Injunction

Injunction in the United States

Contents:

A writ or order from a court prohibiting a party from acting in a particular way or requiring a specific action by a party. A writ of injunction allows a court to minimize injury to a person or a group until the matter can be otherwise resolved. Injunctions are sometimes called court orders, a term too broad to refer exclusively to injunctions. Restraining order more effectively conveys the function of an injunction. An injunction was issued in the Pentagon Papers cases to keep the New York Times and the Washington Post from publishing sensitive Defense Department documents. The Supreme Court ruled against use of this injunction in New York Times v. United States (403 U.S. 713: 1971), seeing it as an unconstitutional prior restraint on the press. Failure to comply with an injunction constitutes contempt of court.

Analysis and Relevance

An injunction is an example of a court exercising its equity jurisdiction as distinct from its legal jurisdiction. An injunction is primarily designed to prevent injury that has not yet occurred and is not used as a means to remedy past injury. An injunction may be temporary or permanent. Temporary injunctions, known as interlocutory injunctions or temporary restraining orders, are used to preserve a situation until the issue is resolved through normal processes of litigation. A permanent injunction may be issued upon completion of full legal proceedings. School segregation cases, such as Brown v. Board of Education I (347 U.S. 483: 1954), characteristically were cases in which injunctions were sought.

Once issued, an injunction may be annulled or quashed.

See Also

Equity Jurisdiction (U.S.).

Notes and References

  1. Definition of Injunction from the American Law Dictionary, 1991, California

Injunction Definition

A prohibitory writ, issued by the authority of, and generally under the seal of, a court of equity, to restrain one or more of the defendants or parties, or quasi parties, to a suit or proceeding in equity, from doing, or from permitting his servants or others who are under his control to do, an act which is deemed to be unjust or inequitable so far as regards the rights of some other party or parties to such suit or proceedings in equity. Eden, Inj. c. 1; Jeremy, Eq. Jur. bk. 3, c. 2,§ 1; Story, Eq. Jur. § 861; Willard, Eq. Jur. 341; 4 Bouv. Insb. 120; 2 Green, Ch. (N. J.) 136; 1 Madd. 126.
(1) Preliminary injunctions are used to restrain the party enjoined from doing or continuing to do the wrong complained of, either temporarily or during the continuance of the suit or proceeding in equity in which such injunction is granted, and before the rights of the parties have been definitely settled by the decision and decree of the court in such suit or proceeding.
(2) Final or perpetual injunctions are awarded, or directed to be issued, or the preliminary injunction already issued is made final or perpetual, by the final decree of the court, or when the rights of the parties so far as relates to the subject of the injunction are finally adjudicated and disposed of by the decision and the order or decree of the court, 2 Freem. Ch. 106; 4 Johns. Ch. (N. Y.) 69; 3 Yerg. (Tenn.) 366; 1 Bibb (Ky.) 184; 4 Bouv. Inst. 123. In England, injunctions were divided into common injunctions and special injunctions, Eden. Inj. (3d Am. Ed.) 178, note; Willard, Eq. Jur. 342; Saxt. (N. J.) 504. The common injunction was obtained of course when the defendant in the suit in equity was in default for not entering his appearancei or for not putting in his answer to the complainant’s bill within the time prescribed by the practice of the court. Eden, Inj. (3d Am. Ed.) 59-61, 68-72, 93, note; Story, Eq. Jur. § 892; 18 Ves. 523; Jeremy, Eq. Jur. bk. 3, c. 2, § 1, p. 339; Gilb. For. Rom. 194; Newby, Chanc. Prac. c. 4, § 7. Special injunctions were founded upon the oath of the complainant, or other evidence of the truth of the charges contained in his bill of complaint. They were obtained upon a special application to the court, or to the officer of the court who was authorized to allow the issuing of such injunctions, and usually upon notice of such application given to the party whose proceedings were sought to be enjoined. Story, Eq. Jur, § 892; 4 Eden, Inj. 78, 290; Jeremy, Eq. Jur. 339, 341, 342; 3 Mer. 475; 18 Ves. 522, 523. In the United States courts, and in the equity courts of most of the states of the Union, the English practice of granting the common injunction has been discontinued or superseded, either by statute or by the rules of the courts. And the preliminary injunctions are therefore all special injunctions in the courts of this country, where such English practice has been superseded.

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A prohibitory writ, issued by the authority of, and generally under the seal of, a court of equity, to restrain one or more of the defendants or parties, or quasi parties, to a suit or proceeding in equity, from doing, or from permitting his servants or others who are under his control to do, an act which is deemed to be unjust or inequitable so far as regards the rights of some other party or parties to such suit or proceedings in equity. Eden, Inj. c. 1; Jeremy, Eq. Jur. bk. 3, c. 2,§ 1; Story, Eq. Jur. § 861; Willard, Eq. Jur. 341; 4 Bouv. Insb. 120; 2 Green, Ch. (N. J.) 136; 1 Madd. 126.
(1) Preliminary injunctions are used to restrain the party enjoined from doing or continuing to do the wrong complained of, either temporarily or during the continuance of the suit or proceeding in equity in which such injunction is granted, and before the rights of the parties have been definitely settled by the decision and decree of the court in such suit or proceeding.
(2) Final or perpetual injunctions are awarded, or directed to be issued, or the preliminary injunction already issued is made final or perpetual, by the final decree of the court, or when the rights of the parties so far as relates to the subject of the injunction are finally adjudicated and disposed of by the decision and the order or decree of the court, 2 Freem. Ch. 106; 4 Johns. Ch. (N. Y.) 69; 3 Yerg. (Tenn.) 366; 1 Bibb (Ky.) 184; 4 Bouv. Inst. 123. In England, injunctions were divided into common injunctions and special injunctions, Eden. Inj. (3d Am. Ed.) 178, note; Willard, Eq. Jur. 342; Saxt. (N. J.) 504. The common injunction was obtained of course when the defendant in the suit in equity was in default for not entering his appearancei or for not putting in his answer to the complainant’s bill within the time prescribed by the practice of the court. Eden, Inj. (3d Am. Ed.) 59-61, 68-72, 93, note; Story, Eq. Jur. § 892; 18 Ves. 523; Jeremy, Eq. Jur. bk. 3, c. 2, § 1, p. 339; Gilb. For. Rom. 194; Newby, Chanc. Prac. c. 4, § 7. Special injunctions were founded upon the oath of the complainant, or other evidence of the truth of the charges contained in his bill of complaint. They were obtained upon a special application to the court, or to the officer of the court who was authorized to allow the issuing of such injunctions, and usually upon notice of such application given to the party whose proceedings were sought to be enjoined. Story, Eq. Jur, § 892; 4 Eden, Inj. 78, 290; Jeremy, Eq. Jur. 339, 341, 342; 3 Mer. 475; 18 Ves. 522, 523. In the United States courts, and in the equity courts of most of the states of the Union, the English practice of granting the common injunction has been discontinued or superseded, either by statute or by the rules of the courts. And the preliminary injunctions are therefore all special injunctions in the courts of this country, where such English practice has been superseded.

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Notice

This definition of Injunction Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

A writ restraining a person or corporation from doing or continuing to do something that threatens or causes injury, or requiring the defendant to do a particular act. The writ may be granted by the court to which the case is brought or by a judge of the court. Injunctions may be classified as prohibitory and mandatory. A prohibitory injunction restrains the commission or continuance of an act. Thus, a prohibitory injunction may restrain a board of elections from placing a certain candidate’s name on the ballot. A mandatory injunction commands acts to be done or undone. For example, a mandatory injunction may compel a property owner to open a road the owner had closed by constructing a fence across it, thus depriving another property owner of the use of the road. Injunctions may also be classified as (1) restraining orders, (2) temporary injunctions, and (3) permanent injunctions. A restraining order may be granted without notice to the opposite party, for the purpose of restraining the defendant until the court has heard an application for a temporary injunction.

A temporary injunction is granted on the basis of the application, before the court has heard the case on its merits. It restrains the defendant during the litigation of a case and may be either dissolved or made permanent when the rights of the parties are determined. Temporary injunctions are also called preliminary, interlocutory, or injunction pendent lite (see provisional remedies (in U.S. law).

(Revised by Ann De Vries)

What is Injunction?

For a meaning of it, read Injunction in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Injunction.

Injunction

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled INJUNCTIONIn use long before the Constitution, the injunction in the twentieth century came to play one of its most important roles as the enforcer of constitutional and civil rights. Precisely because it is effective, flexible, and open-ended, the injunction has drawn opposition, and
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Concept of Injunction

In the U.S., in the context of Judiciary power and branch, Injunction has the following meaning: A writ granted by a court requiring one to do or to refrain from doing a specified act. (Source of this definition of Injunction : University of Texas)

Injunction

Concept of Injunction in Labor Law

In this context, a definition of Injunction is offered here: A court order which either imposes restraints upon action, or directs that a specific action be taken and which is, in either case, backed by the courts power to hold disobedient parties in contempt.

Meaning of Injunction

In plain or simple terms, Injunction means: A court order forbidding or requiring a certain action.

Resources

See Also

  • Judiciary Power
  • Judiciary Branch

Concept of Injunction in Labor Law

In this context, a definition of Injunction is offered here: A court order which either imposes restraints upon action, or directs that a specific action be taken and which is, in either case, backed by the courts power to hold disobedient parties in contempt.

Meaning of Injunction

In plain or simple terms, Injunction means: A court order forbidding or requiring a certain action.

Resources

See Also

  • Legal Topics.
  • Equity.

    Further Reading (Articles)

    Injunctions effective tool in fighting gangs, San Bernardino County Sun (San Bernardino, CA); October 4, 2008; Stacia Glenn

    Injunction against Rancho Cucamonga-based gang has Northtown residents uncomfortable, Inland Valley Daily Bulletin (Ontario, CA); April 20, 2012; Canan Tasci

    Injunction Developments.(cases), Mondaq Business Briefing; July 20, 2007

    Injunctions eyed as tool; Officials continue to search for ways to combat gangs, San Bernardino County Sun (San Bernardino, CA); December 5, 2005; Mike Cruz

    Permanent Injunctions And Running Royalties In A Post eBay World. Mondaq Business Briefing; October 22, 2009

    Are Gang Injunctions Really Effective?, Sentinel; August 22, 2013; Aubry, Larry

    SAN FER INJUNCTION APPROVED ORDER: GANG MEMBERS CAN’T MEET IN PUBLIC, JUDGE SAYS.(News), Daily News (Los Angeles, CA); June 25, 2008

    Gang injunctions: Will they work?: Expert says method is not most effective means of tackling problem; may have driven gangs here. Daily Press (Victorville, CA); October 1, 2006

    Injunction Must Be Specific To Comply With Rule 65(D).(U.S. Court of Appeals for the Federal Circuit regulation), Mondaq Business Briefing; November 3, 2004

    The Civil Injunction Cheat Sheet, Mondaq Business Briefing; February 27, 2014; Maurer, Matt

    Injunction, Canadian Encyclopedia; January 1, 2012; J. BARNES

    Preliminary Injunctions: A Sharp Tool For Rights Owners. Mondaq Business Briefing; August 12, 2008; Hartwig, Henning Traub, Florian

    Gang Injunctions Often Problematic, Sentinel; May 12, 2011; Aubry, Larry

    the injunction factor, Mechanical Engineering-CIME; January 1, 2007; Woller, Jeff

    Gang Injunctions: An Important Tool Protecting Our Communities, Sentinel; September 16, 2010; Davis, Mike

    Officials: Gang Injunctions Effective in San Gabriel Valley, Pasadena Star-News; September 14, 2013; Day, Brian

    Anti-Injunction Campaigns and the Transformation of Labor Law in Detroit, 1915 to 1921, Michigan Historical Review; March 22, 2010; Hall, Jake

    Injunction Granted For Breach Of A Right Of Light AFTER Practical Completion. Mondaq Business Briefing; December 14, 2011

    The injunction factor: a power that patent holders once held over infringers isn’t as certain these days. Mechanical Engineering-CIME; January 1, 2007; Woller, Jeff

    Are Injunctions for Patent Infringement Automatic?, Mondaq Business Briefing; August 7, 2006

    Injunction meaning

    An injunction at common law is an equitable remedy which can bar, either temporarily or permanently, and either prospectively or retrospectively any conduct of a defendant which constitutes a nuisance. Breach of such injunction will give rise to liquidated damages.

    Gainsburg v. Dodge, 193 Ark. 473, 101 S.W.2d 178, 180.

    Injunction Definition in the context of the Federal Court System

    A court order prohibiting a defendant from performing a specific act, or compelling a defendant to perform a specific act.

    Injunction: Open and Free Legal Research of US Law

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