MI Bar State-Specific Essay 2 — Questions and Answers
Question 1: Under Michigan's no-fault automobile insurance system, when may an injured person sue a negligent driver for noneconomic damages?
- Only when the injury results in death, serious impairment of body function, or permanent serious disfigurement (Correct answer)
- Whenever medical bills exceed the PIP deductible
- Only if the negligent driver was uninsured
- In any accident involving more than two vehicles
Correct answer: Only when the injury results in death, serious impairment of body function, or permanent serious disfigurement
MCL 500.3135 limits tort liability for noneconomic loss to cases of death, serious impairment of body function, or permanent serious disfigurement.
Question 2: In Michigan, what is the standard statutory period for adverse possession of real property?
- 15 years (Correct answer)
- 7 years
- 10 years
- 20 years
Correct answer: 15 years
Michigan requires actual, visible, open, notorious, exclusive, continuous, and hostile possession for the 15-year limitations period under MCL 600.5801.
Question 3: Under Michigan law, a will is validly executed if it is in writing, signed by the testator, and:
- Signed by at least two witnesses who witnessed the signing or the testator's acknowledgment (Correct answer)
- Notarized by a licensed notary public
- Filed with the probate court during the testator's lifetime
- Signed by three disinterested witnesses
Correct answer: Signed by at least two witnesses who witnessed the signing or the testator's acknowledgment
EPIC (MCL 700.2502) requires a writing signed by the testator and two witnesses who signed after witnessing the signature or its acknowledgment.
Question 4: Which Michigan court has exclusive jurisdiction over civil claims where the amount in controversy is $25,000 or less?
- The district court (Correct answer)
- The circuit court
- The court of claims
- The probate court
Correct answer: The district court
Michigan district courts have exclusive jurisdiction over civil actions when the amount in controversy does not exceed $25,000.
Question 5: Under Michigan divorce law, what must a plaintiff allege to obtain a divorce?
- That there has been a breakdown of the marriage relationship with no reasonable likelihood the marriage can be preserved (Correct answer)
- Adultery, cruelty, or desertion by the defendant
- That the parties have lived apart for at least two years
- Mutual consent of both spouses
Correct answer: That there has been a breakdown of the marriage relationship with no reasonable likelihood the marriage can be preserved
Michigan is a pure no-fault divorce state, requiring only an allegation of breakdown of the marriage relationship under MCL 552.6.
Question 6: In Michigan, holographic wills are valid if:
- They are dated and the signature and material portions are in the testator's handwriting (Correct answer)
- They are witnessed by at least one person
- The testator was in imminent peril of death
- They dispose only of personal property
Correct answer: They are dated and the signature and material portions are in the testator's handwriting
MCL 700.2502(2) validates holographic wills that are dated with the signature and material portions in the testator's handwriting, no witnesses required.
Question 7: Under Michigan's comparative negligence rules, a plaintiff who is found 60% at fault in a personal injury action may recover:
- Economic damages reduced by 60%, but no noneconomic damages (Correct answer)
- Nothing, because fault exceeds 50%
- All damages reduced by 60%
- Full damages, because Michigan uses pure comparative fault for all damages
Correct answer: Economic damages reduced by 60%, but no noneconomic damages
Under MCL 600.2959, a plaintiff more than 50% at fault is barred from noneconomic damages but may still recover proportionately reduced economic damages.
MI Bar State-Specific Essay 2
Under Michigan's no-fault automobile insurance system, when may an injured person sue a negligent driver for noneconomic damages?