ND Bar Civil Procedure 2

Question 1

What is a counterclaim in North Dakota civil procedure?

Accepted Answer

A claim by the defendant against the plaintiff in the same case

Answer

A claim by a third party

Answer

An appeal of the original decision

Answer

A motion to dismiss

Question 2

What is venue in North Dakota civil cases?

Accepted Answer

The proper geographic location where a case should be filed

Answer

The type of court hearing the case

Answer

The judges chambers

Answer

The courtroom number

Question 3

Under North Dakota rules, what is the burden of proof in civil cases?

Accepted Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Clear and convincing evidence

Answer

Absolute certainty

Question 4

What is the appeals process for district court decisions in North Dakota?

Accepted Answer

File a notice of appeal within the required timeframe with the appellate court

Answer

File a new lawsuit

Answer

Request a new trial from the same judge

Answer

Petition the Governor

Question 5

What is a motion to dismiss in North Dakota civil procedure?

Accepted Answer

A request to end the case for legal insufficiency without reaching the merits

Answer

A motion to postpone the trial

Answer

A motion to add new parties

Answer

A motion to change the judge

Question 6

What is the parol evidence rule in North Dakota?

Accepted Answer

Prior oral agreements cannot contradict a fully integrated written contract

Answer

All oral evidence is admissible

Answer

Written contracts can always be modified orally

Answer

The rule applies only to real estate