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a judicial remedy awarded to restrain a particular activity;
first used by courts of equity to prevent conduct contrary to equity and good conscience.
The injunction is a preventive measure to guard against future injuries, rather than one that affords a remedy for past injuries.
FINAL INJUNCTIONS: see PERMANENT [FINAL] INJUNCTIONS (below).
INTERLOCUTORY INJUNCTIONS: see TEMPORARY [INTERLOCUTORY] INJUNCTIONS (below).
MANDATORY INJUNCTION: one requiring positive action, rather than one forbidding a party to act.
EXAMPLE: a landlord refuses to supply his tenants with heat during the winter months. Regardless of the reasons for the landlord's action, a court might issue a mandatory injunction forcing the landlord to supply heat.'
PERMANENT INJUNCTION: one issued upon completion of a trial in which the injunction has been actively sought.
TEMPORARY [INTERLOCUTORY] INJUNCTION: one that will expire at a particular time, and that is typically used to maintain the status quo or preserve the subject matter of the
litigation during trial.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016
"There are at least three different types of injunctions a federal court may issue."... "The first is a 'traditional' injunction, which may be issued as either an interim or permanent remedy for certain breaches of common law, statutory, or constitutional rights." Id. "The second type of injunction a court may issue is a 'statutory injunction.'" ... "A statutory injunction is available when a statute bans certain conduct or establishes certain rights, then specifies that a court may grant an injunction to enforce the statute." ... "The final type of injunction is an injunction under 28 U.S.C. §1651(a), the All Writs Act." ... Under the All Writs Act, courts "may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.""
- Jackson v. Schron, 8:16- CV-22-T-17 (USFLMD 9/8/16)
"To establish that an injunction is needed, a plaintiff must show that:(1) there was a legal violation; (2) there is a serious risk of continuing irreparable injury if an injunction is not granted; and (3) there are no adequate remedies at law. Bolin v. Story, 225 F.3d 1234, 1242 (11th Cir. 2000). We have explained that a plaintiff has adequate remedies at law if he is able to file an appeal or seek an extraordinary writ."
- Gottschalk v. Gottschalk, 10-11979 (USCA11 6/16/11)