ND Bar cheat sheet

MBE format: 200 multiple-choice questions in two three-hour sessions; 175 questions are scored and 25 are unscored pretest items.

Diversity jurisdiction requires complete diversity between opposing parties and an amount in controversy exceeding $75,000, exclusive of interest and costs.

Federal question jurisdiction arises from a claim arising under federal law; a defense that raises federal law does not by itself create federal jurisdiction.

Hearsay is an out-of-court statement offered for its truth; prior inconsistent statements under oath, excited utterances, present sense impressions, and business records are common exclusions or exceptions.

Strict scrutiny applies to suspect classifications and fundamental rights; intermediate scrutiny applies to sex and illegitimacy; rational basis applies to economic and social legislation.

Under UCC 2-207, a definite acceptance with additional terms forms a contract; between merchants, additional terms enter unless they are material, objected to, or already offered.

Negligence requires duty, breach, actual cause, proximate cause, and damages; res ipsa permits an inference when the instrumentality was exclusively controlled and the accident ordinarily does not occur absent negligence.

Recording statutes: race requires the first to record; notice requires no notice at conveyance; race-notice requires no notice and the first to record.

Fourth Amendment warrant exceptions include search incident to arrest, automobile, consent, plain view, exigency, and inventory; Miranda applies to custodial interrogation.

MEE format: six 30-minute essay questions in one three-hour session; questions may test one subject or combine multiple subjects.

Agency: actual authority arises from the principal's manifestations to the agent; apparent authority arises from the principal's manifestations to a third party; ratification requires knowledge and acceptance of benefits.

Duty of loyalty prohibits self-dealing and usurping corporate opportunities; duty of care requires good-faith informed decisions; the business judgment rule presumes informed, disinterested action.

Trust creation requires settlor capacity and intent, definite beneficiaries, trust property, valid purpose, and delivery; a spendthrift clause restrains voluntary and involuntary alienation by the beneficiary.

Choice of law: domicile requires physical presence plus intent to remain; the forum applies its own procedural rules and may apply another state's substantive law under its choice-of-law approach.

UCC Article 9 attachment requires value, debtor rights in the collateral, and an authenticated security agreement; perfection may occur by filing, possession, control, or automatic methods.

Premarital agreements must be in writing and signed; enforceability may turn on voluntariness, disclosure, and unconscionability under state law.

Testimonial hearsay by an unavailable declarant is inadmissible against a criminal defendant unless the defendant had a prior opportunity to cross-examine or forfeiture applies.

Partnership liability: a general partner is personally liable for partnership obligations; a limited partner is liable only to the extent of capital contribution absent control, personal guarantee, or other exceptions.

MPT format: two 90-minute tasks in a three-hour session; each task includes a file of facts and a library of legal authorities.

The MPT is a closed-universe exercise; the file and library supply the facts and law, and outside statutes, cases, or treatises are not required or permitted.

Objective memorandum format: heading, question presented, brief answer, statement of facts, discussion, and conclusion.

Persuasive brief format: caption, statement of facts, argument with point headings, and conclusion; apply law to facts favorably to the client.

Client letter format: date, addressee, matter, summary, analysis, and recommendations; explain legal conclusions in plain language.

Task instructions control scope, format, length, and audience; a task may require a contract clause, will, statute, or dispute-resolution document.

Library authorities may include statutes, regulations, cases, and secondary sources; distinguish mandatory from persuasive authority.

Legal analysis requires identifying the rule from the library, applying each element to file facts, and addressing counterarguments where the task calls for persuasion.

Each MPT task is allotted 90 minutes; the two tasks together total three hours.