CNMI Bar cheat sheet

The Commonwealth Constitution (1977) creates three branches: a Governor elected to a 4-year term, a bicameral Legislature (Senate and House of Representatives), and an independent judiciary headed by the Supreme Court of the CNMI.

Article I, Section 2 of the CNMI Constitution defines the Covenant with the United States as the supreme law of the Commonwealth; inconsistent local law is void to the extent of the conflict.

Covenant Section 501(a) grants the CNMI self-government except for specified federal reserved powers: defense, foreign affairs, immigration, and federal land acquisition.

Senate consists of 9 members serving 4-year terms; House of Representatives has 20 members serving 2-year terms, with apportionment based on population.

The Governor may veto bills; the Legislature overrides by a two-thirds vote of each house. The Governor has line-item veto authority over appropriation bills.

Judicial tenure: Supreme Court justices and Superior Court judges are appointed by the Governor and confirmed by the Senate, serving until age 70 subject to retention.

Article XII, Section 1 restricts acquisition of real property to persons of Northern Marianas descent; Article XII, Section 4 restricts long-term land leases over 55 years.

Congress may amend or annul the Constitution only with respect to the Covenant and federal reserved powers; the CNMI Constitution can otherwise be amended by constitutional convention or legislative proposal ratified by voters.

The CNMI Rules of Civil Procedure generally mirror the Federal Rules of Civil Procedure; Rule 1 governs scope and construction, and Rule 2 states one form of action.

Rule 4 service: individuals may be served personally or by leaving copies at their dwelling with a resident of suitable age; corporations are served through officers or registered agents. Service must occur within 60 days after filing under Rule 4(m).

Rule 12(b) defenses must be raised in the answer or by motion; failure to raise personal jurisdiction, improper venue, or insufficient process is waived. Rule 12(a) answer is due 21 days after service (60 days if service waived).

Rule 26(a)(1) initial disclosures are required within 14 days of the Rule 26(f) conference; expert disclosures follow under Rule 26(a)(2).

Rule 56 summary judgment: moving party must show no genuine dispute of material fact; the nonmovant must respond with specific facts; judgment as a matter of law is entered if the nonmovant fails to support an essential element.

Rule 23 class certification requires numerosity, commonality, typicality, adequacy, and either (a)(1) prejudice, (a)(2) injunctive relief, or (b)(3) predominance plus superiority.

Rule 50 judgment as a matter of law may be granted after the nonmovant has been fully heard; renewal under Rule 50(b) is required to preserve the right to challenge the verdict.

Rule 59 motion for new trial must be filed within 28 days after entry of judgment; Rule 60(b) relief from judgment must be filed within a reasonable time and, for certain grounds, within one year.

The CNMI Criminal Code is codified at 6 CMC §§ 101 et seq.; offenses are graded as felonies (punishable by more than one year) and misdemeanors (one year or less).

Felony murder: a killing committed during the perpetration of an enumerated felony is murder, even without intent to kill, but the death must be a foreseeable result of the felony.

Self-defense requires a reasonable belief of imminent unlawful force, proportional response, and the defendant was not the initial aggressor; deadly force is justified only against imminent death or serious bodily harm.

The exclusionary rule applies to CNMI law enforcement; evidence obtained by unreasonable search or seizure is inadmissible, subject to good-faith and inevitable-discovery exceptions.

Miranda warnings are required before custodial interrogation; the suspect must be informed of the right to remain silent, that statements may be used against them, the right to counsel, and appointed counsel if indigent.

A warrantless arrest requires probable cause; for misdemeanors, the offense generally must occur in the officer's presence unless a statute provides otherwise.

Double jeopardy bars retrial after acquittal or conviction; under Blockburger, a second prosecution is barred unless each offense requires proof of an element the other does not.

Bail is governed by 6 CMC § 6301 et seq.; the court considers flight risk and danger to the community, and the CNMI Constitution prohibits excessive bail.

The CNMI has adopted a version of the Uniform Commercial Code at 5 CMC; Article 2 governs the sale of goods, Article 3 negotiable instruments, and Article 9 secured transactions.

Under UCC Article 2, a contract for goods over $500 must be in writing and signed by the party to be charged (statute of frauds), subject to merchant confirmation and part-performance exceptions.

The perfect tender rule (UCC § 2-601) allows a buyer to reject goods that fail in any respect; the seller may cure under § 2-508 if the time for performance has not expired.

Common law contract formation requires offer, acceptance, consideration, and mutual assent; a material breach excuses the non-breaching party's performance and permits damages.

Expectation damages place the non-breaching party in the position they would have occupied had the contract been performed; consequential damages must be foreseeable under Hadley v. Baxendale.

The CNMI Consumer Protection Act (5 CMC § 5101 et seq.) prohibits unfair or deceptive trade practices; remedies include actual damages, treble damages for willful violations, and attorney's fees.

The statute of frauds under 5 CMC § 2104 requires writing for sale of goods over $500; real property contracts require writing under CNMI common law.

UCC Article 3 holder in due course status requires taking the instrument for value, in good faith, and without notice of defenses; it cuts off personal defenses but not real defenses like fraud in the factum.

Negligence requires duty, breach, actual cause, proximate cause, and damages; the standard of care is that of a reasonably prudent person under the circumstances.

Comparative negligence in the CNMI reduces recovery in proportion to the plaintiff's fault; a plaintiff more than 50% at fault is generally barred from recovery.

Joint and several liability may apply where multiple tortfeasors cause a single indivisible injury; contribution among joint tortfeasors is permitted.

The statute of limitations for personal injury in the CNMI is 2 years under 7 CMC § 2503; fraud and other actions have 3-year limits.

Res ipsa loquitur permits an inference of negligence where the instrumentality was in the defendant's exclusive control and the accident would not ordinarily occur without negligence.

Premises liability: a landowner owes a duty of reasonable care to invitees and licensees; trespassers are owed only a duty not to willfully or wantonly injure.

Products liability under CNMI law may proceed on strict liability, negligence, or breach of warranty theories; a manufacturer is liable for defective design, manufacture, or failure to warn.

Defamation requires a false statement of fact, publication, fault, and harm; public figures must prove actual malice under New York Times v. Sullivan.

Article XII, Section 1 of the CNMI Constitution restricts acquisition of permanent and long-term interests in real property to persons of Northern Marianas descent; the restriction is enforced by the Marianas Public Land Trust.

Article XII, Section 4: a lease of real property for a term exceeding 55 years is void; leases of 55 years or less are permitted, and a lease exceeding 55 years may be renegotiated.

Article XII, Section 2: the Marianas Public Land Trust holds public lands in trust for the benefit of the people of the CNMI; proceeds fund government operations and land-related programs.

Article XII, Section 3: homesteads and land grants are restricted to persons of Northern Marianas descent; transfer to non-descendants requires court approval and is void without it.

Land in the CNMI is either public land (held by the Commonwealth) or private land; the Commonwealth owns submerged lands and lands within 150 feet of the high-water mark under Article XII, Section 5.

Adverse possession in the CNMI requires open, notorious, exclusive, continuous possession for the statutory period, generally 20 years under 7 CMC § 2301, and may be limited against the Commonwealth.

Recording: the CNMI has a race-notice recording statute (7 CMC § 3411); a subsequent purchaser who records first without notice prevails over an earlier unrecorded interest.

A mortgage must be in writing and recorded to be valid against subsequent purchasers; foreclosure follows the CNMI Consumer Protection Act notice requirements.

Divorce in the CNMI is governed by 8 CMC § 1301 et seq.; the court may dissolve a marriage on grounds including irreconcilable differences, adultery, cruelty, and desertion for one year.

The CNMI recognizes no-fault divorce based on irreconcilable differences; the parties must have lived apart for at least 6 months or show the marriage is irretrievably broken.

Child custody is determined by the best interests of the child, considering factors such as stability, parental fitness, the child's wishes, and the child's adjustment to home and community.

Child support follows the CNMI Child Support Guidelines (8 CMC § 1701 et seq.), based on the parents' combined income and the number of children; deviation requires written findings.

The CNMI recognizes customary adoption under Article V of the Constitution; customary adoption must be registered with the Superior Court to have legal effect.

Marital property is divided equitably, not necessarily equally; separate property brought to the marriage or acquired by gift or inheritance remains separate.

A restraining order under the Family Violence Prevention Act (8 CMC § 1401 et seq.) may be issued ex parte and lasts up to 30 days pending a hearing.

Paternity may be established by voluntary acknowledgment, administrative order, or court adjudication; the CNMI Child Support Enforcement Agency administers enforcement.

The CNMI Rules of Evidence (NMI R. Evid.) generally track the Federal Rules of Evidence; Rule 402 makes relevant evidence admissible unless excluded by constitution, statute, or rule.

Rule 403 permits exclusion of relevant evidence if its probative value is substantially outweighed by danger of unfair prejudice, confusion, or waste of time.

Character evidence is generally inadmissible to prove conduct in conformity (Rule 404(a)); exceptions permit character in criminal cases when offered by the accused or to rebut prosecution evidence.

Hearsay is an out-of-court statement offered for the truth of the matter asserted (Rule 801); exceptions include excited utterance, present sense impression, business records, and public records.

The Confrontation Clause bars testimonial hearsay in criminal cases absent the declarant's unavailability and a prior opportunity to cross-examine (Crawford v. Washington).

Privileges include attorney-client, physician-patient, spousal, and clergy-penitent; the CNMI recognizes a journalist's privilege under 6 CMC § 7101 et seq.

Authentication under Rule 901 requires sufficient evidence that the item is what the proponent claims; ancient documents (over 20 years) and public records are self-authenticating under Rule 902.

Best evidence rule (Rule 1002) requires the original writing, recording, or photograph to prove its content; secondary evidence is admissible only if the original is unavailable.

The CNMI Rules of Professional Conduct are codified at NMI R. Prof. Conduct 1.0 et seq.; they govern attorneys admitted to the CNMI Bar and those appearing pro hac vice.

Rule 1.5 prohibits unreasonable fees; contingent fee agreements must be in writing and signed by the client, and contingent fees are prohibited in criminal cases and certain domestic relations matters.

Rule 1.6 requires confidentiality of client information; disclosure is permitted to prevent reasonably certain death or substantial bodily harm, or to prevent a client from committing a crime.

Rule 1.7 conflicts of interest: a lawyer may not represent a client if the representation is directly adverse to another client or materially limited by responsibilities to a third party, unless informed consent is obtained.

Rule 3.3 candor to the tribunal: a lawyer must not knowingly make a false statement of fact or law, and must disclose adverse legal authority not disclosed by opposing counsel.

Rule 4.2 prohibits communication with a represented party about the subject of the representation without consent of that party's counsel.

Rule 5.3 requires a lawyer to make reasonable efforts to ensure a nonlawyer assistant's conduct is compatible with the lawyer's professional obligations.

Bar admission in the CNMI requires passing the CNMI Bar Examination, which tests CNMI-specific law including customary law and local statutes, and demonstrating good moral character.

Customary law in the CNMI includes traditional practices recognized by Article V of the CNMI Constitution, which protects customs and traditions of the people of the Northern Marianas.

Customary adoption (''fafa'') and customary land tenure are recognized; the Superior Court may give effect to customary adoption upon registration and notice to affected parties.

Immigration to the CNMI is governed by federal law under the Covenant (Section 501(a)); the CNMI Transitional Worker program (CW-1) permits employers to hire foreign workers for jobs not filled by U.S. workers.

The CNMI-Only Transitional Worker program is administered by U.S. Citizenship and Immigration Services; the program has annual numerical caps and sunset provisions set by Congress.

The CNMI has its own minimum wage (currently $7.25 per hour, aligned with the federal minimum) and its own wage and hour statutes at 3 CMC § 101 et seq.

The CNMI Public School System and the Northern Marianas College are established by local statute; the Commonwealth Utilities Corporation is a public corporation under 1 CMC § 4101.

The CNMI Open Government Act (1 CMC § 9901 et seq.) requires public meetings and records to be open, with enumerated exemptions for personnel, litigation, and confidential information.

The CNMI Ethics Code (1 CMC § 8101 et seq.) governs conflicts of interest for public officials; violations may result in civil penalties and removal from office.