MI Bar Law and Procedure 3

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?

Accepted Answer

Both impeachment and as substantive evidence

Answer

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?

Accepted Answer

A 7-day demand for possession for nonpayment of rent

Answer

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?

Accepted Answer

3 years from the date of injury

Answer

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?

Accepted Answer

The buyer, because equitable title passed at signing

Answer

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?

Accepted Answer

Without unnecessary delay, presumptively within 48 hours

Answer

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.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Law and Procedure 3