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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for cancellation of title and reconveyance of a parcel of land, brought by heirs A and B against C, D, a bank that holds a mortgage on the parcel, moves to intervene under Rule 19 on the ground that its lien would be directly affected by the judgment. The trial court denies the motion on the ground that the bank's interest is not direct. (a) State the controlling doctrine on intervention under Rule 19 and the requisites for intervention as a matter of right. (b) Distinguish intervention as of right from permissive intervention and the standards for each. (c) Apply to the facts: should D be allowed to intervene as a matter of right? If not, could intervention by permission be granted? What are the consequences for the intervenor and for the case if intervention is granted or denied?

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Clara

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