Enjoin vs. Injunction — What's the Difference?
By Urooj Arif & Maham Liaqat — Updated on April 19, 2024
"Enjoin" refers to the act of legally prohibiting or mandating an action through a court order, while an "injunction" is the legal order itself that imposes such restrictions or requirements.
Difference Between Enjoin and Injunction
Table of Contents
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Key Differences
"Enjoin" is a verb that describes the act of a court issuing an order directing someone to do or to stop doing something. On the other hand, an "injunction" is a noun that refers to the court order itself. This order can be either to prevent certain actions (a prohibitive injunction) or to require specific actions (a mandatory injunction).
When a court enjoins something, it uses its authority to require compliance with its orders, impacting the behavior of individuals or entities. Whereas, an injunction is the tool through which such compliance is sought—it is the formal and legal expression of the court's directive.
The process to enjoin typically begins with a legal request or motion to the court, arguing why such an order is necessary. In contrast, the issuance of an injunction is the culmination of this process, a tangible result often following a hearing or legal proceedings, where the arguments for and against the injunction are considered.
In practical use, to enjoin someone is to take legal action aimed at limiting or compelling certain behaviors under the threat of legal penalties. On the other hand, an injunction, once issued, serves as a binding legal constraint that must be obeyed, or the violating party may face fines, sanctions, or other legal actions.
Enjoining is an action taken by a legal authority or a party in a lawsuit seeking relief, highlighting the dynamic and procedural aspect of law. However, an injunction reflects the static and outcome-oriented aspect, embodying the authority and decision of the court in a formal legal document.
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Comparison Chart
Part of Speech
Verb
Noun
Definition
To legally order or prohibit actions
The legal order given to stop/start action
Usage in Law
Action to request judicial intervention
The legal document embodying the order
Outcome
Leads to the issuance of an injunction
The consequence of the enjoinment process
Legal Requirement
Initiation by filing a motion
Issued by a court following legal criteria
Compare with Definitions
Enjoin
Legal action to seek a court order.
Activists sought to enjoin the government from enforcing the restrictive policy.
Injunction
Legal requirement to do or not do something.
Under the injunction, the protesters were barred from blocking the building entrances.
Enjoin
Preventive or compulsory legal remedy.
The NGO attempted to enjoin the destruction of protected lands.
Injunction
Tool for enforcing legal rights or prohibitions.
The injunction effectively stopped the unauthorized use of intellectual property.
Enjoin
To prohibit legally.
The court enjoined the company from using the trademark.
Injunction
Binding legal constraint.
Violating the injunction could result in significant fines for the company.
Enjoin
Initiation of judicial intervention.
The attorney moved to enjoin the merger between the two companies.
Injunction
Result of legal action or proceedings.
The injunction was granted after the judge determined the activity would cause irreparable harm.
Enjoin
To command; to direct legally.
The judge enjoined the defendant to comply with the settlement terms.
Injunction
A court order prohibiting specific actions.
The court issued an injunction against the publication of the book.
Enjoin
Instruct or urge (someone) to do something
The code enjoined members to trade fairly
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.
Enjoin
To direct (a person) to do something; order or urge
The doctor enjoined the patient to walk daily.
Injunction
The act or an instance of enjoining; a command, directive, or order.
Enjoin
To require or impose (an action or behavior, for example) with authority and emphasis; prescribe.
Injunction
(Law) A court order requiring a party to refrain from doing a particular act or to do a particular act.
Enjoin
To prohibit or forbid
The judge enjoined the merger of the firms. The court enjoined the company from merging with its competitor.
Injunction
The act of enjoining; the act of directing, commanding, or prohibiting.
Enjoin
To lay upon, as an order or command; to give an injunction to; to direct with authority; to order; to charge.
Injunction
That which is enjoined; such as an order, mandate, decree, command, precept.
Enjoin
(transitive) To prescribe under authority; to ordain.
Injunction
(legal) A writ or process, granted by a court of equity, and, in some cases, under statutes, by a court of law, whereby a party is required to do or to refrain from doing certain acts, according to the exigency of the writ.
Enjoin
To prohibit or restrain by a judicial order or decree; to put an injunction on.
Injunction
The act of enjoining; the act of directing, commanding, or prohibiting.
Enjoin
To lay upon, as an order or command; to give an injunction to; to direct with authority; to order; to charge.
High matter thou enjoin'st me.
I am enjoined by oath to observe three things.
Injunction
That which is enjoined; an order; a mandate; a decree; a command; a precept; a direction.
For still they knew, and ought to have still remembered,The high injunction, not to taste that fruit.
Necessary as the injunctions of lawful authority.
Enjoin
To prohibit or restrain by a judicial order or decree; to put an injunction on.
This is a suit to enjoin the defendants from disturbing the plaintiffs.
Injunction
A writ or process, granted by a court of equity, and, in some cases, under statutes, by a court of law, whereby a party is required to do or to refrain from doing certain acts, according to the exigency of the writ.
Enjoin
To join or unite.
Injunction
A formal command or admonition
Enjoin
Issue an injunction
Injunction
(law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity;
Injunction were formerly obtained by writ but now by a judicial order
Enjoin
Give instructions to or direct somebody to do something with authority;
I said to him to go home
She ordered him to do the shopping
The mother told the child to get dressed
Common Curiosities
How does an injunction work?
An injunction works as a preventive or mandatory order that sets legal boundaries for behavior or actions, enforceable by law.
Can anyone request an injunction?
Typically, a party involved in a legal dispute can request an injunction, but it must be justified to the court's satisfaction.
What does it mean to enjoin someone in legal terms?
It means to legally order them to do or to refrain from doing a specific act through a court order.
What happens if an injunction is violated?
Violating an injunction can lead to penalties such as fines, contempt of court charges, or other legal consequences.
Is there a difference between a temporary and a permanent injunction?
Yes, a temporary injunction is issued to provide immediate relief and maintain the status quo until a full hearing, while a permanent injunction is a long-term order issued as part of a final ruling.
What is the standard for issuing an injunction?
Courts typically require proof that irreparable harm will occur without the injunction and that the requester has a likelihood of success on the merits of the case.
What are some common types of injunctions?
Common types include restraining orders, preliminary injunctions, and permanent injunctions, each serving different legal needs.
What is the legal impact of an injunction on a business?
It can significantly affect a business's operations, requiring them to alter practices or halt certain activities.
How does enjoining relate to other forms of legal remedies?
Enjoining is one type of legal remedy that focuses on preventing or mandating actions rather than compensating for damages.
Can an injunction be reversed?
Yes, injunctions can be reversed or modified upon appeal or if new evidence is presented that significantly alters the case's circumstances.
How long does it take to get an injunction?
The timing can vary widely depending on the urgency and complexity of the issues involved.
Can an injunction affect third parties not involved in the case?
Yes, sometimes injunctions can have broader implications, affecting others not directly involved in the case.
What is required to successfully enjoin someone?
It requires sufficient evidence, legal basis, and often an argument that other remedies are inadequate.
Who decides if an injunction is necessary?
A judge or a court decides based on the evidence and legal arguments presented by the parties.
Is an injunction applicable internationally?
While an injunction has authority within the jurisdiction it was issued, international enforcement depends on specific treaties and reciprocal legal agreements.
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Written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Maham Liaqat
