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 ?
"The temporary injunction will last until a full hearing is held on the center's challenge to the laws, and Parrish gave attorneys three months to prepare briefs," according to the AP's Sean Murphy.
Armstrong had reportedly re-filed a federal lawsuit against the USADA, hours after the agency issued life bans against three of his former cycling associates and wanted a federal judge to issue a temporary injunction against the anti-doping agency, which was pushing forward with charges against him for being part of a major doping conspiracy.
The fur has been flying thick as Apple and Samsung argue over patents and prior art before a court in the Hague, but Apple scored another victory as the court granted a temporary injunction barring the imports of Samsung's Galaxy S, SII, and Ace smartphones for violating an Apple photo management patent.
Federal Court Justice Annabelle Bennett on Thursday granted a temporary injunction against sales of Samsung's Galaxy Tab 10.1 in Australia.
Earlier this week a High Court judge granted a temporary injunction preventing a local authority clearing the Dale Farm site near Basildon in Essex.
Lawyers for the residents of Dale Farm in Essex had applied for a temporary injunction to stop Basildon Borough Council evicting the families from midnight.
A temporary injunction was granted to preserve the status quo until the plaintiff's rights to due process and the constitutionality of the ODM rules and statutes could be considered.
As a result of the temporary injunction, the National Institutes of Health stopped accepting submissions of information on human embryonic stem cell lines for NIH review and has also suspended all review of embryonic stem cell lines.
After more than a day of legal argument in private, Mr Justice Morgan said he would not grant the BBC a temporary injunction blocking publication of Mr Collins's autobiography.
The temporary injunction is intended to give the company time to obtain further injunctive relief from the US Federal Circuit Court of Appeals in Washington, DC.A The reprieve lasts until two weeks after a final judgment is entered in the matter.
A DISPUTE between bloodstock agent Hugo Merry and owners Charles Colthurst and Caroline Myers over the ownership of a valuable horse in training is set to be brought to a full court hearing in October after a temporary injunction obtained by Merry to prevent the couple from racing the horse was discharged.
A Denver district judge in June issued a temporary injunction against a campaign finance amendment passed by Colorado voters in November.

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