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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Spouse takes entire estate

Answer

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?

Accepted Answer

Conscious disregard vs. unconscious disregard of substantial risk

Answer

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?

Accepted Answer

Member-managed

Answer

Under N.D.C.C. § 10-32.1-44, absent an operating agreement provision, a North Dakota LLC is member-managed by default.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Specific Law 3