MI BAR Cheat Sheet 2026

The 30 highest-yield MI BAR facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. Under the Michigan Trust Code, a valid private express trust requires all of the following EXCEPT: → A written instrument signed by two witnesses
2. Under Michigan's EPIC, a holographic will is valid if which elements are in the testator's handwriting? → The material portions and signature, plus a date
3. A Michigan spendthrift trust generally protects a beneficiary's interest from creditors, but which claimant can still reach it? → A child or former spouse holding a support order
4. What is a material breach of contract? → A breach so substantial that it excuses the non-breaching party from further performance
5. What is the primary purpose of the Model Rules' prohibition on "advertising" by lawyers? → To ensure that lawyer advertising is truthful and not misleading.
6. What is the residency requirement for filing a divorce in Michigan? → The petitioner must meet state-specific residency requirements before filing
7. Under Michigan’s rules of evidence, which of the following is generally NOT considered a valid exception to the hearsay rule? → Judicial Opinion
8. Under the First Amendment, which type of speech receives the LEAST constitutional protection? → Obscenity
9. What is the best evidence rule? → Original documents must be produced to prove their contents unless an exception applies
10. What are prior inconsistent statements used for? → To impeach a witness's credibility by showing contradictory earlier statements
11. When a government actor deprives a person of a protected liberty or property interest, procedural due process requires at minimum: → Notice and an opportunity to be heard
12. After a commercially reasonable foreclosure sale of equipment, the sale proceeds are less than the debt plus expenses. Who is liable for the shortfall? → The debtor, who remains liable for the deficiency
13. In tort law, which of the following is a defense to a claim of negligence? → Assumption of Risk
14. What is eminent domain? → The government's power to take private property for public use with just compensation
15. Under the Federal Rules of Criminal Procedure, what is the primary purpose of a preliminary hearing? → To assess whether there is probable cause to charge the defendant
16. What is an agency's enabling statute? → The law enacted by Congress that creates the agency and defines its authority and powers
17. What is relevance in evidence law? → Evidence that has any tendency to make a material fact more or less probable
18. A city ordinance bans all signs criticizing foreign governments but permits other political signs. The ordinance is: → Presumptively invalid, because content-based speech restrictions receive strict scrutiny
19. In Michigan, a trust created by the settlor's will is known as what, and when does it take effect? → A testamentary trust, effective at the settlor's death upon probate of the will
20. What is the primary test used to determine whether a government action violates the Establishment Clause of the First Amendment? → Lemon Test
21. What is the purpose of filing a UCC financing statement? → To perfect the security interest and establish priority over other creditors
22. Under Michigan law, when a private express trust fails and no alternative disposition is provided, the trust property generally: → Returns to the settlor or the settlor's estate on a resulting trust
23. Under the Takings Clause of the Fifth Amendment, when the government permanently physically occupies private property, compensation is required: → Always, regardless of the duration or economic impact of the occupation
24. A testifying witness in a civil case was convicted of felony tax fraud four years ago. The conviction is: → Admissible to impeach, because crimes of dishonesty must be admitted
25. In Michigan, what is the maximum length of time a defendant can be held in custody without a preliminary examination? → 21 days
26. A Michigan will contains a no-contest (in terrorem) clause. Under EPIC, the clause is unenforceable against a beneficiary who contests with: → Probable cause for instituting the proceeding
27. Two siblings held land as joint tenants with right of survivorship. One sibling secretly conveyed her interest to a friend, then died. Who owns the property? → The surviving sibling and the friend as tenants in common
28. A homeowner kept a pet wolf that had never shown aggression. The wolf escaped and bit a neighbor. In the neighbor's suit, the homeowner is most likely: → Strictly liable, because a wolf is a wild animal
29. A financing statement was filed on March 1, 2020. No continuation statement is ever filed. When does the financing statement lapse? → March 1, 2025, five years after filing
30. A private shopping mall ejected peaceful political protesters. The protesters sued, claiming a First Amendment violation. They will most likely: → Lose, because the mall is a private actor and no state action exists