Difference Between Temporary Injunction And Stay Order In Orange
Description
Form popularity
FAQ
A court order, requiring a party not to do something or stop doing something it was engaged in.
A temporary injunction is also known as a temporary restraining order, or TRO. As its name suggests, it is a short-term action that is meant to prevent the immediate harm that is anticipated should a specific action be allowed to move forward.
The legal principle firmly maintains that injunctions are not awarded in cases where nuisance is uncertain. When there is ambiguity surrounding the presence or severity of a nuisance, the court abstains from providing injunctive relief.
Temporary injunction. n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action.
Injunction – Disadvantages Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.
A temporary injunction is a provisional measure that provides immediate relief and lasts only until the court reaches a final decision on the matter. On the other hand, a permanent injunction is a final and permanent order issued after the court has made a final determination on the case.
Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts.
An injunction pending appeal is most likely in a civil case in which enforcement of the judgment awarded in trial court is stayed, or ordered by the court to be enjoined from enforcement and remain inactive until the appeal is decided.
(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
