ND Bar Specific Law 3 — Questions and Answers
Question 1: Under North Dakota's Uniform Commercial Code (UCC Article 2), when does risk of loss pass to the buyer in a shipment contract?
- When the buyer receives the goods
- When the seller delivers to the carrier (Correct answer)
- When the goods are identified to the contract
- When the buyer pays for the goods
Correct answer: When the seller delivers to the carrier
In a shipment contract under UCC § 2-509, risk of loss passes when the seller delivers the goods to the carrier.
Question 2: Under the North Dakota Rules of Evidence, which hearsay exception allows admission of a dying declaration?
- N.D.R.Ev. 803(2) — excited utterance
- N.D.R.Ev. 804(b)(2) — statement under belief of imminent death (Correct answer)
- N.D.R.Ev. 803(4) — statement for medical diagnosis
- N.D.R.Ev. 807 — residual exception
Correct answer: N.D.R.Ev. 804(b)(2) — statement under belief of imminent death
North Dakota Rule of Evidence 804(b)(2) admits statements made by a declarant who believed death was imminent, now unavailable as a witness.
Question 3: North Dakota follows which rule for intestate succession when a decedent is survived by a spouse and children of that marriage only?
- Spouse takes one-half; children share the other half
- Spouse takes entire estate (Correct answer)
- Children take entire estate
- Spouse takes first $200,000 plus one-half of remainder
Correct answer: Spouse takes entire estate
Under N.D.C.C. § 30.1-04-02, if the surviving spouse is the parent of all the decedent's children, the spouse takes the entire intestate estate.
Question 4: Under North Dakota criminal law, which mens rea standard distinguishes criminal negligence from recklessness?
- Conscious disregard vs. unconscious disregard of substantial risk (Correct answer)
- Knowledge vs. purpose
- Strict liability vs. negligence
- Recklessness and negligence are identical under North Dakota law
Correct answer: Conscious disregard vs. unconscious disregard of substantial risk
Recklessness requires conscious disregard of a substantial risk, while criminal negligence involves unconscious disregard under N.D.C.C. § 12.1-02-02.
Question 5: Under North Dakota's LLC Act, what is the default rule regarding management of a North Dakota LLC?
- Member-managed (Correct answer)
- Manager-managed
- Board-managed like a corporation
- Managed by a state-appointed receiver
Correct answer: Member-managed
Under N.D.C.C. § 10-32.1-44, absent an operating agreement provision, a North Dakota LLC is member-managed by default.
Question 6: In a North Dakota criminal trial, what is the jury size requirement for a felony offense?
- 6 jurors
- 8 jurors
- 10 jurors
- 12 jurors (Correct answer)
Correct answer: 12 jurors
North Dakota requires a 12-person jury for felony trials under N.D.R.Crim.P. 23(a).
Question 7: Under North Dakota consumer protection law, which act prohibits deceptive acts or practices in trade or commerce?
- North Dakota Unfair Trade Practices Act
- North Dakota Consumer Fraud Act
- North Dakota Unlawful Sales or Advertising Practices Act (Correct answer)
- North Dakota Deceptive Business Practices Statute
Correct answer: North Dakota Unlawful Sales or Advertising Practices Act
N.D.C.C. § 51-15-02, the Unlawful Sales or Advertising Practices Act, prohibits deceptive acts or practices in trade or commerce.
ND Bar Specific Law 3
Under North Dakota's Uniform Commercial Code (UCC Article 2), when does risk of loss pass to the buyer in a shipment contract?