Units 1-3
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Court of General Jurisdiction
Circuit Court
 Civil and Criminal
 Over 25k and Felonies
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Court of Limited Jurisdiction
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District, Probate, Small Claims Court
Lower amount of money, misdemeanors, and
preliminary hearings
Court of Equity
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Actions where remedy is not monetary (compare
court of law)
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Federal
Diversity
 Federal Question
 Special Statute conferring jurisdiction
 Supplemental jurisdiction [28 USC 1367]
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Michigan
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Supreme Court and Court of Appeals
Circuit Court (Incl. Probate & Family Division)
District Court
Court of Claims – claims against state and agencies
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Only in Federal Courts
Exists when plaintiff & defendant are from
different states
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Or one party is a foreign citizen
Must be complete diversity-every plaintiff and
defendant must be of separate states
And the amount in controversy exceeds 75k
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Courts power over a person
Person/property must be within the jurisdiction of
the court
Long Arm Statutes-when defendant is not in state
Domicile
 Incorporated
 Continuous & systematic part of general business
 Consent
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In rem-rights of all persons to specific property
Quasi in rem-rights of specific person and specific
property
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Summons
Complaint-essential elements of claim/defense
Answer
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Reply
Amendment
Counter Claim-defendant claim against plaintiff
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Affirmative Defenses
Compulsory & Permissive (MI = permissive)
Cross Claim-defendant claim against co-defendant
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Non-compulsory
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Special type of joinder
3rd party (stakeholder) holds property subject
to conflicting claims by multiple parties
Used to avoid double liability by bringing all
parties together in a single action
Generally deposit the property (stake) with the
court until rights are determined
Once deposited with the court, no longer liable
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Lack of personal jurisdiction
Lack of subject matter jurisdiction
Service of process was insufficient
Party lacks legal capacity to sue
The claim is barred because of release, payment, prior
judgment, immunity granted by law, statute of limitations,
statute of frauds, an agreement to arbitrate, infancy or other
disability of the moving party, or assignment or other
disposition of the claim before commencement of the action.
Opposing party has failed to state a claim on which relief
can be granted
Except as to the amount of damages, there is no genuine
issue as to any material fact, and the moving party is
entitled to judgment or partial judgment as a matter of law.
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Personal service – serve the person or authorized
agent
Service by mail
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Service by publication
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Federal – First class mail
Michigan – Registered (certified) mail
Defendant resides out of state
Whereabouts of defendant & residence are unknown
E-service
Fax
Proof of service - affidavit
Failure to serve properly does not mean dismissal
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Numerousness – greater than 40
Common questions of law and fact
Typicality – claims of rep must be typical of
class
Adequate Rep (lawyer)
Meet Any of Rule 23(b)
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Separate actions yield inconsistent results
Defendant has refused to act and injunctions or
declatory relief is appropriate
Common questions are predominant over
individuals and class action is superior method
FEDERAL
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Minimal diversity
Amount in controversy
exceeds $5 million
Class has at least 100
members
MICHIGAN
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Same as Fed except:
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Class action must be
superior method
Notice is required
Class members must have
ability to opt out
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Purpose is to make sure all parties are on same
foot and to ensure fairness (No Surprises)
Broad discovery rules and duty to supplement
Initial disclosures
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Names of people who could have info, documents,
computation of damages, Insurance info
Methods
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Interrogatories
Admissions
Depositions
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Motion to dismiss
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Motion for summary judgment
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No genuine issue of material fact
Motion to compel
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Any of the grounds of affirmative defenses
Usually used to make party comply with discovery
Show cause
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Somebody is in trouble!!
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Preponderance of the evidence
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Clear and convincing
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Most common in civil cases
Least burden – prove by 51%
Highest burden in civil cases usually parent
termination proceedings
Beyond a reasonable doubt
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Highest burden to meet
Used in criminal cases only
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Jury Trial v Bench Trial
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Petit Jury (Trial jury)
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Bench – Judge sits as finder of fact and law – must give specific
rulings
Jury – Citizens sit as finders of fact (only) and verdict can be
inconsistent
Criminal-must waive right to jury
Civil – must assert right or lose it
Jury made up of the people
6-12 jurors plus 1-2 alternates
Grand Jury-only for criminal and only to determine if
enough to charge (closed hearings)
Voir Dire – Picking of the jury (fair and impartial)
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Challenge for cause or peremptory challenges
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Subpoenas – method for getting people or exhibits
for trial
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Exhibits – any document or object admitted into
evidence (by judge)
Direct Examination
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Ad testificandum v duces tecum
Questions of a party’s own witness
Open ended questions
Cross Examination
Questions of an opposing party or adverse witness
Leading questions – questions that suggest an answer
(yes or no)
 Broad scope or latitude during cross exam
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Directed Verdict
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JNOV
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Used to overturn a jury verdict
If erroneously granted, can reinstate jury verdict instead of granting new
trial
Verdict against the evidence
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Generally after presenting party’s case in chief or before going to jury
If after all evidence in, opposing party must prevail
In the light most favorable to the nonmoving party
If erroneously granted, must have new trial
Used to overturn jury verdict also
Judge is 13th Juror
Sufficiency of Evidence
Mistrial – stopping trial before verdict is reached
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Hung Jury
Serious error that can’t be corrected by court
INJUNCTION
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Prevent a wrong or
injury
Legal remedy is
inadequate (damages)
Property right is
involved
Enforcement is practical
Hardship to def is not
outweighed by benefit
to plaintiff
TRO
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Irreparable and
immediate harm
Done in emergency
Has an expiration date
Can be done ex parte
Not favored by the
courts
Also called preliminary
injunction
UNIT 3
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Arrest-detention of a person (custody)
Arraignment-Start of judicial proceedings
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Indictment/Information-formal document of charges against a
defendant
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GJ-Citizens determine probable cause
PE-Judge determines probable cause
Bail-determine if defendant should remain in jail or be released
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Grand Jury=Indictment
Prosecutor=Information
Grand Jury v Preliminary exam-determination of probable cause
to see if defendant should proceed to trial
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Brought before judge, rights are read, and bail is set
Judge determines if defendant is flight risk and/or danger to community
Plea-plea guilty for lesser offense or lesser penalty
Sentence-probation, parole, or incarceration
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4th Amendment
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5th Amendment-due process
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Right to be free from unreasonable search & seizure
Warrant requirement-probable cause
Terry Stop-stop & frisk (reasonable suspicion)
Exclusionary rule-remedy for violating the 4th
Amendment-suppress evidence which usually leads to
dismissal
Miranda-right to an attorney when being interrogated
(custodial interrogation)
6th Amendment
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Right to Counsel-attaches at arraignment
Speedy Trial-attaches at arrest
Double Jeopardy-attaches at conviction
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Actus Reus-physical component
Mens Rea-mental component
Need both Actus Reus and Mens Rea to be charged
with a crime
Malice
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Does not mean ill will
Depraved heart or depraved indifference
Reckless disregard for the safety of others
Felony-crime where imprisonment can exceed 1
year
Misdemeanor-crime where imprisonment is 1 year
or less
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Assault & Battery
Arson
Burglary-Home Invasion
Bigamy
Embezzlement
Extortion
Rape-Criminal Sexual Conduct
Robbery
Sodomy
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Homicide-killing of another
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Murder-1st and 2nd degree
 Issue is intent to kill
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Felony Murder-killing someone during the commission of a felony
 Felonies: Arson, Rape, Child abuse, Drug Delivery, Robbery,
Carjacking, Breaking & Entering, Larceny, Extortion, Kidnapping,
Vulnerable adult abuse, torture, and Aggravated stalking
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Accessory
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Manslaughter-killing in the heat of passion
Same as aiding & abetting except in Mich
In Mich-Accessory after the Fact-concealing or hiding the
defendant
Aiding & Abetting-encourages and assists in the
commission of crime
Conspiracy-Agreement to commit a crime
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Don’t actually have to commit the crime-agreement is enough
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Self-Defense
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Defendant must have an honest and reasonable
belief of imminent danger
Deadly force can only be used in response to deadly
force
Alibi
Insanity
Defendant did not appreciate his actions (impulsive)
 Cannot tell the difference between right and wrong
 Few mental diseases are recognized
 Very easy to be found legally sane
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