Torts and Evidence Flashcards

What is the best evidence rule in North Dakota?

Answer: Original documents must be produced to prove their contents

The best evidence rule requires production of original documents when the contents of a writing are at issue, though exceptions exist.

Under North Dakota tort law, what is the attractive nuisance doctrine?

Answer: Landowners may be liable for injuries to trespassing children from dangerous conditions likely to attract them

The attractive nuisance doctrine imposes a higher duty on landowners regarding dangerous conditions that are likely to attract children onto the property.

What is negligence per se in North Dakota?

Answer: Violation of a statute designed to protect a specific class automatically establishes breach of duty

When a defendant violates a statute intended to protect the class of persons to which the plaintiff belongs, breach of duty is established as a matter of law.

What is an excited utterance under North Dakota evidence rules?

Answer: A statement about a startling event made while under the stress of that event, excepted from hearsay

An excited utterance is a hearsay exception because the stress of the event reduces the likelihood of fabrication.

Under North Dakota ethical rules, what is a lawyers duty of confidentiality?

Answer: A lawyer must not reveal information relating to client representation without consent except in limited circumstances

The duty of confidentiality covers all information relating to the representation and continues even after the relationship ends.

What is the Good Samaritan law in North Dakota?

Answer: Legal protection for those who voluntarily render emergency aid from liability for ordinary negligence

The Good Samaritan law encourages emergency assistance by protecting good-faith rescuers from civil liability for ordinary negligence.