Georgia Sample Brief - Injunction

State:
Multi-State
Control #:
US-01010
Format:
Word; 
Rich Text
Instant download

Description

This is a sample summary of the argument and argument section of a brief regarding an injunction against action to foreclose on a deed of trust. Modify to fit your facts. Check for compliance with local court rules.
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FAQ

Plaintiffs make this motion for a preliminary injunction on the grounds that (1) Plaintiffs have demonstrated a likelihood of succeeding on the merits of their claim that Defendant has [describe unlawful conduct]; (2) Plaintiffs are likely to suffer irreparable harm in the absence of the relief requested; (3) the harm ...

An injunction is a court order stating that a company must do something or seize from doing a certain action. Injunctions are often granted when monetary damages are not sufficient to remedy a given situation. For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.

Injunctions are often requested in cases such as medical staff disputes, withdrawal of life support cases, and cases involving the treatment of children. In these cases, the complaining party attempts to convince the court that since human lives are at stake, the court must step in.

The first is called an ex parte injunction (also sometimes popularly known as a temporary restraining order, or TRO. The technical name for such an injunction in the Pennsylvania Rules of Civil Procedure is ?special relief?). The other two kinds of injunctions are preliminary injunctions and permanent injunctions.

The plaintiff possesses a clearly ascertainable right in need of protection; There is no adequate remedy at law; The threat of immediate and irreparable harm necessitates the issuance of a preliminary injunction to protect the status quo; The plaintiff has a likelihood of success on the merits of the case; and.

It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...

Examples: ?I am asking the court to grant me a _____ month/year injunction.? ?I want no contact in person, at home, by phone, at work, by mail or through third parties.? ?I would consider any contact in the future to be a violation.? Tell the court why you would like the temporary restraining order injunction.

An official order given by a law court, usually to stop someone from doing something: [ + to infinitive ] The court has issued an injunction to prevent the airline from increasing its prices. [ + -ing verb ] She is seeking an injunction banning the newspaper from publishing the photographs.

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Georgia Sample Brief - Injunction