ND Bar Essay and Performance Subjects 2 — Questions and Answers
Question 1: Under the North Dakota Rules of Civil Procedure, what is the deadline to file an answer after personal service of a complaint within North Dakota?
- 21 days (Correct answer)
- 30 days
- 14 days
- 60 days
Correct answer: 21 days
N.D.R.Civ.P. 12(a) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Question 2: In a North Dakota negligence essay, which element requires the plaintiff to show the defendant's conduct fell below the standard of a reasonably prudent person?
- Causation
- Breach (Correct answer)
- Duty
- Damages
Correct answer: Breach
Breach is the element that measures the defendant's conduct against the objective reasonable person standard.
Question 3: A North Dakota performance test typically asks examinees to complete which type of task?
- Draft a client letter, memo, or legal document using a provided file (Correct answer)
- Memorize North Dakota statutes verbatim
- Conduct oral argument before a simulated court
- Prepare a deposition outline from memory
Correct answer: Draft a client letter, memo, or legal document using a provided file
The MPT/performance test supplies a file and library, asking examinees to produce a realistic lawyering document like a memo or brief.
Question 4: Under North Dakota's statute of limitations for written contracts, how many years does a plaintiff generally have to file suit?
- 4 years
- 6 years (Correct answer)
- 3 years
- 10 years
Correct answer: 6 years
N.D.C.C. § 28-01-16 provides a 6-year statute of limitations for actions on written contracts.
Question 5: In a North Dakota criminal law essay, what mental state is required for first-degree murder?
- Strict liability
- Negligence
- Recklessness
- Intentional and premeditated killing (Correct answer)
Correct answer: Intentional and premeditated killing
First-degree murder in North Dakota requires a willful, deliberate, and premeditated intent to cause death.
Question 6: When analyzing personal jurisdiction in a North Dakota essay, the minimum contacts test originated from which landmark U.S. Supreme Court case?
- Pennoyer v. Neff
- International Shoe Co. v. Washington (Correct answer)
- Shaffer v. Heitner
- Hanson v. Denckla
Correct answer: International Shoe Co. v. Washington
International Shoe Co. v. Washington (1945) established that due process requires minimum contacts with the forum state.
Question 7: For a North Dakota bar essay on contracts, when does the mirror-image rule apply?
- Only to UCC Article 2 sales contracts
- To acceptance of offers at common law, requiring acceptance match the offer exactly (Correct answer)
- Only when both parties are merchants
- Only to real property contracts
Correct answer: To acceptance of offers at common law, requiring acceptance match the offer exactly
At common law, the mirror-image rule requires acceptance to be unequivocal and match the offer's terms precisely, or it becomes a counteroffer.
ND Bar Essay and Performance Subjects 2
Under the North Dakota Rules of Civil Procedure, what is the deadline to file an answer after personal service of a complaint within North Dakota?