Legal Definitions - either-or order

An either-or order is a directive issued by a court that presents a party with two distinct options, requiring them to comply with one of the specified alternatives. This type of order compels a party to take a specific action or accept a particular legal outcome. Failure to choose and act upon one of the options typically results in a predetermined consequence, often unfavorable to the non-complying party.

• Example 1: Compliance with a Judgment
  A court issues an order to a defendant who lost a civil lawsuit, stating they must either pay the awarded damages of $50,000 to the plaintiff within 60 days or provide a detailed payment plan acceptable to the court within 30 days.
  Explanation: The defendant is presented with two choices: pay the full amount quickly or propose a payment plan. If they do neither, they face further legal action, such as asset seizure or wage garnishment, without the court's prior approval of a plan.

• Example 2: Resolving a Property Dispute
  In a property line dispute, a judge might issue an either-or order requiring one homeowner to either remove the shed that encroaches on their neighbor's land within 90 days or purchase that specific strip of land from the neighbor at a court-determined fair market value.
  Explanation: The homeowner has a clear choice: remove the offending structure or compensate the neighbor for the land it occupies. Failing to do either would lead to further court intervention, potentially forcing removal or imposing penalties.

• Example 3: Adherence to Regulatory Standards
  A regulatory agency, after finding a company in violation of environmental standards, obtains an either-or court order. The company is directed to either implement specific pollution control measures and pass an inspection within six months or cease operations at the non-compliant facility immediately.
  Explanation: The company must choose between investing in environmental upgrades to continue operating or shutting down the problematic facility. The order provides a clear path to compliance while outlining the severe consequence of non-compliance.