intervention


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Intervention

A procedure used in a lawsuit by which the court allows a third person who was not originally a party to the suit to become a party, by joining with either the plaintiff or the defendant.

The federal rules of Civil Procedure recognizes two types of intervention: intervention of right and permissive intervention.

Intervention of right arises when the intervenor, the person who seeks to become a party to an existing lawsuit, can satisfactorily show that his or her interest is not adequately represented by the present parties, that the interest relates to the subject of the action, and that the disposition of the action might in some way impair his or her ability to protect such interest.

Permissive intervention is up to the discretion of the court. It arises when the intervenor's claim or defense and the instant suit have a Question of Law or fact in common.

In deciding whether or not to permit intervention, the court ordinarily balances the needs and interest of the intervenor against the potential hardship on the existing parties if such intervention is allowed. The court will determine whether the intervenor and the parties to the suit share common issues. If the intervenor attempts to inject new causes of actions into the pending suit, his or her request will be denied, since to permit intervention would increase the potential for prejudice and delay in the original action. An intervenor need not argue that he or she will be prejudiced by the judgment if not joined, provided the intervenor is able to show that his or her interest will be impaired by the action if he or she is not involved.

intervention

n. the procedure under which a third party may join an on-going law-suit, providing the facts and the law issues apply to the intervenor as much as to one of the existing contestants. The determination to allow intervention is made by a judge after a petition to intervene and a hearing on the issue. Intervention must take place fairly early in the lawsuit, shortly after a complaint and answer have been filed, and not just before trial since that could prejudice one or both parties who have prepared for trial on the basis of the original litigants. Intervention is not to be confused with joinder which involves requiring all parties who have similar claims to join in the same lawsuit to prevent needless repetitious trials based on the same facts and legal questions, called multiplicity of actions. (See: intervene, joinder)

intervention

(Imposition into a lawsuit), noun ennrance into a lawsuit, entrance of a third party, insertion, interference, interjection, interjection into a lawsuit, intrusion
Associated concepts: intervention by leave of the court, innervention by right

intervention

(Interference), noun intercalation, intercession, interjacence, interjection, interloping, intermeddling, intermediation, interpolation, interposition, interruption, interventus, intrusion
See also: agency, arbitration, collective bargaining, intercession, invasion, mediation

INTERVENTION, civil law. The act by which a third party becomes a party in a suit pending between other persons.
     2. The intervention is made either to be joined to the plaintiff, and to claim the same thing he does, or some other thing connected with it or, to join the defendant, and with him to oppose the claim of the plaintiff, which it is his interest to defeat. Poth. Proced. Civ. lere part. ch. 2, s. 6, Sec. 3. In the English ecclesiastical courts, the same term is used in the same sense.
     3. When a third person, not originally a party to the suit or proceeding, but claiming an interest in the subject-matter in dispute, may, in order the better to protect such interest, interpose his claim, which proceeding is termed intervention. 2 Chit. Pr. 492; 3 Chit. Com. Law, 633; 2 Hagg. Cons. R. 137; 3 Phillim. R. 586; 1 Addams, R. 5; Ought. tit. 14; 4 Hagg. Eccl. R. 67 Dual. Ad. Pr. 74. The intervener may come in at any stage of the cause, and even after judgment, if an appeal can be allowed on such judgment. 2 Hagg. Cons. R. 137: 1 Eng. feel. R. 480; 2 E.g. Eccl. R. 13.

References in periodicals archive ?
This focus is particularly evident in critical care units, where the technology, work flow, and unit design emphasize standard interventions aimed at the eradication of disease, often at the expense of more individualized and holistic healing practices.
(3) An intervention aimed at (improving) the intervention aimed at (improving) some (type of) process P: I(I(P))--the second-order intervention.
Any time that an intervention is implemented, it is imperative to assess whether it has had the intended impact.
In addition to excited delirium deaths occurring during police intervention, frontline police personnel face the additional challenge of preventing deaths resulting from positional asphyxia and cardiac arrest.
One underlying tenet in culturally competent counseling is the appropriate selection and application of intervention strategies and skills.
A clinical staffing is nothing more than a formal intervention in which the influence over a patient has moved from family and friends to a group of professional therapists and a medical team.
Differences between groups in the use of condoms and microbicides during follow-up were highly significant: Condoms were used 69% of the time by women in the enhanced intervention group and 49% of the time by those in the basic group; microbicides were used 44% and 29% of the time, respectively Twenty-one percent of episodes of intercourse among women who received the enhanced intervention and 35% among the basic group were not protected by either method.
An additional 6 studies reported statistically significant improvement in microbial outcome but without reliable data about the effect of the intervention on prescribing (18,19,23,24,28,29).
But a new study shows that interventions involving parents and children lead to safer sexual practices - and do not make adolescents more likely to engage in sexual activity.
The Strategy assigns the NBU to conduct FX interventions in four forms i.e.
Intervention fidelity (also referred to as treatment or implementation fidelity in the literature) describes the degree to which an intervention study is carried out as planned.
THE CONCEPT of humanitarian intervention and international practice in the nineteenth and early twentieth century is the subject of Against Massacre: Humanitarian Interventions in the Ottoman Empire 1815-1914 by Davide Rodogno.