INJUNCTION

injunction (in-j<<schwa>>ngk-sh<<schwa>>n), n. A court order commanding or preventing an action. • To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted. —

Also termed writ of injunction. See IRREPARABLE-INJURY RULE. [Cases: Injunction 1.

C.J.S. Injunctions §§ 2–4, 12, 14, 22, 24, 166.]

“In a general sense, every order of a court which commands or forbids is an injunction; but in its accepted legal sense, an injunction is a judicial process or mandate operating in personam by which, upon certain established principles of equity, a party is required to do or refrain from doing a particular thing. An injunction has also been defined as a writ framed according to the

circumstances of the case, commanding an act which the court regards as essential to justice, or restraining an act which it esteems contrary to equity and good conscience; as a remedial writ which courts issue for the purpose of enforcing their equity jurisdiction; and as a writ issuing by the order and under the seal of a court of equity.” 1 Howard C. Joyce, A Treatise on the Law Relating to Injunctions§ 1, at 2–3 (1909).

affirmative injunction.See mandatory injunction.

ex parte injunction.A preliminary injunction issued after the court has heard from only the

moving party. — Also termed temporary restraining order.

final injunction.See permanent injunction.

head-start injunction.Trade secrets. An injunction prohibiting the defendant from using a trade secret for a period equal to the time between the date of the secret’s theft and the date when the secret became public. • So named since that period is the “head start” that the defendant unfairly gained over the rest of the industry. [Cases: Injunction 189. C.J.S. Injunctions §§ 6,

235–236.] injunction pendente lite.See preliminary injunction. interlocutory injunction.See preliminary injunction.

mandatory injunction.An injunction that orders an affirmative act or mandates a specified course of conduct. — Also termed affirmative injunction. Cf. prohibitory injunction. [Cases:

Injunction 5, 133. C.J.S. Injunctions §§ 3, 8–9, 81.]

permanent injunction.An injunction granted after a final hearing on the merits. • Despite its name, a permanent injunction does not necessarily last forever. — Also termed perpetual injunction; final injunction. [Cases: Injunction 1. C.J.S. Injunctions §§ 2–4, 12, 14, 22, 24, 166.] perpetual injunction.See permanent injunction.

preliminary injunction.A temporary injunction issued before or during trial to prevent an irreparable injury from occurring before the court has a chance to decide the case. • A preliminary injunction will be issued only after the defendant receives notice and an opportunity to be heard. — Also termed interlocutory injunction; temporary injunction; provisional injunction; injunction pendente lite. Cf. ex parte injunction; TEMPORARY RESTRAINING ORDER. [Cases:

Injunction 132. C.J.S. Injunctions §§ 4–5, 17, 166.]

preventive injunction.An injunction designed to prevent a loss or injury in the future. Cf. reparative injunction.

prohibitory injunction.An injunction that forbids or restrains an act. • This is the most

common type of injunction. Cf. mandatory injunction.

provisional injunction.See preliminary injunction.

quia-timet injunction (kwI-<<schwa>> tI-m<<schwa>>t orkwee-<<schwa>> tim-et). [Latin “because he fears”] An injunction granted to prevent an action that has been threatened but has not

yet violated the plaintiff’s rights. See QUIA TIMET.

reparative injunction (ri-par-<<schwa>>-tiv). An injunction requiring the defendant to restore the plaintiff to the position that the plaintiff occupied before the defendant committed a wrong. Cf. preventive injunction.

special injunction.Hist. An injunction in which the prohibition of an act is the only relief

ultimately sought, as in prevention of waste or nuisance.

temporary injunction.See preliminary injunction.

[Blacks Law 8th]