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8.3

U3AOS2 - Injunctions

QuestionAnswer
What is an injunction? A remedy in the form of an order restricting the defendant from doing, or requiring them to do something.
What are the two types of injunctions? Interlocutory injunction and final injunction.
What is an interlocutory injunction? A temporary injunction lasting a short time, often awarded in urgent circumstances, such as preventing demolition of a house until the court resolves a dispute.
What is a final injunction? A permanent, ongoing injunction, such as preventing a publisher from printing a defamatory book.
Are mandatory injunctions interlocutory? No, mandatory injunctions are NOT interlocutory.
What are the purposes of injunctions? 1. To return the plaintiff to their original position before the civil breach. 2. To deter others from committing civil breaches. 3. To uphold the plaintiff’s rights.
What is a strength of injunctions in returning the plaintiff to their original position? They force the defendant to take action to prevent further harm and can restrict future breaches.
What is a limitation of interlocutory injunctions? They are only temporary, so the defendant may continue disruptive behavior after the injunction expires.
What is a strength of injunctions in upholding rights? Granting an injunction shows commitment to protecting individuals’ civil rights and provides plaintiffs a powerful tool for justice.
What is a limitation of injunctions in upholding rights? High costs of initiating a claim mean people of higher socioeconomic status can better protect their civil rights.
What is a strength of injunctions in deterring others? Injunctions provide immediate relief by swiftly halting or restricting the defendant’s actions.
What is a limitation of injunctions in deterring others? Courts have limited ability to monitor enforcement, so plaintiffs may need further costly and time-consuming legal action, which undermines deterrence.
Created by: nandistudies
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