MICHIGAN BAR EXAM DISTINCTIONS
Michigan is a UBE jurisdiction—it administers the Uniform Bar Examination, with its first UBE administration in February 2023. The UBE combines the national Multistate Bar Examination (MBE, 50%), the Multistate Essay Examination (MEE, 30%), and the Multistate Performance Test (MPT, 20%), and produces a portable score. Because the MEE tests general/majority law unless a question expressly names Michigan, the Michigan distinctions on this page matter chiefly for practice and for the rare state-named question—not because Michigan drafts its own essays. This page collects the Michigan departures from national MBE/MEE doctrine. Where Michigan simply follows the national rule, it is noted as such so you do not over-flag.
📘 This page covers only where Michigan law departs from the national MBE/MEE doctrine. For the universal law, see the MBE Subject Outlines and MEE Subject Outlines.
I. EXAM FORMAT & SCORING
A. Michigan Administers the UBE
MI Rule: Michigan has adopted the UBE, first administered in February 2023. The exam is the standard two-day UBE: the MBE (200 multiple-choice questions, 50%), the MEE (six 30-minute essays, 30%), and the MPT (two 90-minute tasks, 20%). The written components are drafted by the NCBE, not by Michigan, and are graded against general/majority law. National/UBE: this is the standard UBE structure. Michigan: same—so the substance tested on the written portions is multistate law, not Michigan-specific law (unless a question expressly names Michigan).
B. Scoring and Passing
MI Rule: Michigan's minimum passing UBE score is 268 (on the standard 400-point UBE scale), and the score is portable—it can be transferred to other UBE jurisdictions (subject to each one's minimum score and transfer window), and a qualifying UBE score earned elsewhere can be transferred into Michigan. National/UBE: portable 400-point score. Michigan: same—portable, cut score 268.
ESSAY WRITING TIP: On the MEE you are graded on general law unless a question expressly asks for Michigan law, so do not write Michigan-specific rules into a UBE essay. Reserve the Michigan distinctions below for an expressly Michigan-named question or for actual Michigan practice after admission.
MICHIGAN BAR TIP: Because Michigan gives the UBE, your highest-value preparation is mastering the multistate MBE/MEE/MPT outlines. Use this distinctions page to understand Michigan practice—no-fault auto insurance, EPIC (estates), Michigan business-entity acts, and Michigan civil procedure—rather than as primary testable essay content.
II. CIVIL PROCEDURE
A. Michigan Court Rules
MI Rule: Michigan civil procedure is governed by the Michigan Court Rules (MCR), which differ from the FRCP in important, testable ways. Notable Michigan features: (1) Michigan uses summary disposition under MCR 2.116 (with several enumerated grounds, e.g., (C)(8) failure to state a claim, (C)(10) no genuine issue of material fact) rather than the federal "motion to dismiss / summary judgment" labels; (2) Michigan has distinctive case-evaluation (formerly "mediation") sanctions—MCR 2.403—under which a party that rejects a case-evaluation award and fails to improve its position at trial may owe the opponent's costs and attorney fees; (3) Michigan's pleading and joinder rules have their own numbering. National (MBE/MEE): tested civil procedure is federal. Michigan: MCR concepts like summary disposition grounds and case-evaluation sanctions matter for Michigan practice (and a state-named question), not for the standard UBE essays.
B. Statutes of Limitations
MI Rule: Michigan's general limitations periods (MCL 600.5805 et seq.) include a three-year period for personal-injury and most tort actions, a six-year period for general contract and many other actions, and specialized periods (e.g., two years for medical malpractice, with a six-month discovery extension). National: limitations are state-specific. Michigan: three-year tort / six-year contract, with a distinctive malpractice scheme—relevant for Michigan practice and any state-named question.
ESSAY WRITING TIP: On a Michigan civil-procedure essay, frame dispositive motions as summary disposition under MCR 2.116(C)(8) or (C)(10), not as a federal Rule 12(b)(6)/Rule 56 motion. Spot case-evaluation sanctions when a party rejected an award. On the MBE, by contrast, apply the FRCP.
MICHIGAN BAR TIP: Memorize the MCR 2.116(C) summary-disposition grounds and the MCR 2.403 case-evaluation sanctions—both are classic Michigan essay testing points with no federal analog.
III. EVIDENCE
A. Michigan Rules of Evidence Track the FRE
MI Rule: Michigan has codified the Michigan Rules of Evidence (MRE), patterned on the Federal Rules with parallel numbering (MRE 401, 403, 801, etc.). Michigan recently restyled the MRE to mirror the modern FRE. The architecture matches the FRE, with a few Michigan-specific provisions (e.g., Michigan's treatment of certain privileges and its own case law on scientific evidence—Michigan applies a Daubert-style reliability standard under MRE 702 and Gilbert v. DaimlerChrysler). National (MBE): the FRE control. Michigan: MRE closely track the FRE; apply the FRE framework and watch the few Michigan wrinkles on the essays.
ESSAY WRITING TIP: On Michigan evidence essays, cite the MRE by number (they parallel the FRE). On the MBE, cite the FRE. The substance is nearly identical, so your FRE fluency transfers directly.
MICHIGAN BAR TIP: Note Michigan's Daubert-style MRE 702 reliability standard and any Michigan-specific privilege when an essay raises expert or privileged-communication issues.
IV. FAMILY LAW
A. Equitable Distribution; Not Community Property
MI Rule: Michigan is an equitable distribution state and is not a community-property state. On divorce, the court divides the marital estate equitably, generally excluding separate property unless it was commingled or the other spouse contributed to its acquisition/improvement, or invasion is needed for fairness (the Reeves / Sparks factors). National/MEE: equitable distribution is the majority rule. Michigan: aligns, with its own Sparks factors and separate-property invasion doctrine—testable on the essays.
B. No-Fault Divorce
MI Rule: Michigan is a pure no-fault divorce state—the sole ground is the statutory breakdown-of-the-marriage recitation (MCL 552.6). Fault may still be considered in property division and alimony but is not a ground. There is a residency requirement and a statutory waiting period. National: grounds vary. Michigan: pure no-fault.
C. Custody — The Michigan Child Custody Act
MI Rule: Michigan custody is governed by the Child Custody Act, which decides custody on the best interests of the child evaluated through twelve enumerated statutory "best interest" factors (MCL 722.23) and the doctrine of the "established custodial environment" (a court will not change an established custodial environment absent clear and convincing evidence it serves the child's best interests). National/MEE: best interests is universal but usually not reduced to twelve codified factors. Michigan: the twelve factors and the established-custodial-environment standard are distinctive, heavily tested essay material.
D. Child Support
MI Rule: Michigan uses the Michigan Child Support Formula (an income-shares-based formula). National/MEE: income-shares is the most common model. Michigan: aligns, applying its specific formula.
ESSAY WRITING TIP: On a Michigan custody essay, recite that custody turns on the best interests of the child under the twelve MCL 722.23 factors and analyze the established custodial environment before any change of custody. This statutory structure is exactly what Michigan graders look for.
MICHIGAN BAR TIP: Memorize the existence and function of the twelve best-interest factors and the established-custodial-environment burden—these are signature Michigan family-law testing points.
V. WILLS, TRUSTS & ESTATES
A. Michigan Adopted EPIC (UPC-Based)
MI Rule: Michigan enacted the Estates and Protected Individuals Code (EPIC), effective 2000, which is based on the Uniform Probate Code, and the Michigan Trust Code (based on the Uniform Trust Code). Because EPIC tracks the UPC, Michigan's wills/intestacy law aligns closely with the MEE-tested framework—but Michigan essays will cite EPIC (MCL 700.xxxx) sections. National/MEE: the MEE tests UPC rules. Michigan: EPIC = UPC-based, with Michigan citations.
B. Will Execution; Holographic Wills; Harmless Error
MI Rule: A Michigan will requires a writing, signed by the testator, and signed by two witnesses within a reasonable time after witnessing the signing or the testator's acknowledgment. Following the UPC, Michigan recognizes holographic wills (signature and material portions in the testator's handwriting; dated and signed) and applies the harmless-error/dispensing power under EPIC, allowing probate of a defectively executed document on clear and convincing evidence of testamentary intent. National: the strict-compliance majority rejects both. Michigan: UPC-style—recognizes holographic wills and harmless error.
C. Elective Share
MI Rule: Michigan's surviving spouse may elect against the will. Michigan did not adopt the UPC augmented-estate sliding scale wholesale; instead Michigan provides the surviving spouse an elective share of roughly one-half of the share the spouse would have taken in intestacy, reduced by one-half of the value of property derived from the decedent by other means (the EPIC elective-share formula, MCL 700.2202). National/MEE: the full UPC uses a sliding-scale augmented estate. Michigan: its own EPIC elective-share formula—worth memorizing for the essays.
D. Intestacy and Dower Abolition
MI Rule: EPIC's intestacy scheme follows the UPC, including spouse-favoring shares and per-capita-at-each-generation representation. Michigan abolished dower in 2017 (dower had survived in Michigan unusually late). National/MEE: UPC intestacy is the tested framework; common-law dower is generally obsolete. Michigan: UPC intestacy; note the recent dower abolition.
EXAMPLE: A Michigan decedent dies intestate survived by a spouse and two children who are also the spouse's children, and the decedent has no other descendants. Under EPIC (UPC-based), the surviving spouse takes the entire intestate estate. If the decedent had a child from a prior relationship, the spouse's share is reduced under the EPIC schedule—mirroring the UPC.
ESSAY WRITING TIP: On Michigan estates essays, cite EPIC and apply UPC-style rules: holographic wills, harmless error, per-capita-at-each-generation representation, and the EPIC elective-share formula (one-half of intestate share, reduced by half of property otherwise derived). Note dower abolition if the facts predate or straddle 2017.
MICHIGAN BAR TIP: EPIC is UPC-based, so your MEE wills study transfers well—but memorize the Michigan-specific elective-share formula and remember Michigan recognizes holographic wills and harmless error.
VI. REAL PROPERTY
A. Recording Act
MI Rule: Michigan is a race-notice recording jurisdiction (MCL 565.29)—a subsequent good-faith purchaser for value prevails over a prior unrecorded conveyance only if the purchaser takes without notice and records first. National/MBE: the MBE tests recording-act types generically. Michigan: race-notice—testable on the essays.
B. Adverse Possession
MI Rule: The statutory period for adverse possession in Michigan is fifteen years (tied to the fifteen-year limitations period for recovery of land), with the standard elements. National/MBE: the period is supplied in the facts. Michigan: fifteen years—shorter than the twenty-year period in many eastern states.
C. Mortgages and Nonjudicial Foreclosure
MI Rule: Michigan is a lien-theory state. Michigan permits foreclosure by advertisement (nonjudicial foreclosure under a power of sale, MCL 600.3201 et seq.)—the dominant residential method—as well as judicial foreclosure. Michigan provides a statutory redemption period after the foreclosure sale (commonly six months for residential property, longer for abandoned or agricultural property). National/MBE: lien vs. title theory and judicial vs. nonjudicial foreclosure are tested as concepts. Michigan: lien-theory, foreclosure by advertisement, with a post-sale statutory redemption period—frequently tested.
D. Homestead
MI Rule: Michigan provides a constitutional and statutory homestead exemption protecting a portion of a debtor's equity in a principal residence from certain creditors, plus a separate property-tax "principal residence exemption." National: homestead is state-specific. Michigan: a statutory homestead exemption (verify current figure).
ESSAY WRITING TIP: On Michigan property essays, apply race-notice recording, the fifteen-year adverse-possession period, and foreclosure by advertisement with its six-month redemption period. On the MBE, apply whatever recording-act type and foreclosure framework the facts establish.
MICHIGAN BAR TIP: Hold three Michigan property numbers: race-notice recording, fifteen-year adverse possession, and foreclosure by advertisement with a six-month redemption period for residential property.
VII. TORTS
A. Comparative Negligence — Michigan's Modified 51% Rule
MI Rule: Michigan applies modified comparative negligence. For economic damages, a plaintiff recovers reduced damages regardless of the percentage of fault. For non-economic damages, a plaintiff is barred if the plaintiff's fault is greater than 50% (the 51% bar)—i.e., a plaintiff more than 50% at fault recovers no non-economic damages but may still recover reduced economic damages (MCL 600.2959, .2957). National/MEE: the MEE tests pure/modified comparative as the facts specify. Michigan: a distinctive split—51% bar for non-economic damages only, with economic damages always available on a comparative basis—testable on the essays.
B. No-Fault Automobile Insurance (SIGNATURE MICHIGAN LAW)
MI Rule (FLAG): Michigan's defining tort statute is its No-Fault Automobile Insurance Act (MCL 500.3101 et seq.). Under no-fault, an injured person's own insurer pays personal protection insurance (PIP) benefits regardless of fault, and tort liability for non-economic damages (pain and suffering) is abolished except in limited circumstances—a plaintiff may sue in tort for non-economic loss only upon showing death, permanent serious disfigurement, or "serious impairment of body function" (the statutory threshold, refined in McCormick v. Carrier). Following the 2019 reforms, drivers may choose PIP coverage levels rather than the former unlimited-PIP mandate. National: most states use a traditional fault-based auto-tort system; the MBE/MEE do not test no-fault. Michigan: no-fault PIP and the serious-impairment threshold are core, frequently tested Michigan essay material.
C. Joint and Several Liability — Largely Abolished
MI Rule: Michigan has largely abolished joint and several liability. Under its tort-reform statutes (MCL 600.2956–.2957), liability is generally several only—each defendant pays only its allocated percentage of fault—with limited exceptions (e.g., certain medical-malpractice circumstances). National: states vary; many retain J&S. Michigan: several liability is the default—a notable distinction.
D. Damage Caps; Dram Shop
MI Rule: Michigan caps non-economic damages in medical-malpractice actions (a tiered statutory cap, adjusted annually—MCL 600.1483) and caps certain product-liability and governmental-liability damages. Michigan's Dram Shop Act (MCL 436.1801) provides the exclusive remedy against a licensed retailer that unlawfully serves a visibly intoxicated person or a minor, subject to a strict "name and retain" requirement and notice provisions. National: caps and dram-shop rules are state-specific. Michigan: med-mal non-economic caps and a notice-conditioned, "name-and-retain" Dram Shop Act—testable.
E. Governmental Immunity
MI Rule: Michigan has a broad governmental immunity statute (MCL 691.1407) with enumerated statutory exceptions (highway, motor-vehicle, public-building, proprietary-function, sewage, medical-care exceptions). Michigan immunity is notably broad. National: immunity is state-specific. Michigan: broad immunity with specific exceptions—a recurring essay topic.
ESSAY WRITING TIP: On a Michigan torts essay, spot the no-fault auto issue first when a motor-vehicle injury appears—analyze PIP benefits and the serious-impairment-of-body-function threshold before any common-law negligence. Apply several-only liability, the non-economic 51% bar, the med-mal cap, the Dram Shop Act's name-and-retain rule, and the governmental-immunity exceptions where relevant. On the MBE, ignore no-fault and apply ordinary negligence.
MICHIGAN BAR TIP (CRITICAL): No-fault auto insurance is THE Michigan tort distinction and a perennial essay subject. Memorize the PIP framework, the three serious-impairment thresholds (death, permanent serious disfigurement, serious impairment of body function), the abolition of joint-and-several liability (several only), the med-mal non-economic cap, the Dram Shop "name-and-retain" rule, and the broad governmental-immunity exceptions.
EXAMPLE: A Michigan driver is rear-ended and suffers a soft-tissue neck strain that resolves in two months. Under Michigan no-fault, the driver's own insurer pays PIP benefits regardless of fault, but the driver generally cannot sue the other driver for pain and suffering because the injury does not meet the serious-impairment-of-body-function threshold. In a traditional fault state, the driver could sue for non-economic damages. This is the heart of Michigan tort practice.
VIII. CONTRACTS / UCC & STATUTE OF FRAUDS
A. UCC Article 2 Enacted
MI Rule: Michigan has enacted UCC Article 2 for the sale of goods, consistent with the uniform text (MCL 440.2101 et seq.). National/MBE/MEE: the tested UCC is uniform. Michigan: aligns.
B. Statute of Frauds
MI Rule: Michigan's Statute of Frauds (MCL 566.106, .132) covers the standard categories—one-year, suretyship, marriage, land, and (under the UCC) goods ≥ $500. Michigan also has a statutory requirement that certain financial-institution lending commitments be in writing. National/MEE: the categories tested are identical. Michigan: tracks the standard categories with its lending-commitment wrinkle.
ESSAY WRITING TIP: Apply the standard SOF categories and UCC $500 threshold. On Michigan essays cite the MCL sections; the substance matches national contract doctrine.
MICHIGAN BAR TIP: Note Michigan's statutory requirement that loan commitments by financial institutions be in writing—an extra SOF-type category beyond the common-law list.
IX. BUSINESS ENTITIES
A. Michigan Entity Statutes
MI Rule: Michigan's corporate law is the Michigan Business Corporation Act (MBCA, MCL 450.1101 et seq.), broadly consistent with the Model Business Corporation Act; Michigan also has the Michigan Limited Liability Company Act and uniform partnership provisions. Michigan recognizes shareholder oppression remedies and its own derivative-suit and dissenters'-rights provisions. National/MEE: corporations are tested on MBCA/uniform principles. Michigan: aligns on fiduciary/formation doctrine, with Michigan-statute citations on the essays.
ESSAY WRITING TIP: Use MBCA and uniform partnership/LLC rules; on Michigan essays cite the Michigan acts (MCL 450.xxxx). The substantive fiduciary and formation doctrine matches your MEE study.
MICHIGAN BAR TIP: Know Michigan's shareholder-oppression and dissenters'-rights provisions—recurring corporate-essay points.
X. PROFESSIONAL RESPONSIBILITY
A. Michigan Rules of Professional Conduct
MI Rule: Michigan has adopted the Michigan Rules of Professional Conduct (MRPC), based on the ABA Model Rules. National/MPRE/MEE: PR is tested on the ABA Model Rules. Michigan: tracks the Model Rules with some local variations; the MPRE governs the ethics admission requirement. Because Michigan essays can test PR, cite the MRPC where a Michigan PR issue arises.
ESSAY WRITING TIP: Answer PR issues with the ABA Model Rules / MRPC—they align closely. On Michigan essays, cite the MRPC.
MICHIGAN BAR TIP: Michigan requires the MPRE. Note Michigan's IOLTA and trust-accounting rules for practice.
XI. CRIMINAL LAW & PROCEDURE NOTES
A. Michigan Penal Code
MI Rule: Michigan's criminal law is codified in the Michigan Penal Code (MCL 750.xxxx) but retains substantial common-law influence—Michigan still recognizes common-law crimes not abrogated by statute (e.g., common-law felonies under MCL 750.505) and uses common-law definitions for some offenses. Michigan grades homicide into first- and second-degree murder and manslaughter. Michigan criminal procedure follows the Michigan Court Rules. National/MBE: criminal law is tested on common law and the MPC. Michigan: a common-law-retaining codified scheme—testable on the essays.
B. No Death Penalty
MI Rule: Michigan was the first English-speaking jurisdiction in the world to abolish the death penalty (1846), and its prohibition is constitutional. National/MBE: capital sentencing is lightly tested. Michigan: no capital punishment, by constitution.
ESSAY WRITING TIP: On Michigan criminal essays, apply common-law and Michigan Penal Code rules and note that common-law crimes survive under MCL 750.505. On the MBE, apply common law and the MPC as the question directs.
MICHIGAN BAR TIP: Remember Michigan's catch-all common-law-crime provision (MCL 750.505) and the constitutional ban on the death penalty—distinctive Michigan criminal-law facts.
XII. MICHIGAN DISTINCTIONS CHECKLIST
- Format: UBE jurisdiction (first administered Feb 2023)—MBE 50% / MEE 30% / MPT 20%; minimum passing score 268; portable. The MEE tests general/majority law unless a question names Michigan, so the Michigan distinctions below matter for practice and for any state-named question, not because Michigan drafts its own essays.
- Torts — NO-FAULT AUTO (signature): No-Fault Act—PIP benefits regardless of fault; tort suit for non-economic loss only on death, permanent serious disfigurement, or serious impairment of body function (McCormick); 2019 PIP-choice reforms.
- Negligence: modified comparative—51% bar for non-economic damages only; economic damages always comparative.
- Joint & several liability LARGELY ABOLISHED—several-only allocation by fault.
- Caps/dram shop: med-mal non-economic cap (MCL 600.1483); Dram Shop Act with "name-and-retain" requirement; broad governmental immunity (MCL 691.1407) with enumerated exceptions.
- Civil procedure: Michigan Court Rules—summary disposition MCR 2.116(C)(8)/(C)(10); case-evaluation sanctions MCR 2.403; SOL 3 yrs tort / 6 yrs contract / 2 yrs med-mal.
- Evidence: MRE track the FRE (parallel numbering); Daubert-style MRE 702.
- Wills/estates: EPIC (UPC-based, 2000); recognizes holographic wills and harmless error; EPIC elective-share formula (½ of intestate share, reduced by ½ of otherwise-derived property); dower abolished 2017.
- Recording: race-notice (MCL 565.29); adverse possession 15 years.
- Foreclosure: lien-theory; foreclosure by advertisement with six-month redemption (residential); statutory homestead.
- Family law: equitable distribution (Sparks factors; separate-property invasion); pure no-fault divorce; twelve best-interest factors (MCL 722.23) and established custodial environment; Michigan Child Support Formula.
- Contracts: uniform UCC; standard SOF plus written-loan-commitment requirement.
- Entities/PR: MBCA (MCL 450.1101); shareholder-oppression/dissenters' rights; MRPC track ABA Model Rules; MPRE required.
- Criminal: retained common-law crimes except as abrogated by statute (catch-all MCL 750.505); first- and second-degree murder & statutory manslaughter; death penalty abolished (1846; constitutionally barred).
- Professional Responsibility: Michigan Rules of Professional Conduct track the ABA Model Rules with state variations; MPRE required; IOLTA and client-trust-accounting rules apply.