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Essay and Performance Subjects Flashcards

7 cards from real ND BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Essay and Performance Subjects flashcards as text

  1. Under North Dakota's Uniform Trust Code, what duty requires a trustee to keep trust property separate from personal assets?

    Answer: Duty to segregate

    The duty to segregate trust property prevents commingling and protects beneficiaries from the trustee's personal creditors.

  2. In a North Dakota performance test, which part of the supplied materials contains the law the examinee must apply?

    Answer: The library

    The library portion of the MPT contains cases, statutes, and regulations the examinee must use to analyze the legal issues.

  3. A North Dakota essay on property asks about adverse possession. Which element requires continuous use for the statutory period?

    Answer: Continuous

    The continuity element requires the adverse possessor to use the land without interruption for North Dakota's 20-year statutory period.

  4. Under North Dakota's Rules of Evidence, which hearsay exception applies to a statement made for purposes of medical diagnosis or treatment?

    Answer: Statement for medical diagnosis or treatment

    N.D.R.Ev. 803(4) excepts from hearsay statements made for — and reasonably pertinent to — medical diagnosis or treatment.

  5. In a North Dakota constitutional law essay, the rational basis test is typically applied when a law involves which type of classification?

    Answer: Economic or social regulation

    Rational basis review applies to laws involving social and economic regulation, requiring only a legitimate government interest and a rational relationship.

  6. Under North Dakota contract law, which doctrine excuses performance when an unforeseen event makes performance impossible after contract formation?

    Answer: Impossibility

    Impossibility excuses a party's performance when an unforeseen event after contract formation renders performance objectively impossible.

  7. In a North Dakota torts essay, which intentional tort protects against harmful or offensive touching without consent?

    Answer: Battery

    Battery is an intentional harmful or offensive contact with another person without their consent.