ND Bar Torts and Evidence 2 — Questions and Answers
Question 1: What is the best evidence rule in North Dakota?
- Original documents must be produced to prove their contents (Correct answer)
- The strongest evidence must always be presented first
- Only documentary evidence is admissible
- Digital copies are never acceptable
Correct 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.
Question 2: Under North Dakota tort law, what is the attractive nuisance doctrine?
- Landowners may be liable for injuries to trespassing children from dangerous conditions likely to attract them (Correct answer)
- All trespassers can recover damages
- Only public properties are subject to this doctrine
- The doctrine has been abolished
Correct 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.
Question 3: What is negligence per se in North Dakota?
- Violation of a statute designed to protect a specific class automatically establishes breach of duty (Correct answer)
- Any traffic violation is negligence per se
- The concept does not exist
- It applies only to medical malpractice
Correct 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.
Question 4: What is an excited utterance under North Dakota evidence rules?
- A statement about a startling event made while under the stress of that event, excepted from hearsay (Correct answer)
- Any loud statement
- A statement made to police
- A written statement under oath
Correct 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.
Question 5: Under North Dakota ethical rules, what is a lawyers duty of confidentiality?
- A lawyer must not reveal information relating to client representation without consent except in limited circumstances (Correct answer)
- Lawyers can freely discuss cases with colleagues
- Confidentiality only applies during active representation
- The duty is optional
Correct 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.
Question 6: What is the Good Samaritan law in North Dakota?
- Legal protection for those who voluntarily render emergency aid from liability for ordinary negligence (Correct answer)
- A requirement to provide emergency assistance
- Protection only for medical professionals
- The law does not exist in this state
Correct 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.
ND Bar Torts and Evidence 2
What is the best evidence rule in North Dakota?