interlocutory injunction
Học thuậtThân thiện
A judge issues an interlocutory injunction to halt construction until the trial concludes.
Definition
- Noun:
- A temporary court order: An "interlocutory injunction" is a judicial order issued during the ongoing proceedings of a lawsuit, before a final judgment is made. Its primary purpose is to compel a party to do or, more commonly, to refrain from doing a specific act to maintain the current situation or to prevent irreparable harm until the case is fully decided.
Usage
- This term is used exclusively in legal contexts to describe a provisional measure granted by a court.
- It is requested by a party to a lawsuit to preserve the subject of the litigation or to prevent an action that could cause immediate and significant damage before the court can make a final ruling.
- The injunction remains in effect only for the duration of the trial or until a further order is issued.
Examples
- Noun:
- The company sought an interlocutory injunction to prevent the former employee from disclosing trade secrets during the lawsuit.
- The judge granted an interlocutory injunction, ordering the construction to halt until the property dispute was resolved.
Advanced Usage
- "to obtain/secure an interlocutory injunction": The process of successfully getting a court to issue this temporary order.
- The plaintiff's lawyer moved quickly to secure an interlocutory injunction.
- "to be subject to an interlocutory injunction": The state of being bound by such a court order.
- The defendant is currently subject to an interlocutory injunction freezing the assets.
Variants and Related Words
- Injunction (n): A broader term for a court order requiring a party to do or cease doing a specific action. An "interlocutory injunction" is a type of injunction.
- Permanent injunction (n): A final court order issued as part of a judgment, lasting indefinitely, as opposed to a temporary "interlocutory injunction".
- Preliminary injunction (n): In some jurisdictions, this is a synonymous or closely related term for an "interlocutory injunction" issued at the start of a case.
- Interlocutory (adj): Describes a provisional order or decision that is not final, occurring during the course of legal proceedings.
Synonyms
- Temporary restraining order (TRO): A very short-term emergency injunction, often a precursor to or a type of "interlocutory injunction". (Note: A TRO is typically of even shorter duration and granted with minimal notice.)
- Preliminary injunction: Often used interchangeably in many legal systems.
- Interim injunction: Another common synonym, emphasizing its temporary nature.
Related Phrases
- "Motion for an interlocutory injunction": The formal request filed with the court to obtain this order.
- Their legal strategy depended on filing a successful motion for an interlocutory injunction.
- "Balance of convenience": A key legal test courts use to decide whether to grant an "interlocutory injunction", weighing the potential harm to each party.
- The judge considered the balance of convenience before issuing the interlocutory injunction.
A judge issues an interlocutory injunction to halt construction until the trial concludes.
Noun
- injunction issued during a trial to maintain the status quo or preserve the subject matter of the litigation until the trial is over