Also known as:enjoins · enjoined · enjoining · enjoinable · injunction
Written by attorneys · grounded in primary & secondary sources — see below
To direct or order a party by judicial decree to refrain from specified actions or to take affirmative steps to prevent ongoing or threatened harm. Violation is enforceable through contempt proceedings. It supplies an equitable remedy when legal damages would be inadequate.
Sources & Authorities
How it applies
Common Examples
6
Federal Abstention From State Prosecution
State prosecutors charge Eugene Ellsworth with a crime under a state statute. Eugene files a federal suit asking the district court to bar the state from proceeding. The federal court declines the request because the state prosecution is ongoing and no bad-faith harassment appears.
Notice Requirement For Preliminary Relief
Evergreen Bank moves for a preliminary injunction against Edgar Evers to stop an alleged breach. The court refuses to act because Edgar received no notice of the motion before the hearing date.
Adequacy Of Injunction Versus Damages
Emily Ellis sues Edgewater Capital for repeated trespass across her land. The court weighs whether damages would adequately compensate Emily before deciding whether to bar further entries by the firm.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Mortgagee Remedy For Waste
Everlasting Insurance holds a mortgage on property owned by Edith Eberhardt. After Edith allows the building to deteriorate, the lender seeks an order barring further neglect that threatens the collateral value.
Trustee Breach Prevention
Ewan Eckhart serves as trustee of a family trust. Beneficiaries learn he plans an improper investment and petition the court to bar him from completing the transaction.
Shareholder Challenge To Corporate Act
Eva Espinosa owns shares in Emerald Enterprises. She sues to stop the corporation from completing an act that exceeds its charter powers.
Common questions
Frequently Asked
6
When may a federal court enjoin an ongoing state criminal prosecution?+
Federal courts generally abstain from enjoining ongoing state criminal proceedings absent extraordinary circumstances such as bad-faith prosecution or a flagrantly unconstitutional statute.
Supporting sources
What procedural step is required before a court may issue a preliminary injunction?+
The court may issue a preliminary injunction only after notice to the adverse party.
Supporting sources
What factor does a court consider when deciding whether to enjoin a tort?+
The court compares the adequacy of an injunction to other remedies available to the plaintiff.
Supporting sources
Under what condition may a mortgagee obtain an injunction for waste?+
An injunction is available only to the extent the waste has impaired or threatens to impair the mortgagee's security.
Supporting sources
What remedy may a court grant to prevent a trustee from breaching trust duties?+
The court may enjoin the trustee from committing a breach of trust.
Supporting sources
Who may seek to enjoin an unauthorized corporate act?+
A shareholder may bring a proceeding against the corporation to enjoin the act.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is…