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
In a North Dakota performance test memo, what is the primary difference between a persuasive brief and an objective memo?
Answer: A brief advocates for one side; a memo analyzes all sides objectively
A persuasive brief argues the client's best position, while an objective memo analyzes strengths and weaknesses of all arguments.
Under North Dakota defamation law, what must a public figure plaintiff prove that a private figure plaintiff generally does not?
Answer: Actual malice — knowledge of falsity or reckless disregard for truth
Under New York Times v. Sullivan, public figures must prove actual malice, a higher constitutional standard not required of private figure plaintiffs.
Under North Dakota contract law, what is the effect of a condition precedent that fails to occur?
Answer: The duty to perform is discharged
When a condition precedent fails to occur, the party whose duty depended on that condition is discharged from the obligation to perform.
In a North Dakota criminal law essay involving conspiracy, what is the modern majority rule regarding whether the crime requires an overt act?
Answer: An overt act in furtherance of the conspiracy is required under the majority rule
The majority of U.S. jurisdictions, including North Dakota, require an overt act in furtherance of the conspiracy beyond mere agreement.
Under North Dakota's statute of frauds, which type of contract must be in writing to be enforceable?
Answer: Any contract that cannot be performed within two years
Under both common law and N.D.C.C. § 9-06-04, a contract that by its terms cannot be performed within one year of formation must be in writing.
Under the North Dakota Rules of Civil Procedure, which motion challenges the legal sufficiency of a claim as pleaded, assuming all facts are true?
Answer: Motion to dismiss under Rule 12(b)(6)
A Rule 12(b)(6) motion to dismiss argues that even accepting all alleged facts as true, the plaintiff has failed to state a claim upon which relief can be granted.
In a North Dakota wills essay, what is the consequence of a witnessed will that lacks the required number of attesting witnesses?
Answer: The will is invalid and treated as intestate estate
A witnessed will that fails to meet the two-witness requirement under N.D.C.C. § 30.1-08-02 is invalid and the estate passes by intestacy.