main suit, vacated the injunctive order and refused to stay hearing of the substantive matter, prompting Umar to take his matter to the Supreme Court.
In the action, Wintergreen alleges claims for declaratory judgment and injunctive relief, and also moved for a speedy hearing and to shorten the time for defendants to respond to discovery requests.
'There is no basis to grant the petitioner Globe's omnibus motion absent the requisites necessary for the issuance of an injunctive writ,' the appeals court 6th Division said in a four-page resolution, in allowing the PCC to review the sale of SMC telco assets to Globe and Smart.
A claimant may seek injunctive relief either pre-arbitration in connection with an action to enforce an arbitration agreement, or post-arbitration in connection with a proceeding to confirm an arbitration award.
and scholars as such: the prospective injunctive remedy--that is, the
District Court for the Northern District of Texas, seeking back pay, compensatory and punitive damages, plus injunctive relief.
The CA said "...the arguments raised by petitioners in support of their motion for reconsideration are a mere rehash of the arguments in their allegations in support of their prayer for injunctive relief incorporated in the instant petition for review, which had already been thoroughly considered by this Court."
This study assessed perceptions about teammate and coach approval of alcohol and other drug use (i.e., injunctive norms) among a sample of 3,155 college student-athletes in their first year of athletic eligibility.