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 ?
("In order to obtain a preliminary injunction, the petitioner must establish: (1) a reasonable likelihood of success on the merits; (2) irreparable injury and lack of an adequate remedy at law; (3) that the threatened harm to the petitioner outweighs the harm the injunction may cause the nonmoving party; and (4) that the granting of the injunction will not disserve the public interest") (citations omitted), with RESTATEMENT (SECOND) OF TORTS [section] 936(2) (listing the special factors relevant in determining the propriety of granting an interlocutory injunction against a tort).
Interlocutory Injunctions and Constitutional Determinations
In that case, the applicants applied for an interlocutory injunction to ensure that adequate gym, laboratory and classroom facilities would be available to francophone students in the coming school year.
In order to be granted an interlocutory injunction the plaintiff has to establish that there is a strongly arguable case, the balance of convenience favours the grant rather than its refusal and damages are not an adequate remedy.
Mr Justice Clarke said the Sunday World could be notified by phone of short service of the interlocutory injunction proceedings returnable to the court for today.
(36) The interlocutory injunction (37) was granted by the Court of Appeal on the basis of clear evidence indicating a combination between the defendants to display the airborne sign in order to inflict the maximum possible damage to the plaintiffs' business by way of revenge.
Asked to comment on these developments, Mississauga lawyer Geoff Cauchi remarked: "I understand the frustration of the defendants in being denied an opportunity to present at a full trial all the evidence and arguments in support of their position that they did not have the time to assemble at the hearing of the interlocutory injunction application.
However, by initiating an application for interlocutory injunction, NWAC presented to the Federal Court its political argumentation cloaked in legal pleadings and in the language, substance and procedure of the law.
"'The term, preliminary injunction, refers to an interlocutory injunction issued after notice and hearing which restrains a party pending trial on the merits.
In February 1995, Daishowa went to the Appeals Court of Ontario which granted an interlocutory injunction against the boycott in January 1996.
They filed an application at an Accra High Court seeking an interlocutory injunction to halt the privatisation of the Electricity Company of Ghana (ECG).
The union is praying for an interlocutory injunction to prevent Jetstar from hiring part-time pilots, saying it is misleading for the part-time pilots will actually be working full-time hours.