{"id":9276,"date":"2017-11-24T01:16:21","date_gmt":"2017-11-24T01:16:21","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9276"},"modified":"2017-11-24T01:51:18","modified_gmt":"2017-11-24T01:51:18","slug":"petition-in-intervention-to-appear-in-court-and-join-one-of-the-parties-in-maintaining-the-action-or-defense-or-to-assert-a-claim-or-defense-against-some-or-all-of-the-parties","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9276","title":{"rendered":"Petition in Intervention – to join the plaintiff in claiming what is sought or to join the defendant in resisting what is sought, or to take a position adverse to both the plaintiff and the defendant"},"content":{"rendered":"

petition in intervention<\/span>:<\/strong><\/span><\/p>\n

1. See intervention.<\/span><\/strong><\/p>\n

intervenor<\/span>:<\/span><\/strong>
\n(17c)<\/span><\/p>\n

1. Someone who voluntarily enters a pending lawsuit because of a personal stake in it.<\/strong> \u2014 Also spelled intervener<\/em>.<\/span><\/p>\n

intervention<\/span>:<\/span><\/strong><\/p>\n

1. The act or fact of intervening \u2014 any interference that may act the interest of others.\u00a0 In legal terminology, the proceeding by which one not originally a party to an action is permitted, on his own application, to appear therein and join one of the original parties in maintaining the action or defense, or to assert a claim or defense against some or all of the parties to the action as originally instituted.\u00a0 39 Am J lst Parties \u00a7 55<\/span><\/strong>. <\/span><\/p>\n

2. A proceeding within an\u00a0attachment or garnishment proceeding wherein third party claimants assert their rights.\u00a0\u00a06 Am J2d Attach \u00a7 577<\/span>. <\/span><\/span><\/strong><\/p>\n

3. An appearance by a consul on behalf of his nation interested in the estate of a decedent.\u00a0 Anno: 157 ALR 108<\/span>. <\/span><\/span><\/strong><\/p>\n

4. A proceeding in admiralty by a third person to establish a claim to property or the proceeds of property brought into court in a suit in admiralty, where the suit is in rem, or to establish the right or rights of the third person\u00a0<\/span><\/span>in a proceeding for limitation of a shipowner\u2019s liability.\u00a0 2 Am 12d Adm \u00a7 184<\/span>. <\/span><\/strong>[1]<\/span><\/p>\n

\n

intervention<\/span>:<\/span><\/strong>
\nn. (1860)<\/span><\/p>\n

l. The entry into a lawsuit by a third party who, despite not being named a party to the action, as a personal stake in the outcome.\u00a0<\/strong> See Fed. R. Civ. P. 24<\/strong><\/a>.\u00a0 *<\/strong><\/span>\u00a0 The intervenor sometimes joins the plaintiff in claiming what is sought, sometimes joins the defendant in resisting what is sought, and sometimes takes a position adverse to both the plaintiff and the defendant.<\/strong>\u00a0 Cf. IMPLEADER; INTERPLEADER; IMPLEADING. <\/span><\/p>\n

2. The legal procedure by which such a third party is allowed to become a party to the litigation.<\/strong>\u00a0\u2014 formerly also termed (in senses 1 8r 2) trial of right of property<\/strong><\/em><\/span>. [2]<\/span><\/p>\n

intervention on appeal<\/span>:<\/span><\/strong><\/p>\n

1. A practice generally refused after the case has reached the appellate court, or after the time for appeal has expired, parties being brought in to an appeal by order of the appellate court only where the effctive administration of justice demands it.\u00a0\u00a0Mullaney v. Anderson,\u00a0<\/em>342 US 415, 96 L Ed 458, 72 S Ct 428<\/span>. <\/span><\/strong>[1]<\/span><\/p>\n

intervention<\/span>:<\/span><\/strong>
\n(international law)<\/em><\/span><\/p>\n

3.<\/strong> Int\u2019l law<\/em>. One country\u2019s interference by force, or threat of force, in another country\u2019s internal affairs or in questions arising between other countries.<\/strong> \u2014 intervene, vb<\/em>. -interventionary, adj<\/em>. [2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Philip C. Jessup’s\u00a0A Modern Law of Nations<\/em><\/a>\u00a0(1948):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cIntervention may or may not involve the use of force. it is frequently possible for a powerful state to impair the political independence of another weaker state without actually utilizing its armed forces. This result may be accomplished by lending open approval, as by the relaxation of an arms embargo, to a revolutionary group headed by individuals ready to accept the political or economic dominance of the intervening state. It may be accomplished by the withholding of recognition of a new government, combined with various forms of economic and financial pressure until the\u00a0<\/span><\/span><\/strong>will of the stronger state prevails through the resignation or overthrow of the government disapproved.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

humanitarian intervention<\/span>:<\/span><\/strong>
\n(1906)<\/span><\/p>\n

1. An intervention by the international community to curb abuses of human rights within a country, even if the intervention infringes the country\u2019s sovereignty.<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Vaughan Lowe & Antonios Tzanakopoulos’s \u201cHumanitarian Intervention,\u201d in\u00a0<\/em><\/a>5 The Max Planck Encyclopedia of Public International Law<\/em> (Riidiger Wolfrum ed., 2012):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201c[0]ne might distinguish between forcible and non-forcible \u2018humanitarian\u2019 intervention.\u00a0 There are non-forcible actions, such as the provision of humanitarian aid (food, medicine, and the like), that could constitute ‘humanitarian\u00a0<\/span><\/span><\/strong>intervention.\u2019\u00a0 Since, however, intervention in its classical incarnation is generally considered to involve the use of force, these non-forcible actions are better described as \u2018humanitarian assistance\u2019 . . . . Humanitarian intervention can then be loosely defined as a threat or use of armed force against another State that is motivated by humanitarian considerations.\u00a0 This broad definition is not technical and does not imply any distinct legal justification for the forcible action.\u00a0 Many legal justifications for the use of force may involve a humanitarian component or motivation: for example, authorization by the Security Council, self-defence, the protection of nationals abroad (itself connected to self-defence arguments), and armed action upon invitation or with the consent of the target State . . . . \u2018Humanitarian intervention\u2019 also has a narrower meaning as an autonomous justification for the use of armed force in another State distinct from other legal justifications. Humanitarian intervention in this narrower sense can be defined as the use of force to protect people in another State from gross and systematic human rights violations committed against them, or more generally to avert a humanitarian catastrophe, when the target State is unwilling or unable to act.\u00a0 This is still a broad definition, which could be applied to almost any instance of use of military force that has been claimed to have a humanitarian objective or to have been based on humanitarian considerations.\u00a0 The term is not one of art, however: it does not appear in any international treaties; and it cannot be said that its boundaries are yet clearly delineated.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/span><\/strong><\/p>\n

[2]:\u00a0Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[3]:\u00a0Philip C. Jessup, A Modern Law of Nations<\/em><\/a> 172-73 (1948).<\/span><\/strong><\/p>\n

[4]:\u00a0Vaughan Lowe & Antonios Tzanakopoulos, \u201cHumanitarian Intervention,\u201d in\u00a0<\/em><\/a>5 The Max Planck Encyclopedia of Public International Law<\/em> 47, 47-48 (Riidiger Wolfrum ed., 2012).<\/span><\/strong><\/p>\n

******************************************<\/span><\/p>\n

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