Torts and Personal Injury
What this domain tests
Torts and personal injury tests negligence, intentional torts, strict liability, causation, damages, comparative fault, and government liability. CNMI courts apply common-law tort principles with local statutes and immunity rules.
Core rules
- Negligence requires duty, breach, actual and proximate cause, and damages. The standard is ordinary care under the circumstances.
- Premises owners owe a duty of reasonable care to invitees and licensees; warning or repair may satisfy that duty.
- Comparative fault reduces recovery; check whether the local rule is pure or modified before calculating.
- Intentional torts include battery, assault, false imprisonment, trespass, conversion, and intentional infliction of emotional distress.
- Government entities may be liable only where a statute waives immunity. Notice requirements and damages caps are common conditions.
- Damages include economic loss, pain and suffering, and in limited cases punitive damages.
Worked example
A shopper slips on a wet floor near a check-out lane. The store had a 'wet floor' sign but placed it behind a display. The shopper proves the store created the hazard and had time to correct it. The store's comparative fault evidence shows the shopper was looking at her phone. The court reduces the award by her percentage of fault; it does not automatically bar recovery unless the jurisdiction's rule so provides.
Traps
Assuming a landowner is an insurer of safety. Confusing actual cause with proximate cause. Missing the administrative notice deadline for a claim against the government. Treating punitive damages as routine.
Exam approach
Duty, breach, cause, defense, damages, immunity.