Definition of Preliminary injunction. Preliminary Injunction Process. The purpose of a preliminary injunction is to stop or prevent a party from continuing a certain line of action that is deemed to be detrimental to the plaintiff or to the plaintiff's property, or which could change the course of the case through … Learn more. The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. A preliminary injunction is a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act in order to preserve the status quo until a pending ruling or outcome. If a party has shown only a limited probability of success, but has raised substantial and difficult questions worthy of additional inquiry, a court will grant a preliminary injunction only if the harm to him or her outweighs the injury to others if the injunction is denied. In seeking a temporary or preliminary injunction, a plaintiff must establish “irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits.’ The court will consider 1. Meaning of preliminary injunction. Preliminary Injunction - An injunction (see above), issued by a court in the early stages of a lawsuit, maintaining the status quo until the court makes a final ruling … A temporary order commanding a party to act or refrain from acting that is issued prior to or during trial in order to prevent irreparable injury from occurring before the case is decided. Learn more. means the Motion for Immediate and Preliminary Injunction that the AG Plaintiffs filed in the AG Action. Because preliminary injunctions may bind a defendant's behavior for quite some time, the law requires a certain level of process in order to obtain a preliminary injunction. 467, 479 (1950). White v. Davis, 30 Cal. The preliminary injunction is intended to act as a stopgap before and during the full judicial proceeding. translation and definition "preliminary injunction", Dictionary English-English online. A. An injunction is a court order that compels an individual or entity to do, refrain from doing, or to stop doing, a specified thing. “The purpose of a preliminary injunction is to maintain the situation in status quo until the merits can be determined.” The Thayer Co. v. Binnall, 326 Mass. Definition: An injunction is a court order requiring a person to do or cease doing a specific action. A preliminary injunction is appropriate if the moving party demonstrates either (1) a probability of success on the merits and a possibility of irreparable injury, or (2) serious questions going to the merits and the balance of hardships tipping sharply in his favor. A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. The least-used type of injunction is a preliminary injunction. Learn more. Because preliminary injunctions may bind a defendant's behavior for quite some time, the law requires a certain level of process in order to obtain a preliminary injunction. Information and translations of preliminary injunction in the most comprehensive dictionary definitions resource on the web. 1, 2 and 3 and for Respondents in No. n. a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act which is in dispute, thereby maintaining the status quo until there is a final judgment after trial. A preliminary injunction is an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment. Preliminary injunctions may only be issued after a hearing. Preliminary injunctions may only be issued after a hearing. means an injunction granted after opportunity for a full ad ersary hearing on the propriety of its issuance but before a final determination of the merits of the action. Unlike an action for injunction, preliminary injunction is only a provisional or ancillary remedy, that is, it cannot exist except only as part or an incident of an independent action or proceeding. preliminary injunction translation in English-Czech dictionary. en.wiktionary.org (law): 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. In Winter v. Nat… Define Preliminary Injunction. A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. The purpose of the writ is to require a party or a court, agency, or a person to refrain from the performance of a particular act. preliminary injunction definition: → interim injunction. For more on preliminary injunctions, see this American Bar Association article, this  Washington and Lee Law Review article, and this University of Florida Law Review article. A preliminary injunction is one that is issued early in the court proceedings either before the court case or in the early stages of it. WikiMatrix After reviewing the evidence, a judge issued a preliminary injunction ordering Barnes & Noble to stop offering Express Lane until the case was settled. 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