Enjoin - Law Dictionary Search Results
Home Dictionary Name: enjoinenjoin
enjoin [Anglo-French enjoindre to impose, constrain, from Old French, from Latin injungere to attach, impose, from in- on + jungere to join] : to prohibit by judicial order : issue an injunction against [a three-judge district court had ed the plans "W. J. Brennan, Jr."] en·join·able adj ...
Enjoiner
One who enjoins...
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
Fast-day
Fast-day, a day of mortification by religious ab-stinence. See a list of Church of England Fast-days in the Prayer-book Calendar Scheduled to the (English) Calendar (New Style) Act, 1750 (24 Geo. 3, c. 23), and see also the still unrepealed 5 & 6 Edw. 6, c. 3 (printed in the second revised edition of the statutes published by authority in 1888), by which the eves of Christmas Day and other holy days are 'commanded to be fasted,' and arch-bishops, bishops and others are authorized to inquire of every person offending in the premises, and to punish offenders by the censures of the Church, and to enjoin them such penance as shall be to the spiritual judge by his discretion thought meet and convenient. 2 & 3 Edw. 6, c. 19, however, providing for abstinence from flesh in Lent or on Fridays or Saturdays, which was expressly saved by s. 4 of this Act, has been repealed by 19 & 20 Vict. c. 64, with many other disused Acts.Fast-days may also be appointed on special occasions by royal proclamati...
Negligence per se
Negligence per se, conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes, Black's Law Dictionary; See also State of Haryana v. Santra, (2000) 5 SCC 182.Negligence per se is defined as 'Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to be particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be ...
Reprimand
Reprimand, a formal and public stigmatization of an offence addressed by a judge to a convicted offender, or by an official superior to an inferior, generally in substitution for any other punishment: see, e.g., that enjoined for the first offence against the Wild Birds Protection Act, 1880 (see BIRDS), in the case of a sparrow or other not scheduled bird, and that enjoined in the case of officers convicted by Court-martial, which may be either 'reprimand,' or 'severe reprimand,' by s. 44 (g) of the Army Act.Reprimand, in British Parliament, when either of the House orders a person (other than a Member) to be reprimanded the Speaker, if the person is in attendance in the lobby, directs the Serjeant-at-Arms to bring him to the bar to reprimand that person. If a person, who is to be reprimanded, is not in attendance, the House orders the Serjeant-at-Arms to take him into custody and bring him to the bar on a certain day to be reprimanded, Parliamentary Dictionary, L.A. Abraham and S.C. H...
bond
bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...
caveat
caveat [Latin, may he/she beware] 1 a : a warning enjoining one from certain acts or practices b : an explanation to prevent a misinterpretation 2 : a notice to a court or judicial officer to suspend a proceeding until the opposition can be heard [a entered in the probate court to stop the proving of the will] caveat vb ...
injunction
injunction [Middle French injonction, from Late Latin injunction- injunctio, from Latin injungere to enjoin, from in- in + jungere to join] : an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act compare cease-and-desist order at order, damage declaratory judgment at judgment, mandamus specific performance at performance, stay NOTE: An injunction is available as a remedy for harm for which there is no adequate remedy at law. Thus it is used to prevent a future harmful action rather than to compensate for an injury that has already occurred, or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. A defendant who violates an injunction is subject to penalty for contempt. affirmative injunction : an injunction requiring a positive act on the part of the defendant : mandatory injunction in this entry final injunction : perman...
mandate
mandate [Latin mandatum, from neuter of mandatus, past participle of mandare to entrust, enjoin, probably irregularly from manus hand + -dere to put] 1 a : a formal communication from a reviewing court notifying the court below of its judgment and directing the lower court to act accordingly b : mandamus 2 in the civil law of Louisiana : an act by which a person gives another person the power to transact for him or her one or several affairs 3 a : an authoritative command : a clear authorization or direction [the of the full faith and credit clause "National Law Journal"] b : the authorization to act given by a constituency to its elected representative vt man·dat·ed man·dat·ing : to make mandatory or required [the Pennsylvania Constitution s a criminal defendant's right to confrontation "National Law Journal"] ...
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