ND Bar Torts and Evidence — Questions and Answers
Question 1: What are the elements of negligence under North Dakota law?
- Duty, breach, causation, and damages (Correct answer)
- Intent and harm
- Strict liability only
- Recklessness and injury
Correct answer: Duty, breach, causation, and damages
A negligence claim requires proving that the defendant owed a duty, breached it, the breach caused injury, and the plaintiff suffered actual damages.
Question 2: What is strict liability in North Dakota tort law?
- Liability without fault for abnormally dangerous activities or defective products (Correct answer)
- Liability only when intent is proven
- A defense to negligence
- Limited to government actions
Correct answer: Liability without fault for abnormally dangerous activities or defective products
Strict liability imposes responsibility regardless of fault, typically applied to abnormally dangerous activities and defective products.
Question 3: Under North Dakota law, what is defamation?
- A false statement of fact published to a third party that damages reputation (Correct answer)
- Any negative opinion
- A true but embarrassing statement
- A private communication
Correct answer: A false statement of fact published to a third party that damages reputation
Defamation requires a false factual statement communicated to third parties that causes damage to the plaintiffs reputation.
Question 4: What is the hearsay rule in North Dakota evidence law?
- Out-of-court statements offered for the truth of the matter asserted are generally inadmissible (Correct answer)
- All out-of-court statements are admissible
- Hearsay is only excluded in criminal cases
- The rule has been abolished
Correct answer: Out-of-court statements offered for the truth of the matter asserted are generally inadmissible
Hearsay is generally inadmissible because the declarant is not available for cross-examination, though numerous exceptions exist.
Question 5: What is the attorney-client privilege in North Dakota?
- Confidential communications between attorney and client for legal advice are protected from disclosure (Correct answer)
- All conversations with attorneys are privileged
- The privilege only applies in criminal cases
- The court can override the privilege at will
Correct answer: Confidential communications between attorney and client for legal advice are protected from disclosure
The privilege protects confidential communications made for the purpose of seeking or providing legal advice from compelled disclosure.
Question 6: What is the North Dakota product liability standard?
- Manufacturers and sellers can be strictly liable for injuries caused by defective products (Correct answer)
- Only manufacturers are liable
- Proof of negligence is always required
- Product liability does not exist in this state
Correct answer: Manufacturers and sellers can be strictly liable for injuries caused by defective products
Product liability allows injured consumers to hold manufacturers and sellers strictly liable when a defective product causes harm.
ND Bar Torts and Evidence
What are the elements of negligence under North Dakota law?