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 Eighth Amendment's prohibition on cruel and unusual punishment, which of the following is constitutionally prohibited? → The death penalty for defendants who were under 18 at the time of the offense
2. Under the Michigan Trust Code, a valid private express trust requires all of the following EXCEPT: → A written instrument signed by two witnesses
3. Under Michigan product liability law, what is the effect of a manufacturer's compliance with FDA approval for a drug? → It generally provides an absolute defense to product liability, absent fraud on the FDA
4. Under Michigan's dramshop act, an injured third party may sue a liquor licensee that unlawfully sold alcohol to which categories of patrons? → A visibly intoxicated person or a minor
5. A farmer contracts to sell his entire wheat crop, but an unprecedented flood destroys the identified crop. Which doctrine most likely excuses performance? → Impracticability due to destruction of goods identified when the contract was made
6. A landowner excavates near the property line, causing a neighbor's land in its natural state to subside. The landowner is: → Strictly liable for withdrawing lateral support of land in its natural condition
7. 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
8. 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
9. Under Michigan law, a dog owner is liable for a dog bite to a person lawfully on the property under what standard? → Strict liability regardless of the dog's prior viciousness, absent provocation
10. What is a material breach of contract? → A breach so substantial that it excuses the non-breaching party from further performance
11. In Michigan, holographic wills are valid if: → They are dated and the signature and material portions are in the testator's handwriting
12. What is the primary purpose of the Model Rules' prohibition on "advertising" by lawyers? → To ensure that lawyer advertising is truthful and not misleading.
13. A lawyer represents two co-defendants in a criminal case. Midway through, their defenses become directly antagonistic. What should the lawyer do? → Withdraw from representing both defendants
14. A couple with two minor children files for divorce in Michigan. What is the minimum statutory waiting period before the judgment can be entered? → Six months from the filing of the complaint
15. Under the Free Exercise Clause, a neutral law of general applicability that incidentally burdens religious practice is subject to: → Rational basis review
16. Under Michigan defamation law, a private-figure plaintiff suing a media defendant on a matter of public concern must prove at least what level of fault? → Negligence regarding the falsity of the statement
17. During trial, a lawyer learns that her client testified falsely about a material fact. The client refuses to correct the testimony. What must the lawyer do? → Take reasonable remedial measures, including disclosure to the tribunal if necessary
18. A defendant charged with operating while intoxicated (OWI) in Michigan is presumed under the influence at what bodily alcohol content? → 0.08 grams or more per 100 milliliters of blood
19. Under MRE 804(b)(3), a statement against penal interest by an unavailable declarant offered to exculpate a criminal defendant requires: → Corroborating circumstances clearly indicating trustworthiness
20. During a Michigan criminal trial, the prosecutor comments on the defendant's failure to testify. This violates which constitutional protection? → The Fifth Amendment privilege against self-incrimination
21. A buyer accepts nonconforming goods and wants to sue for breach of warranty. What must the buyer do to preserve the claim under the UCC? → Notify the seller of the breach within a reasonable time after discovering it
22. Under Michigan law, an oral contract that cannot be performed within one year of its making is unenforceable unless it satisfies which doctrine? → The statute of frauds, requiring a signed writing
23. Under MRE 613, extrinsic evidence of a witness's prior inconsistent statement is admissible only if: → The witness is given an opportunity to explain or deny it
24. A tenant vacates an apartment with eight months left on the lease. Under the modern majority rule followed in Michigan, the landlord must: → Make reasonable efforts to mitigate damages by re-letting the premises
25. Under Michigan law, what is the standard of care owed by a common carrier to its passengers? → Reasonable care under the circumstances
26. A lawyer serving as a part-time judge is asked to represent a party in a matter she heard as a judge. May she accept? → No, unless all parties to the proceeding give informed consent, confirmed in writing
27. Under equal protection strict scrutiny, a public university's race-conscious admissions program must: → Serve a compelling government interest and be narrowly tailored to achieve that interest
28. In a Michigan wrongful death action, who must bring the lawsuit? → The personal representative of the decedent's estate
29. Under Michigan criminal procedure, a defendant arrested without a warrant must be brought before a magistrate for arraignment within what general timeframe? → Without unnecessary delay, presumptively within 48 hours
30. What is the residency requirement for filing a divorce in Michigan? → The petitioner must meet state-specific residency requirements before filing