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An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction."
A prohibitory injunction prevents an individual or group from beginning or continuing an action which threatens or breaches the legal rights of another. [1] Most common types of cause of action include: To protect confidential information obtained in a commercial relationship. To restrain a breach of contract or enforce a restrictive covenant.
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction.
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.
Her order is a preliminary injunction, meaning it will remain in place while she considers a legal challenge by a lawyer and advocate and two organizations suing to challenge the law.
The NCAA recently changed its transfer policies to permit athletes to move freely without penalty, aligning its own rules with a court injunction that did the same in December. That, again, is a ...
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.