CNMI Bar flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Covenant Section 501(a)

Provision of the Covenant with the United States that grants the CNMI self-government except for federal reserved powers including defense, foreign affairs, immigration, and federal land acquisition.

Article XII land restriction

CNMI Constitution provision limiting acquisition of permanent and long-term interests in real property to persons of Northern Marianas descent, with leases over 55 years void.

Senate composition

The CNMI Senate consists of nine members elected to four-year terms, one from each of three senatorial districts, providing equal representation regardless of population.

Rule 12(b) waiver

Under CNMI civil procedure, defenses of lack of personal jurisdiction, improper venue, and insufficient process are waived if not raised in the answer or by pre-answer motion.

Rule 26(f) conference

Requirement that parties meet and confer to develop a discovery plan; initial disclosures under Rule 26(a)(1) are due within fourteen days after this conference.

Summary judgment standard

Under Rule 56, judgment is entered when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law.

Class certification elements

Rule 23 requires numerosity, commonality, typicality, adequacy of representation, and one of the three subdivisions: prejudice, injunctive relief, or predominance and superiority.

Felony murder rule

A killing committed during the perpetration of an enumerated felony is murder even without intent to kill, provided the death is a foreseeable result of the felony.

Miranda custody requirement

Warnings are required before custodial interrogation; a suspect must be informed of the right to remain silent, that statements may be used, and the right to counsel.

Blockburger test

Double jeopardy principle barring successive prosecution unless each offense requires proof of an element the other does not, permitting separate punishment for distinct offenses.

Perfect tender rule

UCC Article 2 principle allowing a buyer to reject goods that fail in any respect to conform to the contract, subject to the seller's right to cure.

Holder in due course

Under UCC Article 3, a holder who takes an instrument for value, in good faith, and without notice of defenses, cutting off personal defenses but not real defenses.

Expectation damages

Contract remedy placing the non-breaching party in the position they would have occupied had the contract been performed, including foreseeable consequential losses.

Comparative negligence

CNMI tort doctrine reducing a plaintiff's recovery in proportion to their own fault; a plaintiff more than fifty percent at fault is generally barred from recovery.

Res ipsa loquitur

Doctrine permitting an inference of negligence where the instrumentality causing injury was in the defendant's exclusive control and the accident would not ordinarily occur without negligence.

Premises liability duty

A landowner owes reasonable care to invitees and licensees, but owes trespassers only the duty not to willfully or wantonly injure them.

Personal injury limitations

Under 7 CMC section 2503, a personal injury action in the CNMI must be filed within two years of the injury, with limited tolling for minors.

Article XII Section 4

CNMI constitutional provision making void any lease of real property exceeding fifty-five years, while permitting leases of fifty-five years or less.

Race-notice recording

Under 7 CMC section 3411, a subsequent purchaser who records first without notice of an earlier unrecorded interest prevails over that earlier interest.

Adverse possession period

Under CNMI law, adverse possession generally requires open, notorious, exclusive, continuous possession for twenty years, subject to limitations against the Commonwealth.

Homestead restriction

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

No-fault divorce ground

CNMI divorce may be granted on irreconcilable differences, typically requiring the parties to have lived apart for at least six months or a showing the marriage is broken.

Best interests standard

Custody determination considering stability, parental fitness, the child's wishes, and adjustment to home, school, and community, rather than parental preference.

Customary adoption

Traditional CNMI adoption practice recognized under Article V; it must be registered with the Superior Court with notice to affected parties to have legal effect.

Child support guidelines

CNMI guidelines under 8 CMC section 1701 base support on combined parental income and number of children; deviation requires written findings by the court.

Rule 403 balancing

Evidence rule permitting exclusion of relevant evidence when its probative value is substantially outweighed by unfair prejudice, confusion of issues, or waste of time.

Hearsay definition

An out-of-court statement offered to prove the truth of the matter asserted; admissible only under an exception or when offered for a non-truth purpose.

Crawford confrontation rule

Confrontation Clause principle barring testimonial hearsay in criminal cases unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

Rule 1.5 contingent fee

Professional conduct rule requiring contingent fee agreements to be in writing and signed, and prohibiting contingent fees in criminal cases and certain domestic relations matters.

Rule 1.7 conflict

A lawyer may not represent a client if directly adverse to another client or materially limited by third-party responsibilities unless informed consent is obtained.

Rule 4.2 no-contact

Professional conduct rule prohibiting a lawyer from communicating about the subject of representation with a represented party without consent of that party's counsel.

CW-1 transitional worker

CNMI-only visa program permitting employers to hire foreign workers for jobs not filled by U.S. workers, subject to annual numerical caps and sunset provisions.

Open Government Act

CNMI statute at 1 CMC section 9901 requiring public meetings and records to be open, with exemptions for personnel, litigation, and confidential information.