State v. Lynch
, 2001 ND 173,
635 N.W.2d 164
The introduction of the state toxicologist's list of approved designations medically qualified to draw blood is a foundational requirement for the introduction of blood test results.
State v. Knudson
, 2001 ND 49,
625 N.W.2d 264
The trial court's denial of a motion to suppress and its judgment of conviction for driving under suspension are summarily affirmed under N.D.R.App.P. 35.1(7).
K.L.G v. S.L.N.
, 2001 ND 33,
622 N.W.2d 232
Upon request of the noncustodial parent, a court shall grant visitation that will enable the child and the noncustodial parent to maintain a parent-child relationship beneficial to the child.
Visitation between a child and a noncustodial parent is not merely a privilege of the noncustodial parent, but a right of the child.
Visitation with the noncustodial parent is presumed to be in the child's best interests.
A visitation schedule which provides less frequent, but extended, visitation periods will preserve a noncustodial parent's ability to foster and develop a relationship with the child.
Des Lacs Valley Land Corp. v. Herzig
, 2001 ND 17,
621 N.W.2d 860
In the absence of fraud, mistake, or accident, an unambiguous written deed cannot be altered by parol evidence.
A trial court decision will not be set aside because the court applied an incorrect rationale, if the result is the same under the correct law and rationale.
Schumacher v. Schumacher
, 2000 ND 195,
622 N.W.2d 432
Spousal support and child support order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Soum
, 2000 ND 65,
617 N.W.2d 131
Judgment of conviction for driving while under suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
Aus v. Carter,
, 1999 ND 246,
603 N.W.2d 885
A motion for a new trial based on newly discovered evidence in a custody case is treated as a motion for a change of custody.
In deciding whether to grant a motion for a new trial based on newly discovered evidence in a case involving a custodial parent's request to move, the court must consider the factors under Stout and its progeny.
City of Minot v. Johnson
, 1999 ND 241,
603 N.W.2d 485
An investigatory stop by a police officer must be supported by a reasonable and articulable suspicion a crime was or is about to be committed.
Observation of an illegal activity constitutes probable cause to arrest, a higher standard than a reasonable suspicion.
An area's reputation for criminal activity is an articulable fact on which an officer may rely, but standing alone is not a reasonable and articulable suspicion a crime was or is about to be committed.
Dimond v. State Board of Higher Education
, 1999 ND 228,
603 N.W.2d 66
Certification of an interlocutory appeal under N.D.R.Civ.P. 54(b) is justified only when the appeal falls within N.D.C.C. 28-27-02 and the trial court delineates unusual or compelling factors supporting a finding there is "no just reason for delay."
A trial court lacks jurisdiction over a contract or tort claim against the state when the plaintiff fails to present notice of a claim to the proper state entity under N.D.C.C. 32-12-03 and 32-12.2- 04.
Barnes v. St. Joseph's Hospital
, 1999 ND 204,
601 N.W.2d 587
The duty of good faith and fair dealing does not obligate a party to accept a material change in the contract's terms or to assume obligations that vary or contradict its express provisions.
Each party to a contract impliedly agrees not to prevent the other party from performing and not to render performance impossible.
Wells v. First American Bank West
, 1999 ND 170,
598 N.W.2d 834
A breach of contract action does not accrue until the aggrieved party discovers the facts constituting the basis for the cause of action or claim for relief.
Schumacher v. Schumacher
, 1999 ND 149,
598 N.W.2d 131
Where allegations of domestic violence by one party do not rise to the level triggering the domestic violence presumption, specific factual findings regarding the effect the allegations have on the presumption are not required.
Where no objection was made to questions regarding rehabilitative spousal support and party continued with cross-examination on the issue, the issue was tried by the implied consent of the parties.
Where an obligor fails to present the information necessary to calculate income, the obligor is precluded from asserting the income calculation based on what little evidence was presented is clearly erroneous.
Henderson v. Henderson
, 1999 ND 156,
598 N.W.2d 490
Under the Uniform Interstate Family Support Act, a child support obligor may contest the validity or enforcement of a child support order if the order has been vacated, suspended, or modified by a later order, or if full payment has been made.
Interest of T.J.K.
, 1999 ND 152,
598 N.W.2d 781
Although the Supreme Court examines the evidence in a juvenile case in a manner comparable to the former procedure of trial de novo, a juvenile case will be remanded for more explicit findings of fact when there is a discrepancy in trial testimony
and more than one plausible explanation for the judicial referee's decision.
Wintz, f/k/a Crabtree v. Crabtree
, 1999 ND 85,
593 N.W.2d 355
North Dakota district court properly declined to exercise jurisdiction to modify custody, under N.D.C.C. 14-14-07(3), where North Dakota is an inconvenient forum and a court in another state is a more appropriate forum.
Narum v. Faxx Foods, Inc.
, 1999 ND 45,
590 N.W.2d 454
The statutory civil remedy for securities law violations does not allow purchasers who receive rescission offers which are later withdrawn an unlimited amount of time to sue the sellers to recover their investments.
Reliance solely on knowledge of a pending lawsuit against third parties is not reasonable for purposes of equitable estoppel to preclude application of a statute of limitations if the relying party is not told to delay bringing suit until that
litigation is resolved.
Kerzman v. ND Workers Comp. Bureau
, 1999 ND 44,
590 N.W.2d 888
A contractual stipulation must be construed as a whole to give meaning to each provision.
A workers compensation claimant may agree to forego future disability benefits in exchange for a lump sum settlement.
Under N.D.C.C. 28-32-12.2(1), a hearing officer means the entity presiding at an administrative hearing.
Estate of Hartleib
, 1999 ND 4,
590 N.W.2d 230
An order approving the final account, the final settlement of the estate, and the discharge of the personal representative is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Roise v. Kurtz
, 1998 ND 228,
587 N.W.2d 573
An objection not made in the trial court cannot be raised for the first time on appeal.
Smith v. Land O'Lakes, Inc.
, 1998 ND 219,
587 N.W.2d 173
To defeat summary judgment, a party must draw the court's attention to relevant evidence in the record raising an issue of material fact.
Haugstad HB Rentals v. Baltrusch
, 1998 ND App 7,
583 N.W.2d 830
The construction of the language of a written contract to
determine the legal effect is a question of law for the court to
decide.
Felco, Inc. v. Doug's North Hill Bottle Shop
, 1998 ND 111,
579 N.W.2d 576
The interpretation of a lease is a question of law.
Part performance must be consistent only with existence of
alleged oral agreement to take alleged oral agreement out of the
statute of frauds.
If a written agreement is not completely integrated, the parol
evidence rule does not bar evidence of a separate oral agreement
which is not inconsistent with the written agreement.
A written agreement may be altered by an executed oral agreement.
Interest in a contract action is a question of law.
Estate of Neshem
, 1998 ND 57,
574 N.W.2d 883
Where a testatrix's will devises property to her issue and
designates her stepson as "our son," the will, when construed as
a whole to give meaning to that designation and to the definition
of "issue," expresses the testatrix's intent to treat her
stepson's children as her issue and as devisees under her will.
Hanneman v. Continental Western Ins. Co.
, 1998 ND 46,
575 N.W.2d 445
The term "borrow" in an insurance contract means receiving
something from another for one's own use.
Insured was not covered by insurance policy because insured was
not a borrower of car.
Insurer had no duty to defend insured because insured was
released from personal liability. Nor was insurer required to
pay insured's attorneys fees and expenses because coverage was
found not to apply.
Freed v. Unruh
, 1998 ND 34,
575 N.W.2d 433
An unpleaded affirmative defense of release, tried by the implied
consent of the parties and ruled upon by the trial court in a
small claims proceeding, barred the plaintiff's action.
Perry v. Reinke
, 1997 ND 213,
570 N.W.2d 224
The district court did not err in denying a motion for judgment
as a matter of law because reasonable minds could conclude will
was not what testator, in her own mind, would have
intended. The district court did not abuse its discretion when
it denied motion for new trial based on the weight of the
evidence and on newly discovered evidence.
McDaniel v. ND Workers Comp. Bureau
, 1997 ND 154,
567 N.W.2d 833
Workers Compensation Bureau must prove firefighting was not a
substantial contributing factor to a firefighter's occupational
cancer before it can overcome the statutory presumption that the
cancer was work related.
When denying a claim, the Bureau must adequately explain why it
disregards expert medical evidence favorable to the injured
worker.
Lang v. ND Workers Comp. Bureau
, 1997 ND 133,
566 N.W.2d 801
Bureau's order denying re-application for disability benefits
based on a significant change in claimant's medical condition
reversed.
Case remanded to Bureau to determine whether claimant's work
related injuries caused aggravation of osteoarthritis sufficient
to reinstate benefits.
Hassan v. Brooks
, 1997 ND 150,
566 N.W.2d 822
Ordinary due care is the correct standard to determine liability,
if any, for a collision between plaintiff's motor vehicle and
defendant's cattle, which were not in a designated grazing area.
Section 36-11-07(3), N.D.C.C., does not impose strict liability
on the livestock owner in this case.
Interest of L.D.C.
, 1997 ND 104,
564 N.W.2d 298
A trial court may not award child support less than the child
support guidelines when the court made no findings to justify a
deviation.
Glaspie v. Little
, 1997 ND 108,
564 N.W.2d 651
Section 54-23.3-04(16), N.D.C.C., which authorizes the Director
of the Department of Corrections and Rehabilitation to collect a
supervision fee from persons on probation, creates a civil fee,
not a new condition of probation.
Collection of supervision fees from persons on probation prior to
the effective date of Section 54-23.3-04(16) for supervision
occurring after that date is not a retroactive application of the
statute in violation of Section 1-02-10, N.D.C.C.
Pavek v. Moore
, 1997 ND 77,
562 N.W.2d 574
Suspension of plaintiff's commercial driving privileges was
improper because the Department of Transportation Hearing Officer
could not establish the time of driving and did not determine if
an Intoxilyzer test was given within two hours of driving.
Chapman v. Wells
,
557 N.W.2d 725 (N.D. 1996)
An attorney's lien under N.D.C.C. 35-20-08 did not
attach to the debtor's IRA because an IRA of less than
$100,000 is exempt from attachment under N.D.C.C.
28-22-03.1. The attorney was an unsecured
creditor, and the debt was discharged in bankruptcy.
Carlson v. Job Service
,
548 N.W.2d 389 (N.D. 1996)
Johnson v. Johnson
,
544 N.W.2d 519 (N.D. 1996)
Krehlik v. Moore
,
542 N.W.2d 443 (N.D. 1996)
Lock v. Moore
,
541 N.W.2d 84 (N.D. 1995)
State v. DuPaul
,
527 N.W.2d 238 (N.D. 1995)
Estate of Leier
,
524 N.W.2d 106 (N.D. 1994)