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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 implied warranty of habitability, which remedy is generally NOT available to residential tenants?

    Answer: Punitive damages for breach alone

    While tenants may withhold rent, repair-and-deduct, or terminate, punitive damages are not automatically available for a habitability breach under N.D.C.C. § 47-16-13.2.

  2. North Dakota's non-compete agreements are governed primarily by which statutory provision?

    Answer: N.D.C.C. § 9-08-06, which voids non-competes except in narrow exceptions

    N.D.C.C. § 9-08-06 voids non-compete agreements except when tied to the sale of a business or dissolution of a partnership.

  3. Under North Dakota law, which type of property is presumed abandoned after 5 years of inactivity and escheats to the state?

    Answer: Unclaimed intangible personal property held by financial institutions

    Under the North Dakota Uniform Unclaimed Property Act (N.D.C.C. § 47-30.2), unclaimed intangible property such as bank accounts escheats after 5 years.

  4. Under North Dakota tort law, what standard of care is owed by a landowner to a trespassing adult under the traditional common-law approach still recognized in North Dakota?

    Answer: Duty to refrain from willful or wanton injury only

    A North Dakota landowner owes adult trespassers only the duty to refrain from willful, wanton, or intentional injury.

  5. Under the North Dakota Rules of Civil Procedure, how many days does a defendant have to answer a complaint after personal service within the state?

    Answer: 30 days

    Under N.D.R.Civ.P. 12(a), a defendant must serve an answer within 21 days of being served with the summons and complaint.

  6. In North Dakota, a contract for the sale of real property must be in writing to be enforceable under the Statute of Frauds. Which exception may remove this requirement?

    Answer: Part performance by the buyer

    The part performance doctrine can remove a real estate contract from the Statute of Frauds when the buyer takes possession and makes improvements in reliance on the oral agreement.

  7. Under North Dakota's Uniform Parentage Act, what creates a presumption of parentage for a man not married to the mother?

    Answer: Acknowledging paternity in a signed writing filed with the state

    Under N.D.C.C. § 14-20-10, a signed and filed acknowledgment of paternity creates a legal presumption of parentage.