ND Bar Specific Law 3

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?

Accepted Answer

When the seller delivers to the carrier

Answer

When the buyer receives the goods

Answer

When the goods are identified to the contract

Answer

When the buyer pays for the goods

Question 2

Under the North Dakota Rules of Evidence, which hearsay exception allows admission of a dying declaration?

Accepted Answer

N.D.R.Ev. 804(b)(2) — statement under belief of imminent death

Answer

N.D.R.Ev. 803(2) — excited utterance

Answer

N.D.R.Ev. 803(4) — statement for medical diagnosis

Answer

N.D.R.Ev. 807 — residual exception

Question 3

North Dakota follows which rule for intestate succession when a decedent is survived by a spouse and children of that marriage only?

Accepted Answer

Spouse takes entire estate

Answer

Spouse takes one-half; children share the other half

Answer

Children take entire estate

Answer

Spouse takes first $200,000 plus one-half of remainder

Question 4

Under North Dakota criminal law, which mens rea standard distinguishes criminal negligence from recklessness?

Accepted Answer

Conscious disregard vs. unconscious disregard of substantial risk

Answer

Knowledge vs. purpose

Answer

Strict liability vs. negligence

Answer

Recklessness and negligence are identical under North Dakota law

Question 5

Under North Dakota's LLC Act, what is the default rule regarding management of a North Dakota LLC?

Accepted Answer

Member-managed

Answer

Manager-managed

Answer

Board-managed like a corporation

Answer

Managed by a state-appointed receiver

Question 6

In a North Dakota criminal trial, what is the jury size requirement for a felony offense?

Accepted Answer

12 jurors

Answer

6 jurors

Answer

8 jurors

Answer

10 jurors

Question 7

Under North Dakota consumer protection law, which act prohibits deceptive acts or practices in trade or commerce?

Accepted Answer

North Dakota Unlawful Sales or Advertising Practices Act

Answer

North Dakota Unfair Trade Practices Act

Answer

North Dakota Consumer Fraud Act

Answer

North Dakota Deceptive Business Practices Statute