Interlocutory in Legal Terms

For example, an injunction may be issued to prevent parties to a case from shredding or otherwise destroying important documents that may be related to the case. Without these documents, the case may be decided differently than if they were not made available to the court and/or lawyers. However, once the case is decided, the injunction lapses. For this reason, except in exceptional circumstances, injunctions are rarely revised. These sample sentences are automatically selected from various online information sources to reflect the current use of the word “interlocutory”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. Interloxior is a legal term that may refer to an order, award, order or judgment made at an intermediate stage between the commencement and conclusion of a cause of action and used to make an interim or preliminary determination on a matter. An injunction is therefore not final and cannot be challenged immediately. Courts may also use injunctions to prevent one party from selling or locking property if another party has requested a stay of action in that case. In this scenario, the court issues an injunction to stop the transfer of ownership when it renders its final judgment on the matter. Failure to stop the transfer can cause irreparable damage and problems with the legal title to the property if the court decision ultimately favors the party fighting the transfer of ownership. In most cases, the court focuses on its final decision, and injunctions and appeals help preserve rights and promote court efficiency.

While the courts place importance on finality in most cases, injunctions and remedies are available to protect important rights and improve the economy of justice. An injunction or review is an appeal filed by the parties to a case during ongoing proceedings on the case. Under an injunction, an appellate court is invited to review a decision of the court of first instance. The idea is that the case would be decided differently if an interim review was not completed before a decision could be made. Interestingly, although there are interim remedies, injunctions are rarely challenged because of their short lifespan. In divorce proceedings, injunctions may be issued to prevent harm or irreparable harm while the litigation is ongoing. For example, an injunction may require one spouse to pay the other spouse a certain weekly amount for child support until a decision is made on child support and child support. This prevents the spouse and children from being without income during the action. This word is used to refer to something that is done between the beginning and the end of a trial or trial that decides an issue or issue, but is not a final decision of the question in question; such as interlocutory judgments or decrees or orders. See judgment, conversation.

Courts generally refrain from issuing injunctions unless the circumstances of the dispute require immediate action. For this reason, state and federal courts of appeals limit their use to avoid wasting time and resources. For example, injunctions are often issued in cases involving real estate. If a property needs to be sold and someone has taken legal action to prevent it, a court can issue an injunction. The injunction temporarily suspends the sale of the property until the court can make a final decision on what to do with the property and which should prevail in the lawsuit. Injunctions are issued by the courts when an appellate court must answer a point of law before the proceedings can proceed, or to prevent irreparable harm to a person or property while a dispute or proceeding is pending. In general, courts are reluctant to issue injunctions unless the circumstances of the case are serious and require prompt action. Medieval Latin interlocutorius, Late Latin interloqui to pronounce a provisional sentence, Latin to speak between courts, can also issue injunctions if the property is to be sold or confiscated and legal action has been taken to stop the trial. In such cases, a court will issue an injunction preventing the transfer of ownership until it has rendered a final decision.

Otherwise, it would result in irreparable damage and complicate the legal claim to the property if the person challenging the transfer were ultimately to prevail. Provisional adj. and not final. These are usually temporary court orders. (See: Injunction) In a divorce case, injunctions are often issued to protect a spouse from harm or irreparable harm before the court makes its final decision on the matter.

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