FREE ND Bar Specific Law Questions and Answers
In North Dakota, what is the effect of a “dower” right?
In North Dakota, the dower right traditionally provided a surviving spouse with a life estate in one-third of the deceased spouse's real property. However, dower rights have been largely replaced by elective share statutes, but the concept of dower still reflects historical property rights.
According to the North Dakota Rules of Professional Conduct, what should an attorney do if they discover that their client has used their services to commit a crime?
Under the North Dakota Rules of Professional Conduct, an attorney cannot assist a client in committing a crime or fraud. If the client intends to use the attorney’s services to further a crime or fraud, the attorney must withdraw from representing the client. The attorney is also obligated to avoid making false statements or participating in criminal activities, but they are not required to report the crime to authorities unless there is a legal duty to do so.
In North Dakota, what is the time limit for filing a personal injury lawsuit under the statute of limitations?
In North Dakota, the statute of limitations for filing a personal injury lawsuit is 2 years from the date the injury occurred or was discovered. This time frame is set forth in North Dakota Century Code § 28-01-16.
Which provision of the North Dakota Constitution guarantees the right to a jury trial in civil cases?
Article I, Section 12 of the North Dakota Constitution guarantees the right to a jury trial in civil cases. This provision is similar to the Seventh Amendment of the U.S. Constitution, which guarantees this right in federal civil cases.
Under the North Dakota Rules of Professional Conduct, what is the primary duty of an attorney when representing a client?
The primary duty of an attorney when representing a client is to maintain the client's confidentiality, as stipulated by Rule 1.6 of the North Dakota Rules of Professional Conduct. This duty is fundamental to the attorney-client relationship and ensures that clients can freely communicate with their attorneys.