MI Bar flashcards

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

Michigan bar exam format

Two-day UBE administration: Day 1 has two MPT tasks and six MEE essays; Day 2 has 200 MBE questions in two sessions.

Michigan passing score

A scaled score of 268 out of 400 is required to pass; the written and MBE components are each weighted 50 percent.

MBE subjects

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

MEE additional subjects

Business Associations, Conflict of Laws, Family Law, Trusts and Estates, and Article 9 Secured Transactions supplement the MBE subjects.

Michigan district court limit

Michigan district courts have jurisdiction over civil claims up to $25,000; circuit courts hear claims exceeding that amount.

Michigan long-arm statute

MCL 600.705 reaches to the limits of due process for individuals; MCL 600.715 governs corporations.

Michigan case evaluation

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.

Michigan personal injury limitations

The statute of limitations for general personal injury in Michigan is three years under MCL 600.5805.

Michigan physician-patient privilege

MRE 506 recognizes a physician-patient privilege that does not exist in the Federal Rules of Evidence.

Michigan rape shield rule

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

Michigan expert testimony standard

Michigan applies the Davis-Frye general acceptance test for novel scientific evidence rather than the federal Daubert reliability framework.

Michigan dead man's statute

MCL 600.2166 bars an interested party from testifying about communications with a deceased person in certain civil actions.

Michigan self-defense

MCL 780.972 provides no duty to retreat in any place the person has a legal right to be, including outside the home.

Michigan felony murder

A killing during an enumerated felony, including robbery, rape, arson, breaking and entering, larceny, and kidnapping, constitutes first-degree murder.

Michigan 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 redemption period

After foreclosure by advertisement, the statutory redemption period is six months for most residential property under MCL 600.3240.

Michigan marketable record title

MCL 565.101 extinguishes claims arising before the 40-year root of title unless preserved by a notice of claim.

Michigan adverse possession

Actual, open, notorious, exclusive, and continuous possession for 15 years is required under MCL 600.5801.

Michigan no-fault threshold

MCL 500.3135 abolishes tort liability for noneconomic damages unless the injury causes death, serious impairment of body function, or permanent serious disfigurement.

Michigan comparative fault

MCL 600.2959 reduces recovery by the plaintiff's percentage of fault; a plaintiff 50 percent or more at fault recovers nothing.

Michigan governmental immunity

MCL 691.1407 provides immunity for governmental functions, with narrow exceptions for highway defects, public buildings, and motor vehicles.

Michigan open and obvious doctrine

A landowner has no duty to warn of dangers that are open and obvious unless the special aspects exception applies.

Michigan CLE requirement

Michigan requires 30 hours of continuing legal education every three years, including at least two hours in professional responsibility.

Michigan IOLTA account

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

Michigan pro hac vice

MCR 8.126 allows out-of-state lawyers to appear in a particular case upon motion and payment of a fee.

Michigan LLC management

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

Michigan internal affairs doctrine

Michigan applies the law of the state of incorporation to disputes over internal corporate governance.

Michigan no-fault divorce

MCL 552.6 requires only that the marriage be irretrievably broken; no showing of fault is required.

Michigan divorce waiting period

A 60-day waiting period after filing applies before a divorce judgment can enter, or 180 days if minor children are involved.

Michigan elective share

MCL 700.2202 gives a surviving spouse the homestead allowance plus one-half of the balance of the intestate estate.

Michigan holographic will

MCL 700.2502 recognizes a will if the signature and material portions are in the testator's handwriting.

Michigan Headlee Amendment

Const. 1963, art. 9, §§ 25-34 limits state and local taxation and requires voter approval for tax increases.

Michigan administrative review

MCL 24.306 allows a court to reverse an agency decision that is contrary to law, unsupported by competent evidence, or arbitrary and capricious.