ND Bar Torts and Evidence

Question 1

What are the elements of negligence under North Dakota law?

Accepted Answer

Duty, breach, causation, and damages

Answer

Intent and harm

Answer

Strict liability only

Answer

Recklessness and injury

Question 2

What is strict liability in North Dakota tort law?

Accepted Answer

Liability without fault for abnormally dangerous activities or defective products

Answer

Liability only when intent is proven

Answer

A defense to negligence

Answer

Limited to government actions

Question 3

Under North Dakota law, what is defamation?

Accepted Answer

A false statement of fact published to a third party that damages reputation

Answer

Any negative opinion

Answer

A true but embarrassing statement

Answer

A private communication

Question 4

What is the hearsay rule in North Dakota evidence law?

Accepted Answer

Out-of-court statements offered for the truth of the matter asserted are generally inadmissible

Answer

All out-of-court statements are admissible

Answer

Hearsay is only excluded in criminal cases

Answer

The rule has been abolished

Question 5

What is the attorney-client privilege in North Dakota?

Accepted Answer

Confidential communications between attorney and client for legal advice are protected from disclosure

Answer

All conversations with attorneys are privileged

Answer

The privilege only applies in criminal cases

Answer

The court can override the privilege at will

Question 6

What is the North Dakota product liability standard?

Accepted Answer

Manufacturers and sellers can be strictly liable for injuries caused by defective products

Answer

Only manufacturers are liable

Answer

Proof of negligence is always required

Answer

Product liability does not exist in this state