cease and desist order
Học thuậtThân thiện
Definition
Noun: 1. A legal command issued by a court or government agency: A "cease and desist order" is an official legal directive that requires a person or organization to immediately stop ("cease") and not resume ("desist") a specific activity that is alleged to be unlawful. It is a form of injunction.
Usage
- A "cease and desist order" is a formal legal term used in court proceedings and administrative law.
- It is issued by an authority, such as a judge or a regulatory body (e.g., the Federal Trade Commission).
- The order targets a specific, named activity. Violating this order can result in penalties, including fines or contempt of court charges.
Examples
- The company received a cease and desist order from the patent office for infringing on a competitor's design.
- After numerous noise complaints, the city issued a cease and desist order against the nightclub.
- The court granted a cease and desist order to halt the publication of the confidential documents.
Advanced Usage
- Preliminary vs. Permanent: A or may be issued quickly to prevent imminent harm while a case is being decided. A is the final ruling.
- Administrative Orders: Government agencies often have the power to issue administrative cease and desist orders without initially going through a full court trial.
Variants and Related Words
- Injunction (n.): The broader legal category of court orders that compel or restrict action, under which a cease and desist order falls.
- Restraining Order (n.): A type of injunction, often temporary, that orders one party to stop certain actions against another, commonly used in harassment or domestic situations.
- Desist (v.): To stop doing something; to abstain.
- Cessation (n.): The fact or process of ending or being brought to an end.
Synonyms
- Injunction
- Restraining order
- Prohibition order
- Stop order
Related Phrases
- To issue a cease and desist order: The action taken by the court or agency.
- The judge decided to issue a cease and desist order.
- To be served with a cease and desist order: To formally receive the legal order.
- The website owner was served with a cease and desist order.
- To comply with/violate a cease and desist order: To obey or to break the order.
- Failure to comply with the cease and desist order will result in further legal action.
Noun
- (law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity
- injunction were formerly obtained by writ but now by a judicial order