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, 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 ?
The aims of this study were, first, to describe what nursing interventions, including frequency and time required for each, were needed for patients receiving a total hip replacement; and, second, to investigate the extent of variation in hospital direct costs explained by nursing interventions compared to APR-DRG SOI scores.
Influence of psychological nursing intervention and health education on pain degree and life quality of patients with lung cancer.
First, the order sets are comprised of clear, concise, evidence-based nursing interventions. It is reported that it takes approximately 17 years for research findings to become a routine part of a nurse's day-to-day practice (15).
The purpose of the present study was to examine the benefits of incorporating brief acceptance-based pre-surgical nursing intervention to routine care on postsurgical recovery.
It is important to focus on the individual, making nursing interventions patient-specific by including the patient in the planning process.
The presence of nurses is an essential component of caring and is a basic concept in all nursing interventions (Tavernier 2006).
Nursing interventions included in the study were those used in at least 5 percent of the hospitalizations.
An actual analysis was conducted using responses of 427 individuals in a nursing subspecialty who responded to a role delineation questionnaire to rate 161 nursing intervention tasks.
Animal-assisted therapy: A nursing intervention. Nursing Management, 20(5), 96-101.
A series of studies in chest physiotherapy and ICP examined how the timing of a specific nursing intervention could directly affect a neurophysiologic measure.
This article aims to encourage nurses to use music more widely in their practice and to provide insights and resources that will increase confidence in using music as a nursing intervention. The nursing process of assessing, diagnosing, planning, implementing, then evaluating care will be used as a generic framework, (5) with the assertion that this approach to music in nursing (MIN) can be used to achieve a broad range of potential nursing goals.
As many nurses know, personalized encouragement is a powerful nursing intervention. Bedside nurses can help veterans take stock of their strengths and weaknesses and emphasize veterans' strengths (Johnson et al., 2013).

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