Also known as: may-issue · may issues · discretionary permit · may-issue jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A grant of discretionary authority allowing a court or other body to issue a specified legal instrument or order when certain conditions are met. The authority is typically bounded by procedural prerequisites such as notice, probable cause, security, or statutory authorization.
Ming Ma sought a preliminary injunction against Meridian Motors to halt alleged trademark infringement. The court reviewed the motion after Meridian Motors received formal notice and an opportunity to respond. Because notice had been given, the court exercised its authority to issue the injunction pending trial.
Malcolm McKinley was named in a complaint supported by affidavits showing probable cause for wire fraud. The judge reviewed the filings and, because probable cause existed, issued an arrest warrant directing federal officers to take McKinley into custody. At the government's request the same complaint also supported issuance of a summons.
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Monarch Pharmaceuticals amended its articles to authorize ten million shares of common stock. The board then resolved to issue two million shares to new investors in exchange for capital contributions. Once issued, those shares became outstanding until redeemed or cancelled.
Mariam Mansour relocated with the child to a new state after a custody order from another jurisdiction set a fixed weekend schedule for Musa Mensah. Mansour refused to honor the schedule. The new state court issued a temporary order directing compliance with the out-of-state visitation schedule pending further proceedings.
Melanie Morris moved for a preliminary injunction against Millennium Media and posted a bond in an amount the court deemed sufficient to cover potential wrongful-enjoinment damages. With security provided, the court issued the injunction restraining further distribution of the disputed content.
Majestic Construction declared a stock dividend requiring distribution of one-half share for each outstanding share. The corporation elected to issue fractional shares rather than scrip. Holders of the fractional shares received full shareholder rights including voting and dividend entitlements.
Notice to the adverse party is required. Security must also be posted in an amount the court deems proper to cover costs and damages if the injunction is later found wrongful. The United States and its agencies are exempt from the security requirement.
If the complaint or affidavits establish probable cause, the judge must issue an arrest warrant. At the government's request the judge must instead issue a summons. A judge may issue more than one warrant or summons on the same complaint.
A corporation may issue the number of shares authorized in its articles. It may also issue fractional shares or scrip in lieu of fractions. Outstanding shares remain outstanding until reacquired, redeemed, converted, or cancelled, and at least one full-voting share and one share entitled to dissolution assets must always remain outstanding.
A court lacking modification jurisdiction may issue a temporary order enforcing a visitation schedule or the visitation provisions of another state's custody order. The temporary order preserves the status quo while the petitioner seeks relief in the court with modification jurisdiction.
…ministerial officer of the people and is compellable to do his duty. If a mandamus can be awarded by this court in any case, it may issue to a Secretary of State. Many cases may be supposed in which a Secretary ought to be compelled to perform his duty specifically. Copies under the seal are made evidence and the law intended…