ND Bar Essay and Performance Subjects 3 — Questions and Answers
Question 1: Under North Dakota's Uniform Trust Code, what duty requires a trustee to keep trust property separate from personal assets?
- Duty of loyalty
- Duty to segregate (Correct answer)
- Duty of prudence
- Duty to inform
Correct answer: Duty to segregate
The duty to segregate trust property prevents commingling and protects beneficiaries from the trustee's personal creditors.
Question 2: In a North Dakota performance test, which part of the supplied materials contains the law the examinee must apply?
- The task memo
- The library (Correct answer)
- The file
- The instruction sheet
Correct answer: The library
The library portion of the MPT contains cases, statutes, and regulations the examinee must use to analyze the legal issues.
Question 3: A North Dakota essay on property asks about adverse possession. Which element requires continuous use for the statutory period?
- Hostile
- Actual
- Continuous (Correct answer)
- Open and notorious
Correct answer: Continuous
The continuity element requires the adverse possessor to use the land without interruption for North Dakota's 20-year statutory period.
Question 4: Under North Dakota's Rules of Evidence, which hearsay exception applies to a statement made for purposes of medical diagnosis or treatment?
- Present sense impression
- Excited utterance
- Recorded recollection
- Statement for medical diagnosis or treatment (Correct answer)
Correct answer: Statement for medical diagnosis or treatment
N.D.R.Ev. 803(4) excepts from hearsay statements made for — and reasonably pertinent to — medical diagnosis or treatment.
Question 5: In a North Dakota constitutional law essay, the rational basis test is typically applied when a law involves which type of classification?
- Race
- National origin
- Economic or social regulation (Correct answer)
- Fundamental rights
Correct answer: Economic or social regulation
Rational basis review applies to laws involving social and economic regulation, requiring only a legitimate government interest and a rational relationship.
Question 6: Under North Dakota contract law, which doctrine excuses performance when an unforeseen event makes performance impossible after contract formation?
- Frustration of purpose
- Impracticability
- Impossibility (Correct answer)
- Mutual mistake
Correct answer: Impossibility
Impossibility excuses a party's performance when an unforeseen event after contract formation renders performance objectively impossible.
Question 7: In a North Dakota torts essay, which intentional tort protects against harmful or offensive touching without consent?
- Assault
- False imprisonment
- Battery (Correct answer)
- Trespass to chattel
Correct answer: Battery
Battery is an intentional harmful or offensive contact with another person without their consent.
ND Bar Essay and Performance Subjects 3
Under North Dakota's Uniform Trust Code, what duty requires a trustee to keep trust property separate from personal assets?