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Specific Law 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 Specific Law flashcards as text

  1. Under North Dakota's Uniform Commercial Code (UCC Article 2), when does risk of loss pass to the buyer in a shipment contract?

    Answer: When the seller delivers to the carrier

    In a shipment contract under UCC § 2-509, risk of loss passes when the seller delivers the goods to the carrier.

  2. Under the North Dakota Rules of Evidence, which hearsay exception allows admission of a dying declaration?

    Answer: N.D.R.Ev. 804(b)(2) — statement under belief of imminent death

    North Dakota Rule of Evidence 804(b)(2) admits statements made by a declarant who believed death was imminent, now unavailable as a witness.

  3. North Dakota follows which rule for intestate succession when a decedent is survived by a spouse and children of that marriage only?

    Answer: Spouse takes entire estate

    Under N.D.C.C. § 30.1-04-02, if the surviving spouse is the parent of all the decedent's children, the spouse takes the entire intestate estate.

  4. Under North Dakota criminal law, which mens rea standard distinguishes criminal negligence from recklessness?

    Answer: Conscious disregard vs. unconscious disregard of substantial risk

    Recklessness requires conscious disregard of a substantial risk, while criminal negligence involves unconscious disregard under N.D.C.C. § 12.1-02-02.

  5. Under North Dakota's LLC Act, what is the default rule regarding management of a North Dakota LLC?

    Answer: Member-managed

    Under N.D.C.C. § 10-32.1-44, absent an operating agreement provision, a North Dakota LLC is member-managed by default.

  6. In a North Dakota criminal trial, what is the jury size requirement for a felony offense?

    Answer: 12 jurors

    North Dakota requires a 12-person jury for felony trials under N.D.R.Crim.P. 23(a).

  7. Under North Dakota consumer protection law, which act prohibits deceptive acts or practices in trade or commerce?

    Answer: North Dakota Unlawful Sales or Advertising Practices Act

    N.D.C.C. § 51-15-02, the Unlawful Sales or Advertising Practices Act, prohibits deceptive acts or practices in trade or commerce.