MI Bar State-Specific Essay 3

Question 1

Under Michigan law, how is child custody determined when parents dispute custody?

Accepted Answer

By the best interests of the child, evaluated under the twelve statutory factors of the Child Custody Act

Answer

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?

Accepted Answer

Clear and convincing evidence

Answer

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:

Accepted Answer

Unlawfully sold alcohol to a minor or a visibly intoxicated person and the sale proximately caused the injury

Answer

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?

Accepted Answer

The examination must commence within 21 days

Answer

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:

Accepted Answer

Void under the statute of frauds unless a writing signed by the party to be charged exists

Answer

Michigan's statute of frauds (MCL 566.132) makes agreements not performable within one year unenforceable absent a signed writing.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar State-Specific Essay 3