ND Bar Essay and Performance Subjects 4

Question 1

Under North Dakota's UCC Article 2, when does risk of loss pass to the buyer when a contract requires shipment by common carrier (shipment contract)?

Accepted Answer

When the seller delivers goods to the carrier

Answer

Under UCC § 2-509(1)(a), risk of loss passes to the buyer when the seller duly delivers the goods to the carrier in a shipment contract.

Question 2

A North Dakota essay on professional responsibility asks about the duty of confidentiality. Under the ND Rules of Professional Conduct, which exception permits disclosure to prevent a client's reasonably certain death or substantial bodily harm?

Accepted Answer

Rule 1.6(b)(1)

Answer

N.D. RPC 1.6(b)(1) permits (but does not require) a lawyer to disclose confidential information to prevent reasonably certain death or substantial bodily harm.

Question 3

Under North Dakota property law, which future interest is retained by the grantor when they convey a fee simple determinable?

Accepted Answer

Possibility of reverter

Answer

A fee simple determinable is paired with a possibility of reverter, which automatically returns the estate to the grantor if the limiting condition occurs.

Question 4

In a North Dakota criminal procedure essay, what standard must be met before police may conduct a warrantless search incident to a lawful arrest?

Accepted Answer

The arrest must be lawful and search must be of the person and area within immediate control

Answer

Under Chimel v. California, a search incident to arrest is limited to the arrestee's person and the area within their immediate control to prevent weapon access or evidence destruction.

Question 5

Under North Dakota's Uniform Probate Code, what is the intestate share of a surviving spouse when the decedent is also survived by descendants who are not descendants of the surviving spouse?

Accepted Answer

One-half of the estate

Answer

Under N.D.C.C. § 30.1-04-02, when the decedent has descendants who are not also descendants of the surviving spouse, the spouse takes one-half of the intestate estate.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Essay and Performance Subjects 4