MI Bar cheat sheet

The Michigan bar exam is a two-day Uniform Bar Exam (UBE) administration; Michigan adopted the UBE in 2023 and scores are transferable to other UBE jurisdictions.

Day 1 consists of two Multistate Performance Test (MPT) tasks in the morning and six Multistate Essay Exam (MEE) questions in the afternoon.

Day 2 consists of 200 Multistate Bar Examination (MBE) questions split into two three-hour sessions of 100 questions each.

MBE subjects: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.

MEE subjects add Business Associations, Conflict of Laws, Family Law, Trusts and Estates, and Article 9 Secured Transactions to the MBE list.

Michigan-specific law is tested on the MEE only where Michigan differs from majority rules; Michigan has adopted the Michigan Rules of Evidence, which track the Federal Rules.

A scaled score of 268 (out of 400) is required to pass in Michigan; the score is the sum of the written and MBE components, each weighted 50 percent.

Applicants must also complete the Multistate Professional Responsibility Examination (MPRE) with a scaled score of 85 or higher and pass the character and fitness review.

Michigan circuit courts have general jurisdiction over civil claims exceeding $25,000; district courts handle claims up to $25,000.

Michigan's long-arm statute (MCL 600.705) reaches to the limits of due process for individuals; MCL 600.715 governs corporations.

Service of process in Michigan must be made under MCR 2.105; substituted service requires court order after diligent attempt.

Michigan uses notice pleading under MCR 2.111(B), requiring a short and plain statement of the claim and demand for relief.

Summary disposition under MCR 2.116(C)(10) requires no genuine issue of material fact and entitlement to judgment as a matter of law.

Michigan's mediation rule (MCR 2.403) requires case evaluation in most civil cases; a party rejecting an award and failing to improve its position by more than 10 percent faces sanctions.

The statute of limitations for general personal injury in Michigan is three years (MCL 600.5805); for written contracts it is six years (MCL 600.5807).

Michigan Rule of Evidence 404(b) requires notice of intent to offer prior bad acts evidence before trial, and the proponent must articulate a proper non-character purpose.

Michigan recognizes a physician-patient privilege (MRE 506) and a social worker-client privilege, which are not present in the Federal Rules of Evidence.

MRE 803(4) hearsay exception for statements made for medical diagnosis or treatment is construed narrowly in Michigan; statements identifying the cause of injury are admissible only if pertinent to treatment.

Michigan's rape shield rule (MRE 412) bars evidence of a complainant's sexual history except for specific statutory exceptions, such as evidence of prior sexual conduct with the defendant.

MRE 702 governs expert testimony; Michigan courts have declined to adopt the federal Daubert reliability framework, instead applying the Davis-Frye general acceptance test for novel scientific evidence.

MRE 609 permits impeachment by prior conviction involving dishonesty or false statement and for felonies, subject to the court's balancing under MRE 403.

Michigan's dead man's statute (MCL 600.2166) bars a party with an interest in the outcome from testifying about communications with a deceased person in certain civil actions.

Michigan has no death penalty; the maximum sentence for first-degree murder is life without parole (MCL 750.316).

Felony murder in Michigan requires the killing occur during the perpetration of an enumerated felony, including robbery, rape, arson, breaking and entering, larceny, and kidnapping.

Michigan's self-defense statute (MCL 780.972) provides no duty to retreat in any place the person has a legal right to be, including outside the home.

The Michigan Sentencing Guidelines apply to felonies and are advisory, but a judge must articulate reasons for departing from the recommended range.

A warrantless arrest for a misdemeanor in Michigan is permitted only if the offense is committed in the officer's presence, except for certain domestic violence offenses.

Michigan's implied consent law (MCL 257.625) deems a driver to consent to a chemical test; refusal results in a one-year license suspension for a first refusal.

Michigan's felony-murder rule does not extend to the death of a co-felon during the commission of the felony.

Michigan is a title theory state for mortgages; the mortgagee holds legal title until the debt is satisfied, though the mortgagor retains equitable title and the right of redemption.

Michigan's statutory redemption period after foreclosure by advertisement is six months (MCL 600.3240) for most residential property; a shorter period applies for abandoned property.

Michigan requires a written land contract for the sale of land; the seller retains legal title until the contract is fully performed.

Michigan's marketable record title act (MCL 565.101) extinguishes claims arising before the 40-year root of title unless preserved by a notice of claim.

Adverse possession in Michigan requires actual, open, notorious, exclusive, continuous possession for 15 years (MCL 600.5801).

Michigan follows the American rule for lateral support, requiring proof of negligence for subsidence caused by excavation on adjacent land.

A Michigan deed must be in writing, signed by the grantor, and describe the property sufficiently; recording under MCL 565.201 protects against subsequent bona fide purchasers.

Michigan's no-fault auto insurance act (MCL 500.3135) abolishes tort liability for noneconomic damages unless the injury meets a threshold of death, serious impairment of body function, or permanent serious disfigurement.

Michigan's modified comparative fault statute (MCL 600.2959) reduces recovery by the plaintiff's percentage of fault; a plaintiff 50 percent or more at fault recovers nothing.

Michigan's product liability statute (MCL 600.2946) creates a rebuttable presumption that a product is not defective if it complied with government standards at the time of manufacture.

Michigan's medical malpractice statute (MCL 600.2912) requires a notice of intent to sue with an affidavit of merit from a qualified expert before filing.

Michigan's governmental immunity statute (MCL 691.1407) provides immunity for governmental functions, with narrow exceptions for highway defects, public buildings, and motor vehicles.

Michigan applies the open and obvious doctrine to premises liability; a landowner has no duty to warn of dangers that are open and obvious unless the special aspects exception applies.

Michigan's wrongful death act (MCL 600.2922) allows recovery for loss of society and companionship, funeral expenses, and medical expenses.

Michigan's Rules of Professional Conduct (MRPC) are modeled on the ABA Model Rules; MRPC 1.5 governs fees and requires they be reasonable and communicated in writing when the client requests.

MRPC 1.15 requires lawyers to hold client funds in a trust account (IOLTA) and to keep records for at least seven years.

Michigan requires 30 hours of continuing legal education every three years, including at least two hours in professional responsibility and one hour in diversity, equity, and inclusion.

MRPC 1.7 governs concurrent conflicts; a lawyer may not represent a client if the representation is directly adverse to another client unless both clients give informed consent in writing.

MRPC 8.3 requires a lawyer to report another lawyer's violation that raises a substantial question as to honesty, trustworthiness, or fitness.

Michigan's pro hac vice admission (MCR 8.126) allows out-of-state lawyers to appear in a particular case upon motion and payment of a fee.

MRPC 1.8(a) requires that business transactions with clients be fair, fully disclosed in writing, and that the client be advised in writing to seek independent counsel.

Michigan's Business Corporation Act (MCL 450.1101) governs corporations; the Michigan Limited Liability Company Act (MCL 450.4101) governs LLCs.

Michigan LLCs are member-managed by default unless the articles of organization vest management in managers.

Michigan requires a corporation to file annual reports with the Department of Licensing and Regulatory Affairs (LARA) and to maintain a registered agent.

Michigan's Business Corporation Act permits shareholder inspection of corporate records upon written demand for a proper purpose (MCL 450.1487).

Michigan follows the internal affairs doctrine, applying the law of the state of incorporation to disputes over internal corporate governance.

Michigan's Uniform Partnership Act (MCL 449.1) governs general partnerships; a partnership is formed by the association of two or more persons to carry on a business for profit.

Michigan's Uniform Voidable Transactions Act (MCL 566.31) allows creditors to avoid transfers made with actual intent to hinder, delay, or defraud creditors.

Michigan is a no-fault divorce state (MCL 552.6); a judgment of divorce requires only that the marriage be irretrievably broken.

Michigan requires a 60-day waiting period after filing before a divorce judgment can enter (MCL 552.9f), or 180 days if minor children are involved.

Michigan uses an equitable distribution model for marital property; separate property brought into the marriage or acquired by gift or inheritance is generally not divided.

Michigan's child support formula under the Michigan Child Support Formula Manual considers parental income, number of children, and parenting time.

Michigan requires a parent with custody to notify the other parent before relocating more than 100 miles from the child's residence (MCL 722.31).

Michigan's grandparent visitation statute (MCL 722.27b) permits a grandparent to seek visitation only if a court finds it is in the child's best interests and the parent's decision is contrary to that.

Michigan's Paternity Act (MCL 722.711) allows a complaint to establish paternity to be filed within specified time limits, generally before the child reaches age 18.

Michigan's Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq., governs wills, trusts, and decedents' estates.

A Michigan will must be in writing, signed by the testator, and witnessed by two competent witnesses who sign in the testator's presence (MCL 700.2502).

Michigan recognizes holographic wills if the signature and material portions are in the testator's handwriting (MCL 700.2502).

Michigan's elective share for a surviving spouse is the homestead allowance plus one-half of the balance of the intestate estate (MCL 700.2202).

Michigan's intestate succession gives the entire estate to the surviving spouse if there are no surviving descendants, or the first $150,000 plus one-half of the balance if there is one descendant.

Michigan's trust code (MCL 700.7101) permits revocable trusts and requires a trust to be in writing and signed by the settlor.

Michigan's rule against perpetuities is codified at MCL 554.71 and uses a 90-year period for interests created after 1988.

The Michigan Constitution (1963) may provide greater protections than the federal Constitution; Michigan courts interpret the state constitution independently.

Michigan's search and seizure provision (Const. 1963, art. 1, § 11) mirrors the Fourth Amendment; Michigan courts have at times construed it more broadly.

Michigan's due process clause (Const. 1963, art. 1, § 17) provides protections analogous to the Fourteenth Amendment.

Michigan's free speech clause (Const. 1963, art. 1, § 5) has been interpreted to protect expressive conduct more broadly than the federal First Amendment in some contexts.

Michigan's Headlee Amendment (Const. 1963, art. 9, §§ 25-34) limits state and local taxation and requires voter approval for tax increases.

Michigan's Open Meetings Act (MCL 15.261) requires public bodies to hold meetings open to the public and to provide notice.

Michigan's Freedom of Information Act (MCL 15.231) requires public bodies to disclose public records upon written request, subject to enumerated exemptions.

Michigan's Administrative Procedures Act (MCL 24.201) governs rulemaking, contested cases, and judicial review of agency decisions.

A Michigan agency must provide notice and an opportunity for comment before adopting a rule; the rule takes effect after filing with the Secretary of State.

Judicial review of a contested case decision in Michigan is under MCL 24.306; a court may reverse if the decision is contrary to law, unsupported by competent evidence, or arbitrary and capricious.

Michigan's Freedom of Information Act and Open Meetings Act apply to state agencies and local public bodies.

The Michigan Civil Service Commission has constitutional authority over state employment; its rules have the force of law.

Michigan's Tax Tribunal (MCL 205.721) has exclusive jurisdiction over property tax appeals and certain other tax disputes.

Michigan's Unemployment Insurance Agency and Workers' Disability Compensation Agency each have their own hearing and appeal processes.

Michigan's Uniform Commercial Code is codified at MCL 440.1101 et seq.; Article 2 governs the sale of goods and Article 9 governs secured transactions.

Michigan's statute of frauds (MCL 566.106) requires a writing for contracts for the sale of land, contracts that cannot be performed within one year, and surety agreements.

Michigan's UCC Article 2 statute of frauds (MCL 440.2201) requires a writing for the sale of goods over $500, signed by the party against whom enforcement is sought.

Michigan's UCC Article 9 requires a security agreement, value given, and debtor rights in the collateral for attachment; perfection by filing a financing statement with the Michigan Secretary of State.

Michigan's UCC Article 9 filing office is the Michigan Department of State, Uniform Commercial Code Section.

Michigan's usury statute (MCL 438.31) sets a maximum interest rate of 7 percent per year for certain loans, with exceptions for corporate and business loans.

Michigan's Uniform Electronic Transactions Act (MCL 450.831) gives electronic records and signatures the same legal effect as paper documents.

Michigan's Workers' Disability Compensation Act (MCL 418.101) provides no-fault benefits for employees injured in the course of employment.

Michigan's workers' compensation system is administered by the Workers' Disability Compensation Agency; appeals go to the Michigan Compensation Appellate Commission.

Michigan's wage and hour law (MCL 408.381) sets the minimum wage and overtime requirements, mirroring the federal Fair Labor Standards Act.

Michigan's Whistleblowers' Protection Act (MCL 15.361) prohibits retaliation against an employee who reports a violation of law.

Michigan's Elliott-Larsen Civil Rights Act (MCL 37.2101) prohibits employment discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.

Michigan's Persons with Disabilities Civil Rights Act (MCL 37.1101) prohibits discrimination based on disability and requires reasonable accommodation.

Michigan's unemployment insurance law (MCL 421.1) provides benefits to eligible workers who are unemployed through no fault of their own.

Michigan's attorney discipline system is administered by the Attorney Discipline Board (ADB) and the Attorney Grievance Commission (AGC).

A Michigan lawyer must report a violation of the Rules of Professional Conduct that raises a substantial question as to honesty, trustworthiness, or fitness (MRPC 8.3).

Michigan's mandatory continuing legal education requirement is 30 hours every three years, including at least two hours of professional responsibility.

Michigan's IOLTA program is administered by the Michigan State Bar Foundation; interest on client trust accounts funds legal services for the poor.

Michigan's Rules of Professional Conduct prohibit a lawyer from engaging in sexual relations with a client unless a consensual relationship existed before the representation (MRPC 1.8(j)).

Michigan's fee arbitration program allows clients to arbitrate fee disputes with lawyers through the State Bar of Michigan.

Michigan's judicial ethics are governed by the Michigan Code of Judicial Conduct, which is enforced by the Judicial Tenure Commission.