Intervention - Law Dictionary Search Results
Home Dictionary Name: interventionintervention
intervention : the act or an instance of intervening ;specif : the act or procedure by which a third party becomes a party to a pending proceeding between other parties in order to protect his or her own interest in the subject matter of the suit compare impleader, interpleader, joinder NOTE: Intervention developed as a procedure in equity courts. There is some overlap between joinder and intervention because of the merger of law and equity in federal practice. intervention of right : intervention allowed in federal civil procedure when a statute grants an absolute right to intervene or when the applicant claims an interest in the subject of the proceeding that the applicant may be impeded from protecting by the disposition of the proceeding NOTE: Intervention of right will not be granted if the court considers that the applicant's interest is already adequately represented. permissive intervention : intervention allowed in federal civil procedure when a statute grants a condi...
Intervention
Intervention. A third person not originally a party to a suit, but claiming an interest in the matter, may interpose at any stage of the suit in defence of his own interest, whenever affected either as to person or property. This is called intervention, and was peculiar to the Ecclesiastical and Admiralty Courts. It is now practised in actions or suits in the Probate, Divorce, and Admiralty Division of the High Court. An intervener must take the cause as he finds it at the time of his intervention, and can only do what he might have done had he been a party in the first instance; but the Court may relax this rule under special circumstances.In probate actions, any person not named in the writ may intervene and appear in the action as heretofore on filing an affidavit showing that he is interested in the estate of the deceased [(English) R.S.C., Ord. XII., r. 23]. And in an Admiralty action it rem any person not named in the writ may intervene and appear as heretofore on filing an affid...
intervention of right
intervention of right see intervention ...
permissive intervention
permissive intervention see intervention ...
permissive
permissive 1 : based on or having permission [ occupancy] [a user of the vehicle] 2 : granting permission or discretion (as to the court) [a statute] 3 : not compulsory: as a : allowed or made under a standard, rule, or provision that permits discretion or an option see also permissive intervention at intervention permissive presumption at presumption compare compulsory b : allowed under modern rules of civil procedure although not arising from the same transaction or occurrence as the one at issue in the original claim [a counterclaim] see also permissive joinder at joinder per·mis·sive·ly adv per·mis·sive·ness n ...
Barrister, or Barrastor
Barrister, or Barrastor, a counsellor or advocate learned in the law, admitted to plead at the bar, and there to take upon himself the protection and defence of clients. He is termed jurisconsultus and licentiatus in jure. As to the mode and qualification for obtaining the degree of a barrister, see INNS OF COURT; and consult Marchant on Barristers; Warren's Law Studies; Forsyth's Hortenisus; and Chitty on Contracts; also Mew's Digest, tit. 'Barrister.'It shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland. [General Clauses Act, 1897 (10 of 1897), S. 3 (4)]Fees.--A barrister can maintain no action for his fees, which are given not as a salary or hire, but as a mere honorarium or gratuity, and even an express promise by a client to pay money to counsel for his advocacy is not binding, see Re Le Brasseur & Oakley, (1896) 2 Ch 487; Kennedy v. Broun, (1863) 13 CBN S 677, where the whole law on the subject of counsel's fees is elaborately discus...
Judicially separated
Judicially separated, According to Shorter Oxford Dictionary, the word judicial means 'of (used as an adjective of) or belonging to judgement in a court of law, or to Judge in relation to his function; pertaining to the administration of justice; proper to a legal tribunal; resulting from or fixed by a judgement in Court'. In the context, therefore, it means an act done in pursuance of an order or direction of a court of competent jurisdiction. It is used in contrast to separate living by agreement of parties or at the intervention of mediators without the intervention of a judicial proceeding in a competent court of law, Jeet Singh v. State of Uttar Pradesh, (1993) 1 SCC 325 (330). [U.P. Imposition of Ceiling on Land Holdings Act, 1960 (1 of 1961), s. 3(7)]...
Nullity of marriage
Nullity of marriage, a matrimonial suit instituted for the purpose of obtaining a decree, declaring that a supposed marriage in null and void. See MARRI-AGE.The (English) Matrimonial Causes Act, 1873 (36 Vict. c. 31), extended to proceedings for nullity of marriage the provisions of the (English) Matrimonial Causes Acts of 1860 and 1866, ss. 7 and 3 respectively, with reference to the intervention of the king's proctor, and see now Matrimonial Causes Act, 1937, and DIVORCE. See INTERVENTION, and Browne and Latey, Divorce....
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Occasionalism
The system of occasional causes a name given to certain theories of the Cartesian school of philosophers as to the intervention of the First Cause by which they account for the apparent reciprocal action of the soul and the body...
- << Prev.
- Next >>