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What is an interim injunction?

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Answered 2009-05-07 18:06:11

temporary injunction n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a "temporary restraining order" which is a short-term, stop-gap injunction issued pending a hearing, at which time a temporary injunction may be ordered to be in force until trial. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or change before the legal questions are determined. After the trial the court may issue a "permanent injunction" (making the temporary injunction a lasting rule) or "dissolve" (cancel) the temporary injunction. See also: injunction From for more info see Interim = temporary; injunction = an order to prevent someone from doing something

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What is Ad interim injunction order?

Interlocutory injunction - An injunction which lasts only until the end of the trial during which the injunction was sought.An "ad interim" injunction is the same thing. Blacks law dictionary refers "ad interim" to "interlocutory".Most often these are referred to as "temporary injunctions" or "temporary restraining orders"

What is the difference between interim relief and interim injunction?

Injunction is a restraining relief. Interim injunction is a variety or form of interim relief, which is a broader category. Normally when the plaintiff or petitioner establishes a prima facie case and the balance of convenience is in his favour and if he would be subject to much or irreparable harm unless some urgent relief is granted pending the main relief asked for in his suit/petition, then the interim relief is granted in his favour. The order awarding interim relief in no way decides the merits of the case. Nor can it be a res judicata; nor can it establish any ratio decidendi. It is but a discretionary and equitable relief by the Courts to maintain the status quo pending disposal of the cases or to reach some immediate relief and justice to the aggrieved party so that he can pull on further and pursue the case and his livelihood, etc. Interim relief can be of various forms - positive and negative, whereas injunction is generally or exclusively negative. It restrains the defendant or any third party from carrying out any specified action detrimental to the interest of the plaintiff/petitioner pending disposal of the case. As already stated, injunction is a subset within the broader set of interim relief. Normally interim relief granted should not be equal or equivalent to the final relief requested for - of course in very exceptional circumstances the Court can and may grant even such interim relief as equivalent to the final relief requested for.

Is an interim injunction a legal or equitable remedy?

Injunctions are equitable remedies, they are not remedies which the claimant has a right to and are therefore given at the discretion f the court.

How Can you Use the Word Injunction in a Sentence?

Court has issued Injunction . This Injunction forbids you to enter.

What are the advantages and disadvantages of an interim injunction?

Advantages and disadvantages depend on point of view. To a plaintiff who wants an injunction to make the defendant stop doing some harmful action, an advantage is the harmful action being complained of stops at least temporarily until a full trial can determine whether the injunction should become permanent. The disadvantage as he sees it is that it is not permanent and it may be vacated after a trial if he does not prove it should be permanent. From the defendant's point of view, the disadvantage is that he has to stop doing something he feels he has a right to do even though the plaintiff has not yet proved his case at trial. The advantage is that he still has a chance to prove that it should not become permanent and if he does so, the interim injunction will be vacated after trial and he can go back to doing what he was doing.

Who can issue an injunction?

Only a judge may issue an injunction.

What is a sentence for Injunction?

He filed for an injunction against police enforcement of the ordinance.

What do i have to do to get an injunction lifted against me in england?

To get an injunction lifted against you in England, you will need to satisfy the terms of the injunction. Usually this means paying the fees and fines.

What is an dismiss injunction?

An injunction is an order by the court. An injunction of dismissal is just that: An order dismissing all or part of the case before the court. Since the question is fairly ambiguous: Dismissing an Injunction means a previous court order has been cancelled.

What is Negative Injunction?

Negative injunction is one of equitable remedies. "The court grants negative injunction" means the court order you to stop doing something. For example: if A signed a contract with BBC to perform exclusively on BBC for three years. A breached the contract 1 year later and signed the contract with ABC. Then BBC could sue A repudiated the contract and seek for an injunction. If the court decree the injunction, the order will ask A to stop perform on ABC. This injunction will be considered as a negative injunction.

What i s Interim constitution?

No such thing as an interim constitution.

What are the release dates for By Injunction - 1918?

By Injunction - 1918 was released on: USA: March 1918

What are the ratings and certificates for By Injunction - 1918?

By Injunction - 1918 is rated/received certificates of: USA:Approved

What is a stalking injunction?

An INJUNCTION is a court order to cease doing a certain action or actions. In this case - cease the stalking activity referred to. I tmakes a difference if the injunction was issued by a CIVIL court or a CRIMINAL court. If you violate a CIVIL injunction you can only be found in contempt of court and fined. If you violate a CRIMINAL injunction you can be arrested and immediately taken to jail.

Can a judge grant an application for preliminary injunction once a trial has started?

More information is necessary. Injunction against what, or who, for what reason? If it does not directly affect the defendant themselves, it is probably proper.Added answer:The answer this question is a simple Yes. If any party even during the trial, applies for a preliminary injunction against another party and proves that the injunction should be granted, the court may issue a preliminary injunction. The trial will continue and depending on who wins the case, the preliminary injunction will either be vacated or will ripen into a permanent injunction.The whole purpose of a preliminary injunction is to temporarily maintain the status quo between the parties until termination of the case. If the circumstances warrant it, the court may issue a preliminary injunction at any time to do this.

Explain Interim distribution of estate funds?

interim distribution

What are the Merits and demerits of interim audit?

Awareness of interim Result

What is the difference between interim and ad-interim relief?

what is that...

How do you use the word interim in a sentence?

An interim means an interval. There was a brief interim in the meeting while everyone got organized.

How long does an injunction last for domestic violence last?

The temporary injunction stays in effect for a certain number of days, but won't last longer than 15 days. At the full hearing, the judge will decide whether to give you a final injunction. The final injunction will last longer than 15 days and may provide you with more protections than the temporary injunction did.

If you have an injunction in behalf of your minor daughter against her boyfriend and your duaghter turns 18 if the injunction still valid?

Injunctions can be either "temporary" or "permanent." Somewhere in the wording of the injunction (you should have received a copy) the terms of the injunction should be spelled out. If the injunction was awarded at your request to protect your minor child it is quite possible that now that she has legally become an adult it might no longer have any effect. If you cannot determine the information from reading the injunction papers, you will have to check with the issuing court to find out.

Who is the Interim President of Egypt?

Adly Mansour is the Interim President of Egypt.

What is the duration of Interim film?

The duration of Interim - film - is 1560.0 seconds.

What does granted the preliminary injunction mean?

"Granted" means that the judge agreed with and allowed whatever was contained in the Preliminary Injunction.

Who are the 4 celebs who got privacy injunction in court recently?

The injunction means nobody will know who they are, that's why they got them.