HIGHLY TESTED MEE TOPICS

Question 1

Commercial paper (tested 2021)

Answer 1

This is a negotiable instruments question because the instrument at issue here is capable of transfer by endorsement or delivery.

A negotiable instrument requires an unconditional promise or order to pay a fixed amount of money, payable to bearer or order, payable on demand or at a definite time, without express conditions besides payment of money.

A holder is a person entitled to enforce an instrument. A holder in due course status must take the instrument for value, in good faith, and without notice of defects. HDC status insulates HDC from personal defenses but not real defenses.

HDC status not granted if instrument is obviously forged/no ID shown

Question 2

PR

Confidentiality

Answer 2

DUTY OF CONFIDENTIALITY extends to past, current and prospective clients
- lawyer can’t knowingly reveal a confidence or secret or use to the disadvantage of client or for the advantage of a lawyer/3rd party

confidence refers to info protected by AC privilege
Secret = info gained in professional relationship which client wants to be secret or whose disclosure would be embarrassing/detrimental to client

Can reveal if client consents, required by law, client intends to commit a crime & info is necessary to prevent crime, if lawyers services used to further illegality/fraud, defend lawyer in lawsuit, necessary to establish or collect a fee

CANDOR TOWARD TRIBUNAL

• lawyer can’t knowingly make a false statement of material fact/law to tribunal or fail to correct one previously made
• fail to disclose to a tribunal controlling legal authority
• offer evidence lawyer knows to be false

MISCONDUCT

• to violate or attempt to violate Rules
• engage in conduct (involving dishonesty, fraud, deceit, misrep) that reflects adversely on lawyer’s honesty/trustworthiness/fitness as a lawyer

REPORTING PROFESSIONAL MISCONDUCT
- a lawyer that knows another lawyer or judge has committed a violation of MPRC that raises a SUBSTANTIAL question as to lawyer’s honesty, trustworthiness, fitness as a lawyer must inform the appropriate authorities

ADVERTISING
A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

RIGHTS OF 3RD PERSONS
In the course of representing a client a lawyer shall not knowingly:

• make a false statement of material fact or law to a third person or
• embarrass, delay, burden or violate the rights of a 3rd person if the lawyer has no substantial purpose for doing so.

Question 3

**Who decides whether the injured person has suffered serious impairment of body function or permanent serious disfigurement? - 3RD PARTY CLAIM FOR NON-ECONOMIC DAMAGES

Answer 3

**The issues of whether the injured person has suffered serious impairment of body function or permanent serious disfigurement are questions of law for the COURT if the court finds either

i. There is no factual dispute concerning the nature and extent of the person’s injuries or
ii. There is a factual dispute concerning the nature and extent of the person’s injuries, but the dispute is not material to the determination whether the person has suffered a serious impairment of busy function or permanent serious disfigurement

Question 4

Serious impairment of a body function [MOST HIGHLY TESTED]

Answer 4

A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.

TEST COURT USES for serious impairment of body function***:

1. Is there an objectively manifested impairment that is observable or perceivable from actual symptoms or conditions
2. of an important body function that is a body function of great value, significance or consequence to THE INJURED PERSON ( subjective) that
3. affects the person’s general ability to live his normal life

“ie. woman breaks leg, needs physio & misses work for 2 months”

Question 5

5 methods of creating a trust*

Answer 5

1. Transfer of property to a trustee during the settlor’s lifetime or by disposition taking effect upon the settlor’s death*
2. When there is a declaration by the owner of the property that the owner holds identifiable property as a trustee*
3. When there is an exercise of a power of appointment in favor of a trustee.
4. By declaring an irrevocable trust.
5. a promise from one person to another to hold property for the benefit of a 3rd person.

Question 6

Validity of a Trust - 5 Statutory requirements to create a valid trust** [MOST HIGHLY TESTED]

& oral trusts

Answer 6

The settlor 1) has capacity to create a trust
2) has intention
3) Trustee has duties to perform
4) same person is not the sole trustee
&sole beneficiary
5. Trust has a definite beneficiary, is a
pet care trust, is a charitable trust or is a
trust for a non-charitable purpose.

**Oral trust: A trust does not need to be in writing. However, the terms of an oral trust need to be established by CLEAR AND CONVINCING EVIDENCE

Question 7

Duty of Directors - Business judgment rule (IMP)

Answer 7

Directors must act in good faith, in a manner they reasonably believe to be in the best interests of the corporation, and with the care that an ordinarily prudent person in a similar position would exercise under similar circumstances. This is presumed under the business judgment rule, absent evidence of fraud, bad faith, self-dealing. It is then up to the plaintiff to overcome this presumption.

Directors can rely on information, opinions, reports etc. from legal counsel, public accountants, engineers, or other persons , as to matters director reasonably believes are within a person’s professional or expert competence.

Question 8

Shareholder Derivative Lawsuits against director [IMPORTANT TO KNOW]

Shareholder direct suits - when wrong done amounts to a breach of duty owed to the individual personally

Answer 8

Shareholders may file lawsuits against a director to establish that the director acted illegally, fraudulently, breached their fiduciary duties, or their actions were unfair and oppressive to the individual or the corporation.

A derivative lawsuit may be filed on behalf of the corporation if there is injury to the corporation. In order to establish a derivative suit, the shareholder must 1) be a shareholder at the time of the breach of the fiduciary duty until the time of judgment 2) the shareholder must fairly and adequately represent the interests of the corporation, and 3) must file written demand to the corporation to take action, and wait 90 days before filing the lawsuit unless the corporation has rejected the demand or waiting 90 days would cause irreparable injury to the corporation

Question 9

Shareholder right to inspect & burden of proof (IMP**)

Answer 9

Any shareholder, in person or by attorney or agent has a right to inspect a corporation’s stock ledger, shareholder list and other books and records if they write a written demand to corp. which states with reasonable particularity their purpose for inspecting, the records sought, and this purpose is directly related to records sought.

A proper purpose is one that is reasonably related to person’s interest as a shareholder. The demand can be made through an attorney or other agent as long as the demand is accompanied by writing which authorizes attorney or other agent to act on behalf of the shareholder.

Shareholder can compel inspection if corp. doesn’t permit it within 5 days/imposes unreasonable condidtion.

When shareholders file suit to compel inspection of stock ledgers or shareholder lists, the burden of proof is on the corporation to show an improper purpose or the records are not directly connected with shareholder’s purpose.

For all other documents, the burden of proof is on the shareholder to establish proper purpose & documents are directly connected with the purpose.

Question 10

Piercing corporate veil and holding shareholders liable ***

Answer 10

Generally, corporations are treated as entities separate from its shareholders, so shareholders are not personally liable for the debts of the corporation. A shareholder can be personally liable ( knowing as piercing the corporate veil) if plaintiff can show

1) corporate entity is found to be a merely an instrumentality
2) the corporate entity was used to commit an injustice, wrong or fraud AND
3) there was unjust injury or loss to P

Question 11

MIMIC

Answer 11

1. A Defendant’s PRIOR BAD ACTS can be admissible to prove motive, intent, identity, mistake, common scheme. The prosecutor only has to produce enough evidence so a reasonable juror could conclude that D committed the prior bad act ( D does not need to be convicted).
2. Then go on to discuss whether it is relevant
   - Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.
3. Then use 403 test
   - Irrelevant evidence is not admissible. Relevant evidence is admissible unless there is a statute that says otherwise or the probative value is substantially outweighed by the prejudicial effect such as unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time

Question 12

Lay witness testimony

Answer 12

A lay witness’s opinion is admissible if it is rationally based on the witness’s perception and helpful to a clear understanding of the witness’ testimony or determining a fact in issue. It must not be based on scientific, technical or otherwise specialised knowledge

Question 13

Expert Witnesses** [NEED TO KNOW, LIKELY TESTED]

Answer 13

A witness who is qualified as an expert by knowledge, skill, trailing, experience or education may testify in the form of an opinion or otherwise if it is

1) helpful to the trier of fact and
2) it is based on sufficient facts or data which means expert’s opinion is based on personal knowledge of the facts or data or based on facts that are IN THE RECORD and made known to the expert by a hypothetical question or testimony at trial

The testimony must be the product of reliable principles and methods which the expert has reliably applied to the facts of the case.

Question 14

Using Conviction of a crime for Impeachment ***[ LIKELY TO BE TESTED]

Answer 14

Crimes that require proof of dishonesty or false statement ( ie. tax fraud, perjury, embezzlement)

OR

Felony conviction fo a theft crime ( ie. robbery, larceny)
- must have sign. probative value on issue of credibility based on age ( more recent = better) and extent to which crime is indicative of truth-telling

• if witness is D, court will only admit conviction IF prob. outweighs prej. based on similarity o conviction & possibility D wouldn’t testify if admitted

10 year rule: if more than 10 years past conviction or release from confinement ( whichever is later), not admissible unless proponent can show probative value substantially outweighs prej. effect and adverse party given reasonable written notice of intent to use it.

Question 15

Dormant Commerce Clause *

Answer 15

Article I of the Constitution provides Congress with the power to regulate interstate commerce. Where congress is silent, a state under its police powers may regulate local aspects of interstate commerce, however per the Dormant Commerce Clause, state laws cannot place an undue burden on interstate commerce.

When a state statute expressly discriminates against interstate commerce, the statute is generally struck down.

When the law discriminates against IC but is passed to promote the health, safety, welfare, of state citizens, the state must satisfy strict scrutiny (necessary to serve a compelling state interest & no reasonable non-discriminatory alternative).

If a law is non-discriminatory but still has an indirect effect on interstate commerce, the statute will be upheld if it serves an important state interest, and does not impose an unreasonable burden on interstate commerce.

Question 16

Procedural DP

Answer 16

due process guaranteed by 5A, and applies to states through 14A. Refers to the constitutional requirement that when the government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard.

Employment is a property interest, with the exception of at will employment, so person must be given pre-termination hearing.

Question 17

Equal Protection

Answer 17

Under the 14th Amendment, no state shall deny to any person…the equal protection of the law.

race/ethnicity/alienage (ONLY IF STATE GOV). & fundamental rights ( right to vote, interstate travel, 1A rights, right to refuse medical treatment, marriage/divorce, contraception, sexual conduct, obscenity in home, family relations, abortion) subject to strict scrutiny. Gov. must show that the classification was narrowly tailored to achieve a compelling government interest

gender/ illegitimacy/mental capacity: intermediate scrutiny test. Gov. must show that the classification is substantially related to an important gove. interest

everything else INCLUDING DISCRIMINATION BY FEDS ON BASIS OF ALIENAGE: rational basis test. The plaintiff must show that the government provision is not rationally related to a legitimate government interest, in order for the provision to be struck down.

Question 18

Sobriety Checkpoint

Answer 18

4A is binding on the states under the 14A. 4A prohibits unreasonable searches and seizures. Vehicle stop is a seizure within the meaning of 4A, so when assessing sobriety checkpoints the courts look at the following to see whether the search conducted is reasonable:

1) state’s interest in preventing accidents caused by drunk drivers = grave & legitimate
2) degree to which sobriety checkpoints advance the interest = they do
3) level of intrusion on individual’s privacy caused by checkpoint = slight

So constitutional under 4A.

The Michigan Constituiotn provides greater protection than 4A and sobriety checkpoints violate the Michigan Constitution

Question 19

Subject Matter Jurisdiction** ( HIGHLY TESTED)

Answer 19

Diversity
In order to bring an action in federal court the court must have subject matter jurisdiction. The court can establish subject matter jurisdiction by showing it has diversity jurisdiction. Diversity jurisdiction is established when the parties to the suit have citizenship in wholly different states at the time of filing and the amount in controversy is over $75,000. An individual is a citizen of a state in which he intends to reside indefinitely.

A corporation is a citizen of its state of incorporation and the state where its headquarters or main office is located.

Federal Question Jurisdiction

Federal question jurisdiction is established when the underlying claim arises from federal law or is created by state law but depends on a substantial federal question. The federal issue must appear on the fact of the plaintiff’s complaint.

Question 20

Motion for Summary Disposition C(10) & commonly tested issues**

Answer 20

A motion for summary disposition will be granting if there is no genuine issue as to any material fact, and the moving party is entitled to judgement as a matter of law. The burden is on the moving party to show that there is no genuine issue as to any material fact. In support of its motion, a party may attach depositions, affidavits, and other documentary evidence. The burden then shifts to the non-moving party to show that there is an issue as to any material fact. In support of their motion they too can attach documentary evidence for the court to review. The judge will then review the evidence in a light most favorable to the non-moving party and make a determination as to whether or not there is an issue for a jury to decide or if the motion should be granted and the case dismissed.

Key points:

• Court may not rely on inadmissible hearsay when determining whether a genuine issue of material fact exists**
• A court may not weigh the evidence or make determinations of credibility when deciding a motion for summary disposition.
• A valid affidavit must be signed and notarized, otherwise it cannot be considered by the court.
• A court may not consider evidence not on file or submitted by the parties when deciding whether to grant an MSD.
• A court may not make findings of fact; if the evidence before it is conflicting, summary disposition is improper.
• Use of an affidavit alone is sufficient to create a genuine issue of material fact. No other evidence is necessary so long as the affidavit itself raises a genuine issue of material fact.

Question 21

Class Actions: 4 requirements? **

Answer 21

Plaintiffs must satisfy commonality, adequacy, numerosity, typicality, and superiority in order for their suit to proceed as a class action.

Commonality: common issues of fact or law AND common injuries must make up a vital part of lawsuit

Adequacy: named p & class counsel must fairly and adequately represent the class. Interests of the named party can’t conflict with interests of the rest of the class

Numerosity - class must be so numerous that joinder would be impractical ( ie. 40 +)

Typicality: the claims of the named plaintiff are typical of the class

Superiority: class actions is the superior method of adjudication. The court looks at things like whether the common questions of fact or law predominate over individual issues, whether prosecuting separately would create inconsistent results, etc, expenses incurred, whether any individual has an interest in bringing the claim individually, etc.

• P must move to have a class certified within 91 days after filing complaint + provide notice to class.

Question 22

Venue - tort actions

Answer 22

In tort actions, venue lies in the county in which the original injury occurred if the defendant resides, has a place of business, conducts business, or has a corporate registered office in that county.

If the venue of a civil action is improper, the court
shall order a change of venue on timely motion of a defendant, or may order a change of venue on its own initiative with notice to the parties and opportunity for them to be heard on the venue question.

Question 23

Discovery*

Answer 23

Parties may discover any non-privileged matter that is relevant to a party’s claim or defense and proportional to the needs of the case. Parties may discover things that are inadmissible at trial.

Attorney - client privilege applies if there is a confidential communication between an attorney and client made for the purpose of obtaining legal advice

Work product is any material prepared in anticipation of litigation. A party’s agents can be covered by the work-product doctrine. Written statements given by witnesses may be discoverable if the other party can show substantial need and undue hardship.

A court can seek a protective order on reasonable notice and good cause shown limiting discover to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense

Question 24

Collateral Estoppel: issue preclusion**

Answer 24

Collateral estoppel precludes relitigation of an issue in a subsequent, different cause of action between the same parties (including privies) when the prior proceeding culminated in a valid final judgment and the issue was actually litigated and decided in the action, was necessary to the court’s judgment.

The elements of issue preclusion are : 1) a question of fact essential to the judgment must have been actually litigated and determined by a valid and final judgment; (2) the same parties must have had a full and fair opportunity to litigate the issue; and (3) there must be mutuality of estoppel (neither party can bring up issue) unless CE is being used defensively.

Question 25

Unarmed Robbery & Armed Robbery

Answer 25

Specific Intent crimes

A person who in the course of committing a larceny of money/ property that may be subject to larceny uses force or violence against any person who is present, or who assaults or puts the person in fear and is unarmed.

““in the course of committing a larceny” includes attempted larceny ( NOTHING IS ACTUALLY TAKEN), or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the property.”

{Keeping a ring as collateral satisfies the definition of “permanently deprive.”}

Armed robbery if while committing robbery D possessed:

1) a weapon designed to be dangerous and capable of causing death or serious injury
2) possessed any object capable of causing death or serious injury and the defendant used it as a weapon
3) possessed any other object used or fashioned in a manner to lead other person to believe it was a weapon
4) represented orally or otherwise that he was in possession of a weapon

• no requirement that the perpetrator actually had a
  gun or other dangerous weapon

Question 26

Aiding and Abetting

Answer 26

1. Crime was committed
2. D performed acts or gave encouragement that assisted the commission of the crime AND
3. D intended the commission of the crime or had knowledge that principal intended its commission at the time he gave aid or encouragement

Question 27

Conspiracy

Answer 27

An agreement (express or implied) by 2 or more people to commit a crime + the specific intent to enter into the agreement and accomplish its objectives.

There must be two guilty minds. Conspiracy is completed on proof of an agreement to commit an illegal act.

D is liable for conspiracy to commit the crime and all other crimes committed by his co-conspirators so long as the crimes were foreseeable and in furtherance of the conspiracy.

Question 28

Self Defense **

Answer 28

Statutory Self defense

Michigan’s stand your ground law states that an individual, who is not in the commission of committing a crime nor has committed a crime, may use deadly force anywhere they have a legal right to be with no duty to retreat if they reasonably and honestly believe that deadly force is necessary to prevent imminent death, or great bodily harm.

Rebuttable presumption in Michigan that an individual who uses deadly force has an honest and reasonable belief that death or great bodily harm is imminent if the person against whom deadly force is used, is in the process of breaking and entering a dwelling or committing a home invasion and is in the dwelling when the force is used

Prosecutor bears burden of disproving it beyond a reasonable doubt

Common law
deadly force only permitted when a person reasonably believes it is necessary to do so to prevent from death or imminent great bodily harm. Self-defense is generally not allowed if the Defendant is the initial aggressor unless the Defendant was the initial aggressor and then the individual used deadly force against him or when the Defendant withdrew from the initial aggression and he made it clear to the other party of his intention to withdraw.

Question 29

Possession with intent to deliver less than 50g of cocaine

Answer 29

1. D actually or constructively possessed a controlled substance ( dominion or the right to control the drug coupled with the knowledge of its presence or character)
2. D knew she possessed a controlled substance
3. D intended to deliver it to someone else AND
4. the weight of the substance was less than 50 grams

• Possession may be established by direct or circumstantial evidence
• “intent to deliver” can be inferred from the quantity of drug, individual bags, sales by a live in boyfriend, ledger etc.
• If it isn’t a controlled substance D might be guilty of “possession w/ intent to deliver an imitation controlled substance”

Question 30

Manslaughter

Answer 30

Voluntary manslaughter is an intentional killing of another without malice aforethought in a heat of passion due to adequate provocation. The mens rea required for voluntary manslaughter is the same as second degree murder. For provocation, the test is whether an ordinary or reasonable person of fair average disposition would have been provoked under the circumstances and lose control of reason. Insulting words alone, or an assault and battery, are ordinarily insufficient provocation.

Involuntary Manslaughter
involuntary manslaughter is an unintentional killing of another without malice aforethought due to gross negligence, or during the commission of a felony or misdemeanor that does not qualify as felony murder with intent to injure, or in a grossly negligent manner or 3) negligent omission to perform a legal duty.

Question 31

2nd degree murder

Answer 31

Second degree murder is causing the death of another human being with malice aforethought. It is a malice crime. Malice aforethought is satisfied if 1) there is an intent to kill 2) an intent to cause serious or great bodily harm or 3) knowingly created a very high risk of death or great bodily harm knowing that death or such harm would be the likely result of his actions

Question 32

4A protects against what? General Principal?

Answer 32

The 4th Amendment protects against unreasonable searches and seizures.

It applies to searches and seizures by a government actor in a constitutionally protected area, or in any place where a person has a subjective (actual) and objective ( reasonable) expectation of privacy.

• A search w/o warrant is presumed to be unreasonable and unconstitutional, unless there is an exception to the warrant requirement.

Question 33

6A Confrontation Clause**

Answer 33

6A states that in all criminal proceedings, the accused shall enjoy the right to confront witnesses against him. Thus if the evidence is testimonial, the declarant is unavailable, and the defendant had no prior opportunity to cross examine the declarant, the statement cannot be admitted.

Statements are nontestimonial when made during police interrogations if primary purpose of interrogation is to enable police assistance to meet an ongoing emergency. Testimonial if primary purpose is to establish or prove past events potentially relevant to criminal prosecution..

Exception : An accused can forfeit his right to confrontation through wrong doing specifically causing the witness’s unavailability.

Question 34

5A Miranda***

Answer 34

There is a 5A right against compelled self –incrimination. An accused subject to a custodial interrogation must be given Miranda warnings prior to the interrogation. If not, any statement they make during the interrogation may not be introduced in evidence at their criminal trial. An interrogation is questioning initiated by law enforcement officers, or its functional equivalent.

Custody
An individual is in custody if there is a formal arrest or a restraint on freedom of movement of the degree associated w/a formal arrest. A court must ask whether a reasonable person would have felt free to leave. This is an objective inquiry. A determination is made based on the totality of circumstances.

Question 35

Landlord retaliation against a tenant*

Answer 35

If a tenant exercises a legal right, a landlord cannot retaliate. Retaliation is presumed if the landlord acts within 90 days after the tenant exercises his legal right.

Question 36

Evicting a tenant using summary proceedings***

Answer 36

Landlord should serve the tenant a 7 day written demand for nonpayment of rent. Tenant can pay or leave within 7 days of delivery. If tenant does not pay, landlord can file a complaint for eviction in court. No earlier than 7 days after complaint is filed, the court may set the matter for a hearing which should be limited to the issue of nonpayment of rent.

If tenant appears and is unable to pay court will issue judgment for rent and possession. If there is a reason tenant is not paying is because of a problem on the premises, landlord should ask for rent to be held in escrow while merit of tenant’s complaint is investigated.

Tenant has 10 day appeal period, because in either case a judgment requiring payment of rent is required. Tenant has 10 day appeal period.

Question 37

Fixtures & Trade Fixtures*** [HEAVILY TESTED]

Answer 37

A fixture is a chattel so affixed to the land that it becomes part of the realty. It cannot be removed by the seller or a tenant.

Test to determine if something is a fixture:

1) degree to which the item is annexed to the realty
2) extent to which item has become adapted to the use of the real estate and
3) whether the parties intended to make the good an accession to the real property

Trade fixtures are chattels that are used in business.

In a leasehold estate, a trade fixture is not a fixture at all. Thus a tenant at the termination of his lease may remove fixtures that he installed for his trade.

For non-leasehold estates, the 3 part test for fixtures is used.

Question 38

Recording Act

Answer 38

There is no requirement of recordation to have a valid title, but recording protects your interest against subsequent grantees. Michigan has a race notice act which protects subsequent grantees who are bonafide purchasers for value who take w/o notice and are first to record. Notice can be actual or constructive.

Question 39

Mortgage

Answer 39

A mortgage is a security interest in real property held by a lender as security for a debt.

Question 40

Statutory Right of Redemption

Answer 40

The statutory right of redemption allows a mortgagor to get property back after the foreclosure sale by paying the amount the purchaser paid for the property, plus all taxes, insurance, fees and interest. This has the legal effect of voiding the purchaser’s deed. For a non-abandoned residence subject to a mortgage executed after Jan 1, 1965, the redemption period is 6 months ( if amount due on mortgage at time of notice of foreclosure is more than 66% of the original indebtedness secured by the mortgage). Redemption period is 1 year, if amount owed is less than 66%. One month if property is abandoned

Question 41

Foreclosure by advertisement

Answer 41

Michigan recognizes foreclosure by advertisement.
To foreclose by advertisement
1) there must be a default on the mortgage loan, and a power of sale clause in the mortgage. Mortgage containing the power of sale must be properly recorded.
2) Mortgagee must publish notice that motgge will be foreclosed by sale by publishing the notice for 4 weeks at least one each week in a newspaper published in county where premises is located

3) within 15 days after the first publication of notice, the mortgagee must post a copy of the notice in a conspicuous place on the premises
4) a public foreclosure sale must be held and the purchaser must record the deed within 20 days of the sale.

Question 42

Tenancy in Common

Answer 42

Tenants in common have the right to possess the whole premises. They do not have a right of survivorship, and it is the default tenancy in Michigan.

Tenants in common can hold unequal shares of the land, and can convey their undivided interest or lease their interest to a 3rd party. Rent collected by the 3rd party must however be shared w/ co-tenants

Tenants in common have a right to compel partition. A partition can be by voluntary agreement or judicial action. The court will divide it or sell it and dive the proceeds

Question 43

Tenancy by the entirety

Answer 43

In Michigan, there is a common-law presumption that a tenancy by the entirety is created when a validly married couple takes property as joint tenants and share the unities of time, title, interest, and possession.

In a tenancy by the entirety, each spouse is considered to own the whole and, therefore, is entitled to the enjoyment of the entirety and to survivorship. A tenant by the entirety can’t unilaterally encumber, or dispose of the property. A tenant by the entirety, does not have a separate or individual property interest . Both tenants must act together.

A tenancy by the entirety ends if there is death, finalized divorce, mutual agreement, or a joint creditor of BOTH spouses forecloses on the interest

Question 44

Types of Tenancies

Answer 44

Terms for years: tenancy for a specific period of time, expires automatically at end date

Tenancy at will: either party may terminate at will w/ 1 month notice. Parties must expressly agree it is a tenancy at will or it becomes a periodic tenancy

Periodic Tenancy: no fixed end date, repeats until 1 party gives valid notice

Holdovers**: holdover tenancy when tenant stays on property past end date of lease. can treat as trespasser, evict and recover damages or impose a new tenancy