Evidence
What this domain tests
Evidence tests the CNMI Rules of Evidence: relevance, character, impeachment, hearsay, privileges, authentication, expert testimony, and burdens. The rules are modeled on the Federal Rules but are applied by CNMI courts.
Core rules
- Relevant evidence tends to make a fact more or less probable. It may be excluded if its probative value is substantially outweighed by unfair prejudice, confusion, or waste of time.
- Character evidence is generally inadmissible to prove conduct, with exceptions for habit and certain impeachment.
- Hearsay is an out-of-court statement offered for its truth. It is inadmissible unless an exception or exclusion applies.
- Common exceptions include present sense impression, excited utterance, statements for medical diagnosis, business records, and public records.
- Authentication requires evidence sufficient to support a finding that the item is what the proponent claims.
- Experts may testify if qualified and their specialized knowledge will help the trier of fact.
Worked example
A witness testifies that a bystander shouted, 'He ran the red light!' seconds after a crash. The statement is hearsay if offered to prove the light was red. The excited utterance exception applies because the statement was made under the stress of the event. If the declarant is unavailable and the statement is testimonial, confrontation may bar it in a criminal case.
Traps
Calling every out-of-court statement hearsay; some are offered for effect or impeachment. Forgetting hearsay within hearsay. Treating a business record as self-authenticating in every case. Ignoring the Confrontation Clause.
Exam approach
Purpose, declarant, truth, exception, authentication, constitutional limit.