Civil Procedure Flashcards
6 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 6 Civil Procedure flashcards as text
What is a counterclaim in North Dakota civil procedure?
Answer: A claim by the defendant against the plaintiff in the same case
A counterclaim allows the defendant to assert their own legal claim against the plaintiff within the same lawsuit.
What is venue in North Dakota civil cases?
Answer: The proper geographic location where a case should be filed
Venue determines which countys court is appropriate for filing, typically based on where events occurred or where parties reside.
Under North Dakota rules, what is the burden of proof in civil cases?
Answer: Preponderance of the evidence
Civil cases generally use the preponderance standard, meaning the claim must be shown to be more likely true than not.
What is the appeals process for district court decisions in North Dakota?
Answer: File a notice of appeal within the required timeframe with the appellate court
Appeals must be filed within a strict deadline after the final judgment, with the case reviewed by the appropriate appellate court.
What is a motion to dismiss in North Dakota civil procedure?
Answer: A request to end the case for legal insufficiency without reaching the merits
A motion to dismiss argues that even if all facts alleged are true, the complaint fails to state a legally sufficient claim for relief.
What is the parol evidence rule in North Dakota?
Answer: Prior oral agreements cannot contradict a fully integrated written contract
The parol evidence rule prevents introduction of prior or contemporaneous oral agreements that contradict the terms of a complete written contract.