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An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing specific acts.
Some Related Sentences
injunction and is
There is only a judgment that grants money damages or some other kind of equitable remedy such as restitution or a permanent injunction.
< cite id = disputedinjunction > The Vatican archives contain an unsigned copy of a more strongly worded formal injunction purporting to have been served on Galileo shortly after Bellarmine's admonition, ordering him " not to hold, teach, or defend " the condemned doctrine " in any way whatever, either orally or in writing ", and threatening him with imprisonment if he refused to obey .</ cite > However, whether this injunction was ever properly served on Galileo is a subject of much scholarly disagreement.
This " interpretation " is what Tramiel used to counter-sue, and sought damages and an injunction to bar Amiga ( and effectively Commodore ) from producing any resembling technology.
It is also possible for individuals held by the state to petition for judicial review, and individuals held by non-state entities to apply for an injunction.
Based on the Biblical injunction against cooking a kid in its mother's milk, this rule is mostly derived from the Oral Torah, the Talmud and Rabbinic law.
' Let us obey the Biblical injunction: you of course, have the choice of natural means ; but as for me, I am afraid that there is no course open to me but the scientific way.
A politician must not be a man of the " true Christian ethic ", understood by Weber as being the ethic of the Sermon on the Mount, that is to say, the injunction to turn the other cheek.
In general, Moses is described in ways which parallel the prophet Muhammad, and " his character exhibits some of the main themes of Islamic theology ," including the " moral injunction that we are to submit ourselves to God.
* Final Judgment in U. S. v. Microsoft ( injunction including final settlement terms approved by the court ) ( note that the copy posted on the district court's web site is actually an earlier version that the court declined to approve ).
In Pandora by Bishop Jean Oliver, Pandora is said to " open the box in defiance of a divine injunction ".
It is possible that the obligation to fast during Ramadan comes from early injunction to fast on Ashura, the 10th day of the month of Muharram, which may have once been identical with the Jewish observance of the Day of Atonement.
An injunction and / or performance bond ensures that there is something to seize in the event of a guilty verdict.
Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction.
Damasus had instructed Jerome to be conservative in his revision of the Old Latin Gospels, and it is possible to see Jerome's obedience to this injunction in the preservation in the Vulgate of variant Latin vocabulary for the same Greek terms.
During Passover, unleavened bread, in the form of various types of matzo, is required due to the Biblical injunction to avoid any form of leaven during this time of year.
A TRO 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.
The term ' John Doe Injunction ' ( or John Doe Order ) is used in the UK to describe an injunction sought against someone whose identity is not known at the time it is issued :" 8. 02 If an unknown person has possession of the confidential personal information and is threatening to disclose it, a ' John Doe ' injunction may be sought against that person.
injunction and equitable
Litigants would go ‘ jurisdiction shopping ’ and often would seek an equitable injunction prohibiting the enforcement of a common law court order.
The penalty for disobeying an equitable ‘ common injunction ’ and enforcing a common law judgment was imprisonment.
However, in general, a litigant cannot obtain equitable relief unless there is " no adequate remedy at law "; that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for the injury in question.
Copyright misuse is comparable to, and draws from precedents under, the older doctrine of patent misuse, which dates back to the early years of the 20th century and derives from the more general equity doctrine of " unclean hands ", which bars a party from obtaining equitable relief ( such as an injunction ) against another when the party has acted improperly ( though not necessarily illegally ).
The injunction is a type of equitable remedy, as is specific performance, in which someone who enters into a contract is forced to perform whatever promise has been reneged upon.
injunction and remedy
In equity, this form of remedy is usually one of specific performance or an injunction ( injunctive relief ).
An injunction could be awarded to enforce a contractual disciplinary procedure, but because compensation is usually an adequate remedy for premature termination an injunction is generally not available to keep a job going, even in a redundancy situation where the selection process has been circumvented.
Equity courts developed such a remedy, the injunction, that provided an ongoing bar to the activity that caused the damage.
However, with the development of the courts of equity, the remedy of an injunction became available to prevent a defendant from repeating the activity that caused the nuisance, and specifying punishment for contempt if the defendant is in breach of such an injunction.
But this has long ceased to be law, as regards both the remedy by damages, and the remedy by injunction.
The Court also rejected the contention raised by Young that an injunction was inappropriate because the railroads could get an adequate remedy by testing the statute in the courts.
The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights.
( Money damages were traditionally considered to be less onerous of a remedy than injunction, except in Constitutional Jurisprudence ; in Edelman v. Jordan, Justice Rehnquist declared exactly the opposite, an assertion of dubious legal pedigree.
But because the April 1926 Mercury had already been mailed, an injunction was no longer an appropriate remedy.
A plaintiff must demonstrate: ( 1 ) that it has suffered an irreparable injury ; ( 2 ) that remedies are not available at law ; ( 3 ) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted ; and ( 4 ) that the public interest would not be disserviced by a permanent injunction.
The Court ruled that an injunction was the appropriate remedy because of " institutionalized caution " and the separation of powers.
The judgment finding that petitioner corporation's operation of a dam would eradicate an endangered species, and that an injunction was the appropriate remedy, was affirmed because endangered species were afforded the highest priorities, and continuing appropriations did not constitute an implied repeal of the statute as it applied to the project.
injunction and form
The first time this form of injunction was used since 1852 in the United Kingdom was in 2005 when lawyers acting for JK Rowling and her publishers obtained an interim order against an unidentified person who had offered to sell chapters of a stolen copy of an unpublished Harry Potter novel to the media ".
For some participants, ' Liberation, at least in its sexual form, was a new kind of imposed morality, quite as restricting ' as what had gone before-one that ' took very little account of the complexity of human emotional connections ' and was driven by ' the superego injunction to enjoy that permeates our discourse '.
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts.
However, in 1985 the Ahousaht and Tia-o-qui-aht First Nations acquired their own injunction to halt logging on the island, at least until the Nuu-chah-nulth's concerns had been addressed in the form of a treaty.
The court injunction was based on the Sherman Anti-Trust Act which prohibited " Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States ".
Finally, he took the occasion to criticize the attorney general's misuse of court injunctions under the Sherman Act, writing: “ This decision marks a turning point in our history for it establishes a new form of government never before heard of among men ; that is government by injunction.
It can also be used as an emergency measure to prevent possibly irreparable harm, in which case it takes the form of a temporary injunction.
"... the primary form of mathematical communication is not description but injunction ... Music is a similar art form, the composer does not even attempt to describe the set of sounds he has in mind, much less the set of feelings occasioned through them, but writes down a set of commands which, if they are obeyed by the performer, can result in a reproduction, to the listener, of the composer's original experience.
It can also take the form of a legal injunction or government order prohibiting the publication of a specific document or subject.
Some took the form of an injunction to employ only whites in specified occupations, such as blasting, running elevators, driving engines, supervising boilers and other machinery ; or as shift boss and mine overseer.
In this case, the Supreme Court would have to examine whether a federal court can require a state to restore money wrongfully withheld from citizens by the state, if the order to restore the funds is in the form of an injunction requiring the state to stop its wrongful possession of those funds.
They requested relief in the form a declaration of subsistence of copyright in these works and a permanent injunction barring the Great Library from reproducing these works or any other works published by the plaintiffs.
Equitable remedies may include injunctive relief in the form of a negative injunction that would be used to prevent the wrongdoer from benefiting from any contractual relationship that may arise out of the interference, i. e., the performance of a singer who was originally contracted with the plaintiff to perform at the same time.
In a third, less common form, citizens may sue for an injunction to abate a potential imminent and substantial endangerment involving generation, disposal or handling of waste, regardless of whether or not the defendant's conduct violates a statutory prohibition.