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

While tenants may withhold rent, repair-and-deduct, or terminate, punitive damages are not automatically available for a habitability breach under N.D.C.C. § 47-16-13.2.

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

N.D.C.C. § 9-08-06 voids non-compete agreements except when tied to the sale of a business or dissolution of a partnership.

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

Under the North Dakota Uniform Unclaimed Property Act (N.D.C.C. § 47-30.2), unclaimed intangible property such as bank accounts escheats after 5 years.

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

A North Dakota landowner owes adult trespassers only the duty to refrain from willful, wanton, or intentional injury.

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

Under N.D.R.Civ.P. 12(a), a defendant must serve an answer within 21 days of being served with the summons and complaint.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Specific Law 4