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Information about Injunction

An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order. In some cases, breaches of injunctions are considered serious criminal offences that merit arrest and possible prison sentences.

Basis of injunctions

At the core of injunctive relief is a recognition that monetary damages cannot solve all problems. An injunction may be permanent or it may be temporary. A preliminary injunction, or an interlocutory injunction, is a provisional remedy granted to restrain activity on a temporary basis until the court can make a final decision after trial. It is usually necessary to prove the high likelihood of success upon the merits of one's case and a likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to obtain a permanent injunction.

Temporary restraints

In the United States, a temporary restraining order (TRO) may be issued on a short-term basis. A temporary restraining order usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction.

A temporary restraining order may be granted ex parte, that is, without informing in advance the party to whom the temporary restraining order is directed. Usually, a party moves ex parte to prevent an adversary from having notice of one's intentions. The order is granted to prevent the adversary from acting to frustrate the purpose of the action, for example, by wasting or hiding assets (as often occurs in dissolution of marriage) or disclosing a trade secret that had been the subject of a non-disclosure agreement.

Apprehended Violence Order

In some parts of Australia, a court grants an apprehended violence order (AVO) to a person who fears violence or harassment from their harasser. A court can issue an apprehended violence order if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence, harassing conduct, molestation, intimidation, or stalking. If a defendant knowingly contravenes a prohibition or restriction specified in the order, he or she can be subject to a fine, imprisonment, or both.

Rationale behind injunctions

This injunctive power to restore the status quo ante; that is, to make whole again someone whose rights have been violated, is essential to the concept of fairness (equity). For example, money damages would be of scant benefit to a land owner who wished simply to prevent someone from repeatedly trespassing on his land.

Injunctions in U.S. labor law context

After the United States government successfully used an injunction to outlaw the Pullman boycott in 1894 in the case of In re Debs, employers found that they could obtain federal court injunctions to ban strikes and organizing activities of all kinds by unions. These injunctions were often extremely broad; one injunction issued by a federal court in the 1920s effectively barred the United Mine Workers of America from talking to workers who had signed yellow dog contracts with their employers.

Unable to limit what they called "government by injunction" in the courts, labor and its allies persuaded the U.S. Congress in 1932 to pass the Norris-LaGuardia Act, which imposed so many procedural and substantive limits on the federal courts' power to issue injunctions as to effectively prohibit all federal court injunctions in cases arising out of labor disputes. A number of states followed suit and enacted "Little Norris-LaGuardia Acts" that imposed similar limitations on state courts' powers. The courts have since recognized a limited exception to the Norris-LaGuardia Act's strict limitations in those cases in which a party seeks injunctive relief to enforce the grievance arbitration provisions of a collective bargaining agreement.

Common reasons for restraining orders

See also

References

In law, equitable remedies are the remedies developed and granted by the old courts of equity, such as the Court of Chancery in England, and still available today in common law jurisdictions.
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A court order (or court ruling) is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings.
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  • referring to a legal injunction.
  • a verbal category in Vedic Sanskrit, see Injunctive mood.

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Preliminary may refer to
  • Preliminary English Test
  • Preliminary examination
  • Preliminary finals
  • Preliminary hearing
  • Preliminary Multistate Bar Review
  • Preliminary Notice

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This article or section is in need of attention from an expert on the subject.
Please help recruit one or [ improve this article] yourself. See the talk page for details.
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trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute.
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Drop or similar may refer to:
  • Drop (unit), a unit of measure of volume
  • Drop (liquid) or droplet, a small volume of liquid
  • Drop (telecommunication) or dropout in telecommunications
  • Drop (breakdance move), a breakdance move

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Issue may have one of the following special meanings.
  • An issue is a single instance of a serial publication, such as a journal, magazine, or a newspaper
  • Issue (legal), a legal term
  • An old term for offspring
  • Issue (computers), a generalization of the term

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Ex parte is a Latin legal term meaning "from (by or for) one party" (IPA pronunciation: [ɛks 'pɑ(r)teɪ] or [ɛks 'pɑ(r)ti]
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asset is meant probable future economic benefits controlled by an entity as a result of past transactions or events and from which future economic benefits may be obtained.
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Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.

It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal
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trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information".
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A non-disclosure agreement (NDA), also called a confidential disclosure agreement (CDA), confidentiality agreement or secrecy agreement, is a legal contract between at least two parties that outlines confidential materials or knowledge the parties
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Anthem
Advance Australia Fair [1]


Capital Canberra

Largest city Sydney
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Violence is the use of physical force against persons that potentially causes fear, injury or death. Damage, in some contexts, is also considered a form of violence. The definition of violence is often widened to include threats of physical force and substantially abusive language
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Sexual abuse (also referred to as molestation) is defined as the forcing of undesired sexual acts by one person to another. The term incest is defined as sexual abuse between family members, and the euphemism "bad touch" is sometimes used to describe such abuse.
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Stalking (from Middle English stalk: from Old English bestealcian; akin to Old English stelan to steal) is a legal term for repeated harassment or other forms of invasion of a person's privacy in a manner that causes fear to its target.
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A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.
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Status quo ante, Latin for, "the way things were before," incorporating the term status quo, may refer to:
  • In law, the objective of a temporary restraining order or a rescission in which the situation is restored to "the state in which previously" it existed

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trespass can be:
  1. the criminal act of going into somebody else's land or property without permission of the owner or lessee;
  2. a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit - see trespass to land.

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United States of America

This article is part of the series:
Politics and government of
the United States


Federal government
Constitution
Taxation

President Vice President
Cabinet


Congress
Senate
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The Pullman Strike occurred when 4,000 Pullman Palace Car Company workers reacted to a 28% wage cut by going on a wildcat strike in Illinois on May 11, 1894, bringing traffic west of Chicago to a halt.
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18th century - 19th century - 20th century
1860s  1870s  1880s  - 1890s -  1900s  1910s  1920s
1891 1892 1893 - 1894 - 1895 1896 1897

:
Subjects:     Archaeology - Architecture -
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In re Debs
Supreme Court of the United States
Argued March 25 – 26, 1895
Decided May 27, 1895

Full case name: In re Eugene V. Debs, Petitioner

Citations: 158 U.S. 564 ; 15 S. Ct. 900; 39 L. Ed. 1092; 1895 U.S.
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United States of America

This article is part of the series:
Politics and government of
the United States


Federal government
Constitution
Taxation

President Vice President
Cabinet


Congress
Senate
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A trade union or labour union is an organization of workers. The trade union, through its leadership, bargains with the employer on behalf of union members ("rank and file" members) and negotiates labor contracts with employers.
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UMWA

United Mine Workers of America
Founded January 22, 1890
Country United States, Canada
Affiliation AFL-CIO, CLC
Key people Cecil Roberts, president
Office location Washington, D.C.
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A yellow-dog contract (or a yellow-dog clause[1]of a contract) is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union.
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Contract Law
Part of the common law series
Contract
Contract formation
Offer and acceptance  · Mailbox rule
Mirror image rule  · Invitation to treat
Firm offer  · Consideration
Defenses against formation
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United States Congress

Type Bicameral
Houses Senate
House of Representatives
President of the Senate
President pro tempore Dick Cheney, (R)
since January 20, 2001
Robert C.
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