Difference between revisions of "Injunction"
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==Origin== | ==Origin== | ||
[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] injunccion, from Anglo-French & Late Latin; Anglo-French enjunxion, from Late Latin injunction-, injunctio, from [[Latin]] injungere to enjoin | [https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] injunccion, from Anglo-French & Late Latin; Anglo-French enjunxion, from Late Latin injunction-, injunctio, from [[Latin]] injungere to enjoin | ||
| − | *[ | + | *[https://en.wikipedia.org/wiki/15th_century 15th Century] |
==Definitions== | ==Definitions== | ||
*1: the [[act]] or an instance of enjoining : order, admonition | *1: the [[act]] or an instance of enjoining : order, admonition | ||
*2: a writ granted by a [[court]] of equity whereby one is required to do or to [[Prohibition|refrain]] from doing a specified [[act]] | *2: a writ granted by a [[court]] of equity whereby one is required to do or to [[Prohibition|refrain]] from doing a specified [[act]] | ||
==Description== | ==Description== | ||
| − | An '''injunction''' is an equitable remedy in the form of a [ | + | An '''injunction''' is an equitable remedy in the form of a [https://en.wikipedia.org/wiki/Court_order court order] that requires a party to do, or to refrain from [[doing]], certain acts. A party that fails to comply with an injunction faces [[criminal]] or civil [[penalties]] and may have to pay damages or [[accept]] [[sanctions]]. In some cases, breaches of injunctions are considered serious criminal [[offense]]s that merit arrest and possible [[prison]] sentences. |
| − | This injunctive power to restore the [ | + | This injunctive power to restore the [https://en.wikipedia.org/wiki/Status_quo_ante 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 [[wish]]ed simply to prevent someone from [[repeatedly]] trespassing on his [[land]].[https://en.wikipedia.org/wiki/Injunction] |
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 00:37, 13 December 2020
Origin
Middle English injunccion, from Anglo-French & Late Latin; Anglo-French enjunxion, from Late Latin injunction-, injunctio, from Latin injungere to enjoin
Definitions
- 1: the act or an instance of enjoining : order, admonition
- 2: a writ granted by a court of equity whereby one is required to do or to refrain from doing a specified act
Description
An injunction is an equitable remedy in the form of a court order that requires a party to do, or to refrain from doing, certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences.
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.[1]
