MI Bar Law and Procedure 2 — Questions and Answers
Question 1: Under the Michigan Court Rules, a defendant in circuit court must generally serve an answer within how many days after being personally served with the summons and complaint in Michigan?
- 21 days (Correct answer)
- 28 days
- 14 days
- 30 days
Correct answer: 21 days
MCR 2.108(A)(1) requires an answer within 21 days after personal service in Michigan.
Question 2: In Michigan, the circuit court has general jurisdiction over civil claims where the amount in controversy exceeds what threshold?
- $25,000 (Correct answer)
- $10,000
- $50,000
- $75,000
Correct answer: $25,000
Michigan circuit courts hear civil cases exceeding $25,000, while district courts handle claims at or below that amount.
Question 3: A driver rear-ends another car in Detroit, and the injured plaintiff is found 60% at fault for the collision. Under Michigan's comparative fault rules, what happens to the plaintiff's noneconomic damages?
- They are barred entirely because fault exceeds 50% (Correct answer)
- They are reduced by 60%
- They are unaffected by plaintiff's fault
- They are reduced by 50% only
Correct answer: They are barred entirely because fault exceeds 50%
Under MCL 600.2959, a plaintiff more than 50% at fault cannot recover noneconomic damages, though economic damages are merely reduced.
Question 4: Under Michigan's no-fault automobile insurance act, an injured motorist may sue a negligent driver for noneconomic damages only if the injury meets which threshold?
- Death, permanent serious disfigurement, or serious impairment of body function (Correct answer)
- Any injury requiring medical treatment
- Medical bills exceeding $5,000
- Any injury causing lost wages
Correct answer: Death, permanent serious disfigurement, or serious impairment of body function
MCL 500.3135 permits third-party tort suits for noneconomic loss only for death, permanent serious disfigurement, or serious impairment of body function.
Question 5: In a Michigan felony prosecution, what is the primary purpose of the preliminary examination in district court?
- To determine whether probable cause exists that a crime was committed and the defendant committed it (Correct answer)
- To decide the defendant's guilt beyond a reasonable doubt
- To set the final sentencing guidelines
- To resolve all pretrial evidentiary motions
Correct answer: To determine whether probable cause exists that a crime was committed and the defendant committed it
The preliminary examination tests whether probable cause supports binding the defendant over to circuit court for trial.
Question 6: Under Michigan law, first-degree murder differs from second-degree murder primarily because first-degree murder requires proof of what?
- Premeditation and deliberation, or commission during an enumerated felony (Correct answer)
- Any intent to kill
- Use of a deadly weapon
- The killing of more than one person
Correct answer: Premeditation and deliberation, or commission during an enumerated felony
First-degree murder requires premeditated, deliberate killing or a killing during an enumerated felony; second-degree murder covers other malice killings.
Question 7: A Michigan plaintiff files a medical malpractice suit. Before filing the complaint, what must the plaintiff generally serve on the defendant health professional?
- A notice of intent to sue at least 182 days before filing (Correct answer)
- A demand for arbitration
- A certified expert deposition transcript
- A settlement offer under MCR 2.405
Correct answer: A notice of intent to sue at least 182 days before filing
MCL 600.2912b requires a notice of intent to file a claim served at least 182 days before commencing a malpractice action.
MI Bar Law and Procedure 2
Under the Michigan Court Rules, a defendant in circuit court must generally serve an answer within how many days after being personally served with the summons and complaint in Michigan?