ND BAR Cheat Sheet 2026

The 30 highest-yield ND BAR facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. Which provision of the North Dakota Constitution guarantees the right to a jury trial in civil cases? → Article I, Section 12
2. Under North Dakota's Marketable Record Title Act, how many years of an unbroken chain of title are required to establish marketable title? → 20 years
3. In a North Dakota criminal law essay involving conspiracy, what is the modern majority rule regarding whether the crime requires an overt act? → An overt act in furtherance of the conspiracy is required under the majority rule
4. A North Dakota lawyer wants to enter into a business transaction with a client. Under the NDRPC, which condition is NOT required for this to be permissible? → The transaction must be approved by the state bar
5. When drafting a legal document, such as a contract, what is a critical aspect to ensure that the document is clear and enforceable? → Ensuring that all parties’ obligations and rights are clearly defined and unambiguous
6. What is the Free Exercise Clause protection under the North Dakota Constitution? → The right to practice religion free from government interference
7. What is the comparative fault standard in North Dakota? → Modified comparative fault with a specific threshold barring recovery
8. In a North Dakota performance test, which part of the supplied materials contains the law the examinee must apply? → The library
9. Which of the following contracts is within the Statute of Frauds and must be in writing to be enforceable? → A contract that cannot be performed within one year from the date of its making
10. What is the statute of limitations for personal injury in North Dakota? → 2 to 4 years depending on the type of claim
11. Under North Dakota's Uniform Trust Code, what duty requires a trustee to keep trust property separate from personal assets? → Duty to segregate
12. Under North Dakota's Rules of Evidence, which hearsay exception applies to a statement made for purposes of medical diagnosis or treatment? → Statement for medical diagnosis or treatment
13. Under the Fourth Amendment, which of the following is required for a search warrant to be valid? → The warrant must specify the place to be searched and the items to be seized.
14. What is the exclusionary rule as applied in North Dakota? → Evidence obtained through unconstitutional means is inadmissible at trial
15. A lawyer withdraws from representing a client in a pending litigation matter. Which of the following is NOT required upon withdrawal? → Refunding all fees paid, regardless of work completed
16. What is required for personal jurisdiction over an out-of-state defendant in North Dakota? → Minimum contacts with the state consistent with due process
17. Under North Dakota rules, what is the burden of proof in civil cases? → Preponderance of the evidence
18. Which of the following statements about consideration in contract law is correct? → Consideration must be something of value, but it does not need to be sufficient.
19. How should an attorney in North Dakota handle communication with a client about the status of their case? → The attorney should regularly update the client on significant developments and progress.
20. Under MBE Property, which future interest is retained by a grantor who conveys 'To A for life, then if A has children, to A's children'? → Reversion
21. Under North Dakota's Administrative Agencies Practice Act, what must an agency provide before revoking a professional license? → Notice and an opportunity for a formal hearing
22. Under MBE Contracts, which doctrine excuses a party's performance when an unforeseen event makes performance commercially impracticable? → Commercial impracticability
23. What is required for an attorney in North Dakota to ensure that their fees are considered reasonable? → The attorney must provide a written agreement outlining the fee structure.
24. Under MBE Constitutional Law, which standard of review applies to laws that discriminate on the basis of gender? → Intermediate scrutiny
25. Under North Dakota's implied warranty of habitability, which remedy is generally NOT available to residential tenants? → Punitive damages for breach alone
26. The parol evidence rule generally prevents a party from introducing evidence of prior oral agreements that: → Contradict or vary the terms of a fully integrated written contract
27. North Dakota follows which rule for intestate succession when a decedent is survived by a spouse and children of that marriage only? → Spouse takes entire estate
28. What is the separation of powers doctrine in North Dakota? → Government authority is divided among three branches with checks and balances
29. North Dakota's non-compete agreements are governed primarily by which statutory provision? → N.D.C.C. § 9-08-06, which voids non-competes except in narrow exceptions
30. Under North Dakota law, which type of property is presumed abandoned after 5 years of inactivity and escheats to the state? → Unclaimed intangible personal property held by financial institutions