Which of the following statements is true regarding interventions by nonparties?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

Intervention by nonparties in a legal action is governed by certain legal principles, one of which is that nonparties must demonstrate a significant interest in the outcome that is not adequately represented by the existing parties. This requirement exists to ensure that those with a legitimate stake in the matter can protect their interests.

In legal practice, intervention allows a nonparty to join an existing lawsuit as a party, ensuring that their concerns are addressed and that they have the opportunity to participate in the proceedings. However, the key criterion is the inadequacy of representation by the current parties; if the nonparty's interest could be adequately represented by those already involved in the case, the court may deny the intervention. This principle is crucial for promoting fairness and ensuring all relevant interests are considered in the litigation process.

Other options do not accurately reflect the legal framework surrounding intervention. Nonparties can intervene under certain conditions, they do not have to wait for an invitation, and while courts have discretion in allowing interventions, the requirement of demonstrating inadequately protected interests is a foundational aspect of the intervention process.

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