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Simple English definitions for legal terms
injunctive relief
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A quick definition of injunctive relief:
Injunctive relief is a way to make someone stop doing something or make them do something they're not doing. It's only used when there's no other way to fix the problem and if not fixing it will cause a lot of harm. It's like a special order from a judge that says what someone has to do or not do. If someone doesn't follow the order, they can get in trouble. The judge can change the order if they made a mistake. Injunctive relief is only used in really serious situations. To get it, someone has to show that they will be hurt a lot if they don't get it, that the other person won't be hurt too much if they do get it, and that it's good for everyone. They also have to show that they will probably win their case. If someone can just pay money to fix the problem, they can't get injunctive relief.
A more thorough explanation:
Injunctive relief, also known as an injunction, is a legal remedy that requires a party to either stop doing something or to do something specific. It is usually only granted when there is no other way to fix the problem and if not granted, it will cause irreparable harm. The purpose of injunctive relief is to prevent future harm.
For example, if a company is using a trademark that belongs to another company, the owner of the trademark can seek injunctive relief to stop the company from using it. Another example is if a landlord is not providing a safe living environment for their tenants, the tenants can seek injunctive relief to force the landlord to make the necessary repairs.
In order to be granted injunctive relief, the party seeking it must show that:
- They will suffer irreparable harm if the relief is not granted
- The harm to them outweighs any harm to the other party
- The injunction is not against the public interest
- They have a good chance of winning the case
If the court grants injunctive relief, the party who is ordered to comply must do so immediately. If they do not, they can be punished for contempt of court.
It is important to note that injunctive relief is only granted in extreme circumstances where other remedies are not sufficient. If the damages can be calculated, monetary damages may be awarded instead of injunctive relief.