Bar Prep 2022 QUESTIONS AND ANSWERS

Bar Prep 2022 QUESTIONS AND ANSWERS Actual Authority ans: Exists when a principal makes a manifestation that causes the agent to reasonably believe that the agent is authorized to act on the principal's behalf Apparent Authority ans: Exists when a third party reasonably relies on manifestations by the principal concerning the agent's authority to act on his behalf. Undisclosed Principal Consequences ans: If a third-party has no knowledge of the principal's existence, an agent who enters into a contract on behalf of the undisclosed principal becomes a party to that contract Partially Disclosed Principal Consequences ans: If the third-party knows of the principal's existence, but not the identity, unless the agent and third-party agree otherwise, the agent becomes a party to that contract. When can a principal ratify a contract? ans: Four Requirements: (1). Principal must ratify entire contract; (2). Principal and Third Party must have legal capacity to enter into the contract; (3). Ratification must occur before the third-party withdraws from the contract; (4). Principal knows the material facts of the transaction. When is Discovery permitted? ans: Discovery is generally permitted with regard to any non-privileged matter relevant to any party's claim or defense. Does information need to be admissible for it to be discoverable? ans: No May a party discover documents or tangible things prepared in anticipation of litigation or for trial by or for another party or its representation? ans: Generally, no, unless the party can show that it (1) has a substantial need for the materials to prepare its case AND (2) cannot, without undue hardship, obtain the information by other means. Note: Mental impressions of an attorney are never discoverable. When may a party be subject to sanctions for failing to take reasonable steps to preserve electronically stored information? ans: When such information should have been preserved in anticipation of litigation? What does the court take into consideration when determining sanctions for failure to preserve evidence? ans: The prejudice to another party AND the intent of the party that failed to preserve the evidence. In cases involving failure to preserve electronically stored information, what measures may the court order. ans: (1). Generally, the court may order measures no greater than necessary to cure the prejudice OR (2) if the court finds intent, the court may instruct the jury that they may or must presume that the information was unfavorable to the party that destroyed the information.