Preliminary injunction

Preliminary injunction

A preliminary injunction, in equity, is an injunction entered by a court prior to a determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or dismissed.

In most courts in the United States, the party seeking the "preliminary injunction" must demonstrate all four things together:

# That there is a substantial likelihood of "success on the merits" of the case,
# That they face a substantial threat of "irreparable damage or injury" if the injunction is not granted,
# That the "balance of harms" weighs in favor of the party seeking the preliminary injunction
# That the grant of an injunction would disserve the public interest.

The "balance of harms" refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.

ee also


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Look at other dictionaries:

  • preliminary injunction — see injunction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. preliminary injunction …   Law dictionary

  • preliminary injunction — UK US noun [C] US LAW ► INTERIM INJUNCTION(Cf. ↑interim injunction) …   Financial and business terms

  • preliminary injunction — An injunction granted prior to a hearing on the merits, being in no way dependent upon such hearing, its purpose being merely to preserve the status quo until the final hearing on the merits. 28 Am J Rev ed Inj § 12. In some jurisdictions, the… …   Ballentine's law dictionary

  • preliminary injunction — noun a court order prohibiting a party to litigation from carrying on a course of action until a trial has determined whether the course of action is proper …   Wiktionary

  • preliminary injunction — court order to stop certain actions until an investigation can be made …   English contemporary dictionary

  • A party moving for a preliminary injunction in a federal civil lawsuit must: — A party moving for a preliminary injunction in a federal civil lawsuit must: • Notify the adverse party of its intent to seek a preliminary injunction. • Provide security in an amount that the court considers proper to pay the costs and damages… …   Law dictionary

  • injunction — in·junc·tion /in jəŋk shən/ n [Middle French injonction, from Late Latin injunction injunctio, from Latin injungere to enjoin, from in in + jungere to join]: an equitable remedy in the form of a court order compelling a party to do or refrain… …   Law dictionary

  • preliminary — pre‧lim‧i‧na‧ry [prɪˈlɪmnri ǁ neri] adjective [only before a noun] coming before something more official, more important etc: • Preliminary estimates indicate that earnings will decline substantially from a year ago. • The group will set the… …   Financial and business terms

  • preliminary — pre·lim·i·nary /pri li mə ˌner ē/ adj: coming before and usu. serving as a temporary or intermediate step to something preliminary negotiations a preliminary payment plan preliminary n Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • injunction — A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. A prohibitive, equitable remedy issued or granted by a court at the suit of a party complainant, directed to a party defendant in… …   Black's law dictionary

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