MI Bar Law and Procedure 2

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?

Accepted Answer

21 days

Answer

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?

Accepted Answer

$25,000

Answer

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?

Accepted Answer

They are barred entirely because fault exceeds 50%

Answer

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?

Accepted Answer

Death, permanent serious disfigurement, or serious impairment of body function

Answer

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?

Accepted Answer

To determine whether probable cause exists that a crime was committed and the defendant committed it

Answer

The preliminary examination tests whether probable cause supports binding the defendant over to circuit court for trial.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Law and Procedure 2