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An injunction is an equitable remedy [a] in the form of a special court order that compels a party to do or refrain from specific acts. [1] [2] It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party.
Writs could be issued against another court or an individual defendant, somewhat similar to the way an injunction works in courts today. [5] The writs of Prohibition were primarily used against the ecclesiastical courts. However, they were also used against the equity courts, admiralty courts, and local courts.
It’s now up to the appeals court on whether the district judge’s injunction will kick in starting Dec. 9 or the ruling is stayed pending the outcome of the appeal.
Injunction, a prohibitory writ restraing a person from doing a thing which appears to be against equity and good conscience. 3 Bac Abr 172. [ 14 ] Writ of inquiry , a judicial writ to the sheriff upon a judgment by default, commanding him to summon a jury to inquire what damages plaintiff has sustained.
It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a similar effect to specific performance and these kinds of distinctions are often difficult to apply in practice or even illusory. At common law, a claimant's rights were limited to an award of damages.
Injunction; Injunction is a court order that coerces the defendant to take specific acts or refrains him or her from engaging in certain actions, e.g., breaching a contract. [9] In the U.S., injunction is the most common type of equitable remedies, and failure to comply with an injunction can lead to results ranging from fines to imprisonment.
The Dow's losses amount to roughly 3%, or more than 1,500 points, in the past nine trading sessions. The index has fallen from a record close of 45,014 on Dec. 4 to 43,499 as of Tuesday's close.