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Appealing Injunctions

When a preliminary or temporary injunction has been entered against a defendant, and the defendant believes that injunction is wrongfully issued, he has three choices in resisting the injunction: disobey and risk contempt; move to modify or terminate; or appeal. This lesson explores that third option. Students may use this lesson for a basic tutorial on the subject by clicking on the links for research, which provide background instruction, or if students have studied this material elsewhere, they may test their knowledge by simply answering the questions provided without getting any hints. The lesson will focus primarily on the rules as they apply in the federal courts. While many (if not most) states have a similar approach to the federal system, students are advised to carefully research their own state's law regarding appeal of injunctions.

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