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Simple English definitions for legal terms
Preliminary injunction
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A quick definition of Preliminary injunction:
A preliminary injunction is a court order that can be issued before or during a trial to keep things the way they are until a final decision is made. It is used to prevent someone from doing something that could cause harm that cannot be fixed later. To get a preliminary injunction, a person must show that they will be hurt if the injunction is not granted. The judge will consider many things before deciding whether to grant the injunction, including how much harm will be done, who is likely to win the case, and what is in the public's best interest. If the judge denies the injunction, the person who asked for it can appeal the decision.
A more thorough explanation:
A preliminary injunction is a court order that can be granted before or during a trial to maintain the current situation until a final decision is made. It is used to prevent harm from happening before the case is resolved.
Before a preliminary injunction can be granted, the party requesting it must show that they will suffer significant harm if the injunction is not issued. The judge will then consider the likelihood of the party winning the case, the extent of the harm, and any other interests involved before making a decision.
For example, if a company believes that a former employee is sharing confidential information with a competitor, they may request a preliminary injunction to prevent the employee from continuing to share the information until the case is resolved. If the judge grants the injunction, the employee would be prohibited from sharing the information until the case is resolved.
If the judge denies the injunction, the party requesting it may appeal the decision. This type of appeal is called an interlocutory appeal.
In federal courts, preliminary injunctions are governed by Rule 65 of the Federal Rules of Civil Procedure. Each state has its own rules regarding preliminary injunctions.