University of North Dakota in North Dakota Law Schools
University of North Dakota School of Law
History & Background
Founded: 1899, making it one of the older law schools in the region.
Location: Grand Forks, North Dakota.
Identity: UND School of Law is a public law school emphasizing practical skills, public service, and access to justice.
Accreditation: Fully accredited by the American Bar Association (ABA) and a member of the Association of American Law Schools (AALS).
Academics & Curriculum
First-Year Courses: Students study Contracts, Torts, Civil Procedure, Criminal Law, Property, Constitutional Law, and Legal Writing & Research.
Experiential Learning:
Clinical Programs: Examples include Civil Litigation Clinic, Native American Law Clinic, and Public Interest Law Clinic.
Externships: Placements with state courts, law firms, government agencies, and tribal courts.
Special Programs:
Strong focus on Energy Law, Indigenous Law, and Rural Legal Practice, reflecting the needs of North Dakota.
Emphasis on practical advocacy, trial practice, and alternative dispute resolution.
Key North Dakota Case Law Often Studied at UND
1. State v. Engelstad (1995)
Facts: Defendant challenged search and seizure procedures in a criminal case.
Issue: Whether law enforcement followed Fourth Amendment and North Dakota Constitution requirements.
Ruling: North Dakota Supreme Court held that warrantless searches are only valid under recognized exceptions, such as exigent circumstances or consent.
Importance: Central for Criminal Procedure classes; establishes how North Dakota applies federal and state constitutional protections.
2. In re Estate of Johnson (2003)
Facts: Dispute over the distribution of property under a will and intestacy statutes.
Issue: Interpretation of North Dakota probate law regarding contested wills and the rights of heirs.
Ruling: Courts clarified rules for will contests, undue influence, and intestate succession, emphasizing statutory requirements.
Importance: Key for Wills & Estates and Trusts courses; frequently used in classroom hypotheticals.
3. State v. Gagnon (2010)
Facts: Defendant challenged the sufficiency of evidence and jury instructions in a criminal case.
Ruling: North Dakota courts reaffirmed that jury instructions must fairly present the law and evidence, and appellate review ensures no abuse of discretion.
Importance: Studied in Criminal Law and Evidence; highlights procedural safeguards and jury standards.
4. In re Application of State Water Commission (2008)
Facts: Dispute over water rights between private landowners and the state.
Issue: Allocation of water rights under North Dakota law and the balancing of private and public interests.
Ruling: North Dakota courts upheld that state regulatory authority governs water allocation, but must respect existing property rights.
Importance: Core for Property Law and Environmental Law, reflecting North Dakota’s agricultural and resource-based legal issues.
5. City of Fargo v. Hansen (2012)
Facts: Zoning dispute involving city ordinances and property owner challenges.
Issue: Whether local zoning regulations exceeded municipal authority under state law.
Ruling: North Dakota courts clarified the scope of municipal power and statutory interpretation regarding land use.
Importance: Important for Property Law, Administrative Law, and Municipal Law, especially for students interested in local governance practice.
Why These Cases Matter at UND School of Law
They illustrate how North Dakota law interacts with federal law, especially in criminal procedure and constitutional protections.
They provide practical skills training for litigation, trial advocacy, and appellate work.
Cases cover a wide range of areas relevant to North Dakota, including property, water law, indigenous law, and probate, reflecting the school’s focus on state-specific legal needs.
I can also create a sample case brief for State v. Engelstad in the FIRAC (Facts–Issue–Rule–Application–Conclusion) format that UND students use to prepare for exams and clinics. This would show exactly how law students in North Dakota analyze cases.
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