South Carolina Code 38-38-580. Injunctions
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Terms Used In South Carolina Code 38-38-580
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: means the Director of the Department of Insurance of this State. See South Carolina Code 38-38-40
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lodge: means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation. See South Carolina Code 38-38-40
- Society: means fraternal benefit society, unless otherwise indicated. See South Carolina Code 38-38-40
Whenever the director or his designee believes, from evidence satisfactory to him, that a society is violating or about to violate this title, the director or his designee may, through the Attorney General or upon his own initiative, cause a complaint or petition for an injunction against a domestic, foreign, or alien society or lodge of a domestic, foreign, or alien society to be filed in the court of common pleas of Richland County to enjoin and restrain the society from continuing the violation, engaging in the violation, or doing any act in furtherance of the violation. The court has jurisdiction of the proceeding and has the power to make and enter an order or judgment awarding preliminary or final injunctive relief as in its judgment is proper.