ND Bar Essay and Performance Subjects 5

Question 1

In a North Dakota performance test memo, what is the primary difference between a persuasive brief and an objective memo?

Accepted Answer

A brief advocates for one side; a memo analyzes all sides objectively

Answer

A persuasive brief argues the client's best position, while an objective memo analyzes strengths and weaknesses of all arguments.

Question 2

Under North Dakota defamation law, what must a public figure plaintiff prove that a private figure plaintiff generally does not?

Accepted Answer

Actual malice — knowledge of falsity or reckless disregard for truth

Answer

Under New York Times v. Sullivan, public figures must prove actual malice, a higher constitutional standard not required of private figure plaintiffs.

Question 3

Under North Dakota contract law, what is the effect of a condition precedent that fails to occur?

Accepted Answer

The duty to perform is discharged

Answer

When a condition precedent fails to occur, the party whose duty depended on that condition is discharged from the obligation to perform.

Question 4

In a North Dakota criminal law essay involving conspiracy, what is the modern majority rule regarding whether the crime requires an overt act?

Accepted Answer

An overt act in furtherance of the conspiracy is required under the majority rule

Answer

The majority of U.S. jurisdictions, including North Dakota, require an overt act in furtherance of the conspiracy beyond mere agreement.

Question 5

Under North Dakota's statute of frauds, which type of contract must be in writing to be enforceable?

Accepted Answer

Any contract that cannot be performed within two years

Answer

Under both common law and N.D.C.C. § 9-06-04, a contract that by its terms cannot be performed within one year of formation must be in writing.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Essay and Performance Subjects 5