Akademik

in·junc·tion /in-'jəŋk-shən/ n [Middle French injonction, from Late Latin injunction- injunctio, from Latin injungere to enjoin, from in- in + jungere to join]: an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act compare cease-and-desist order at order 3b, damage; declaratory judgment at judgment 1a, mandamus; specific performance at performance, stay

◇ An injunction is available as a remedy for harm for which there is no adequate remedy at law. Thus it is used to prevent a future harmful action rather than to compensate for an injury that has already occurred, or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. A defendant who violates an injunction is subject to penalty for contempt.

affirmative injunction: an injunction requiring a positive act on the part of the defendant: mandatory injunction in this entry

final injunction: permanent injunction in this entry

interlocutory injunction: an injunction that orders the maintenance of the status quo between the parties prior to a final determination of the matter; specif: preliminary injunction in this entry

mandatory injunction: an injunction that compels the defendant to do some positive act rather than simply to maintain the situation as it was when the action was brought compare prohibitory injunction in this entry

per·ma·nent injunction: an injunction imposed after a hearing and remaining in force at least until the defendant has complied with its provisions – called also final injunction, perpetual injunction;

preliminary injunction: an interlocutory injunction issued before a trial for purposes of preventing the defendant from acting in a way that will irreparably harm the plaintiff's ability to enforce his or her rights at the trial – called also temporary injunction; compare temporary restraining order at order

◇ Before a preliminary injunction can be issued, there must be a hearing with prior notice to the defendant. Under Federal Rule of Civil Procedure 65, the hearing and the trial may be consolidated.

prohibitory injunction: an injunction that prohibits the defendant from taking a particular action and maintains the positions of the parties until there is a hearing to determine the matter in dispute

tem·po·rary injunction: preliminary injunction in this entry