MI Bar Law and Procedure 3 — Questions and Answers
Question 1: Under the Michigan Rules of Evidence, a witness's prior inconsistent statement made under oath at a deposition is admissible for what purpose?
- Both impeachment and as substantive evidence (Correct answer)
- Impeachment only
- Substantive evidence only
- Neither purpose without the declarant's consent
Correct answer: Both impeachment and as substantive evidence
A prior inconsistent statement given under oath at a trial, hearing, or deposition is non-hearsay and admissible substantively as well as to impeach.
Question 2: A Michigan landlord wants to evict a residential tenant for nonpayment of rent. What notice must the landlord serve before filing a summary proceedings action?
- A 7-day demand for possession for nonpayment of rent (Correct answer)
- A 30-day notice to quit
- A 24-hour notice to vacate
- No notice is required for nonpayment
Correct answer: A 7-day demand for possession for nonpayment of rent
Michigan law requires a 7-day demand for possession for nonpayment of rent before commencing summary proceedings.
Question 3: In Michigan, the general statute of limitations for a personal injury negligence claim is how long?
- 3 years from the date of injury (Correct answer)
- 2 years from the date of injury
- 6 years from the date of injury
- 1 year from the date of injury
Correct answer: 3 years from the date of injury
MCL 600.5805 sets a 3-year limitations period for most personal injury and property damage claims.
Question 4: A buyer and seller sign a contract for the sale of a Michigan lakefront cottage. Before closing, the cottage burns down through no one's fault. Under the majority rule of equitable conversion followed in Michigan, who bears the risk of loss?
- The buyer, because equitable title passed at signing (Correct answer)
- The seller, because legal title has not transferred
- Both parties split the loss equally
- The buyer's lender
Correct answer: The buyer, because equitable title passed at signing
Under equitable conversion, the buyer holds equitable title once the contract is signed and therefore bears the risk of loss absent a contrary agreement.
Question 5: 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 (Correct answer)
- Within 7 days
- Within 24 hours in all cases
- Within 10 days
Correct answer: Without unnecessary delay, presumptively within 48 hours
An arrestee must be arraigned without unnecessary delay, and a judicial probable-cause determination is presumptively required within 48 hours under County of Riverside v. McLaughlin.
Question 6: A Michigan jury in a civil case must reach its verdict by what margin when six jurors deliberate?
- Agreement of at least 5 of the 6 jurors (Correct answer)
- Unanimous agreement only
- A simple majority of 4 jurors
- Agreement of the foreperson plus two jurors
Correct answer: Agreement of at least 5 of the 6 jurors
In Michigan civil cases, a verdict requires agreement of 5 of 6 jurors unless the parties stipulate otherwise.
Question 7: 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 (Correct answer)
- Any person who later drives
- Only patrons with prior drunk-driving convictions
- Any patron served after midnight
Correct answer: A visibly intoxicated person or a minor
The dramshop act imposes liability for unlawful sales to visibly intoxicated persons or minors that cause injury to third parties.
MI Bar Law and Procedure 3
Under the Michigan Rules of Evidence, a witness's prior inconsistent statement made under oath at a deposition is admissible for what purpose?