MI Bar State-Specific Essay 3 — Questions and Answers
Question 1: Under Michigan law, how is child custody determined when parents dispute custody?
- By the best interests of the child, evaluated under the twelve statutory factors of the Child Custody Act (Correct answer)
- By a presumption in favor of the mother for children under five
- By the child's stated preference once the child is ten
- By alternating custody equally unless a parent is unfit
Correct answer: By the best interests of the child, evaluated under the twelve statutory factors of the Child Custody Act
The Michigan Child Custody Act (MCL 722.23) requires courts to weigh twelve enumerated best-interest factors.
Question 2: In Michigan, an established custodial environment may be changed only if the moving party shows by what standard that the change serves the child's best interests?
- Clear and convincing evidence (Correct answer)
- Preponderance of the evidence
- Beyond a reasonable doubt
- Substantial evidence
Correct answer: Clear and convincing evidence
Where an established custodial environment exists, MCL 722.27(1)(c) requires clear and convincing evidence that a change is in the child's best interests.
Question 3: Under Michigan's dramshop act, a liquor licensee may be liable for injuries caused by a patron if the licensee:
- Unlawfully sold alcohol to a minor or a visibly intoxicated person and the sale proximately caused the injury (Correct answer)
- Sold any alcohol to a person who later caused an accident
- Failed to check identification of any patron
- Served a patron more than three drinks in one hour
Correct answer: Unlawfully sold alcohol to a minor or a visibly intoxicated person and the sale proximately caused the injury
MCL 436.1801 imposes dramshop liability only for unlawful sales to minors or visibly intoxicated persons that proximately cause injury.
Question 4: In Michigan criminal procedure, a defendant charged with a felony is entitled to a preliminary examination within how many days of arraignment on the complaint?
- The examination must commence within 21 days (Correct answer)
- Within 48 hours
- Within 90 days
- Within 180 days
Correct answer: The examination must commence within 21 days
MCL 766.4 requires the preliminary examination to be held within 21 days of arraignment, with a probable cause conference held earlier.
Question 5: Under Michigan's statutory rule, an oral contract that cannot be performed within one year is:
- Void under the statute of frauds unless a writing signed by the party to be charged exists (Correct answer)
- Enforceable if either party has begun performance
- Valid if made before two witnesses
- Automatically converted to an at-will arrangement
Correct answer: Void under the statute of frauds unless a writing signed by the party to be charged exists
Michigan's statute of frauds (MCL 566.132) makes agreements not performable within one year unenforceable absent a signed writing.
Question 6: In Michigan, a landlord must return a residential tenant's security deposit or provide an itemized list of damages within how many days after the tenant vacates?
- 30 days (Correct answer)
- 14 days
- 45 days
- 60 days
Correct answer: 30 days
MCL 554.609 requires the landlord to deliver the itemized damage list and any refund within 30 days after termination of occupancy.
Question 7: Under Michigan law, tenancy by the entirety property is protected from:
- Creditors of only one spouse, because both spouses must join to convey or encumber the property (Correct answer)
- All creditors, including joint creditors of both spouses
- Federal tax liens under all circumstances
- Nothing; Michigan abolished tenancy by the entirety
Correct answer: Creditors of only one spouse, because both spouses must join to convey or encumber the property
In Michigan, entireties property cannot be reached by creditors of one spouse alone, though joint creditors of both spouses may reach it.
MI Bar State-Specific Essay 3
Under Michigan law, how is child custody determined when parents dispute custody?