ND Bar Specific Law 4

Question 1

Under North Dakota's implied warranty of habitability, which remedy is generally NOT available to residential tenants?

Accepted Answer

Punitive damages for breach alone

Answer

Rent withholding

Answer

Repair and deduct

Answer

Lease termination

Question 2

North Dakota's non-compete agreements are governed primarily by which statutory provision?

Accepted Answer

N.D.C.C. § 9-08-06, which voids non-competes except in narrow exceptions

Answer

Common law reasonableness test with no specific statute

Answer

N.D.C.C. § 47-25-01, which allows non-competes statewide

Answer

Federal NLRA preemption applies exclusively

Question 3

Under North Dakota law, which type of property is presumed abandoned after 5 years of inactivity and escheats to the state?

Accepted Answer

Unclaimed intangible personal property held by financial institutions

Answer

Real property only

Answer

Mineral rights only

Answer

Intellectual property licenses

Question 4

Under North Dakota tort law, what standard of care is owed by a landowner to a trespassing adult under the traditional common-law approach still recognized in North Dakota?

Accepted Answer

Duty to refrain from willful or wanton injury only

Answer

Reasonable care under all circumstances

Answer

Duty to warn of all known dangers

Answer

Strict liability for all injuries on the premises

Question 5

Under the North Dakota Rules of Civil Procedure, how many days does a defendant have to answer a complaint after personal service within the state?

Accepted Answer

30 days

Answer

14 days

Answer

21 days

Answer

45 days

Question 6

In North Dakota, a contract for the sale of real property must be in writing to be enforceable under the Statute of Frauds. Which exception may remove this requirement?

Accepted Answer

Part performance by the buyer

Answer

Oral agreement witnessed by two parties

Answer

Notarized oral agreement

Answer

Agreements under $1,000 in value

Question 7

Under North Dakota's Uniform Parentage Act, what creates a presumption of parentage for a man not married to the mother?

Accepted Answer

Acknowledging paternity in a signed writing filed with the state

Answer

Living in the same city as the mother

Answer

Being named on a hospital discharge form

Answer

Paying hospital bills at birth