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INJUNCTION (from Lat. injungere, to f...
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See also:INJUNCTION (from See also:Lat. injungere, to fasten, or attach to, to See also:lay a See also:burden or See also:charge on, to enjoin) , a See also:term- meaning generally a command, and in See also:English See also:law the name for a judicial See also:process whereby a party is required to refrain from doing a particular thing according to the exigency of the See also:writ. Formerly it was a remedy See also:peculiar to the See also:court of See also:chancery, and was oneof the See also:instruments by which the See also:jurisdiction of that court was established in cases over which the courts of See also:common law were entitled to exercise See also:control. The court of chancery did not presume to interfere with the See also:action of the courts, but, by directing an injunction to the See also:person whom it wished to restrain from following a particular remedy at common law, it effected the same purpose indirectly. Under the See also:present constitution of the judicature, the injunction is now equally available in all the divisions of the high court of See also:justice, and it can no longer be used to prevent an action in any of them from proceeding in the See also:ordinary course. Although an injunction is properly a restraining See also:order, there are instances in which, under the See also:form of a See also:prohibition, a See also:positive order to do something is virtually expressed. Thus in a See also:case of See also:nuisance an injunction was obtained to restrain the See also:defendant from preventing See also:water from flowing in such See also:regular quantities as it had ordinarily done before the See also:day on which the nuisance commenced. But generally, if the See also:relief prayed for is to compel something to be done, it cannot be obtained by injunction, although it may be expressed in the form of a prohibition—as in the case in which it was sought to prevent a person from discontinuing to keep a See also:house as an See also:inn. The injunction was used to stay proceedings in other courts " wherever a party by See also:fraud, See also:accident, See also:mistake or otherwise had obtained an See also:advantage in proceeding in a court of ordinary jurisdiction, which must necessarily make that court an See also:instrument of injustice." As the injunction operates personally on the defendant, it may be used to prevent applications to See also:foreign judicatures; but it is not used to prevent applications to See also:parliament, or to the legislature of any foreign See also:country, unless such applications be in See also:breach of some agreement, and relate to matters of private See also:interest. In so far as an injunction is used to prohibit acts, it may be founded either on an alleged See also:contract or on a right See also:independent of contract. The jurisdiction of the court to prevent breaches of contract has been described as supplemental to its See also:power of compelling specific performance; i.e. if the court has power to compel a person to perform a contract, it will interfere to prevent him from doing anything in violation of it. But even when it is not within the power of the court to compel specific performance, it may interfere by injunction; thus, e.g. in the case of an agreement of a See also:singer to perform at the See also:plaintiff's See also:theatre and at no other, the court, although it could not compel her to sing, could by injunction prevent her from singing elsewhere in breach of her agreement. An injunction may as a See also:general See also:rule be obtained to prevent acts which are violations of legal rights, except when the same may be adequately remedied by an action for See also:damages at law. Thus the court will interfere by injunction to prevent See also:waste, or the destruction by a limited owner, such as a See also:tenant for See also:life, of things forming See also:part of the See also:inheritance. Injunctions may also be obtained to prevent the continuance of nuisances, public or private, the infringement of See also:patents, copyrights and See also:trade marks. Trespass might also in certain cases be prevented by injunction. Under the Common Law See also:Procedure See also:Act of 1854, and by other statutes in See also:special cases, a limited power of injunction was conferred on the courts of common law. But the Judicature Act, by which all the See also:superior courts of common law and chancery were consolidated, enacts that an injunction may be granted by an interlocutory order of the court in all cases in which it shall appear to be just or convenient; . . . and, if an injunction is asked either before or at or after the hear; See also:ing of any cause or See also:matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted whether the person against whom it is sought is or is not in See also:possession under any claim of See also:title or otherwise, or if not in possession does or does not claim to do the act sought to be restrained under See also:colour of any title, and whether the estates claimed are legal or equitable. An injunction obtained on interlocutory application during the progress of an action is superseded by the trial. It may be continued either provisionally or permanently. In the latter case the injunction is said to be perpetual. The distinction between " special " and " common " injunctions—the latter being obtained as of course—is now abolished in English law. In the courts of the See also:United States the writ of injunction remains purely an equitable remedy. It may be issued at the instance of the See also:president to prevent any organized obstruction to inter-See also:state See also:commerce or to the passage of the mails (in re Debs, 158 United States Reports, 564). Temporary restraining orders may be issued, ex parte, pending an application for a temporary injunction. In the state courts temporary injunctions are often issued, ex parte, subject to the defendant's right to move immediately for their See also:dissolution. Generally, however, See also:notice of an application for a temporary injunction is required. For the analogous practice in Scots law see See also:INTERDICT. 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