ND Bar Torts and Evidence 2

Question 1

What is the best evidence rule in North Dakota?

Accepted Answer

Original documents must be produced to prove their contents

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Torts and Evidence 2