Evidence in Michigan Courts: A Guide to Rules 201-202

Evidence in Michigan Courts: A Guide to Rules 201-202

Jan 17, 2024 | Blog, Michigan Rules of Evidence

Michigan Rules of Evidence: A Guide to Rules 201-202

Understanding the Michigan Rules of Evidence is crucial for anyone involved in legal proceedings within the state.

This article focuses on two key rules: 201** (Judicial Notice of Adjudicative Facts)** and 202** (Judicial Notice of Law)**, providing a concise and informative overview of their purpose, scope, and application.

Rule 201: Judicial Notice of Adjudicative Facts

This rule empowers the court to take certain facts, known as “adjudicative facts,” as true without requiring formal proof during a trial.

These facts must be:

  • Not subject to reasonable dispute: They are either universally accepted within the court’s jurisdiction or readily verifiable from reliable sources.
  • Examples: Commonly-known geographic features, population statistics, or widely-accepted scientific principles.

The court can take notice of these facts either:

  • On its own initiative: In situations where the fact is readily apparent and critical to the case.
  • At the request of a party: If the party provides sufficient information and allows opposing parties time to prepare.

Rule 201: Judicial Notice of Adjudicative Facts

This rule empowers the court to take certain facts, known as “adjudicative facts,” as true without requiring formal proof during a trial.

These facts must be:

  • Not subject to reasonable dispute: They are either universally accepted within the court’s jurisdiction or readily verifiable from reliable sources.
  • Examples: Commonly-known geographic features, population statistics, or widely-accepted scientific principles.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Have you been charged with a crime?

Call our office to see if we can help
Komorn Law  248-357-2550

Rule 202: Judicial Notice of Law

Similar to Rule 201, this rule allows the court to acknowledge certain legal matters without requiring formal presentation of evidence. These matters include:

Law in force: This encompasses the common law, constitutions, and public statutes of all jurisdictions within the United States.
Private acts and resolutions: These are specific legislative documents passed by Congress or the Michigan Legislature.

Local ordinances and regulations: These are rules established by governmental subdivisions or agencies within Michigan.
Foreign laws: The court can take notice of foreign laws upon proper presentation of evidence.

The court may take notice of these legal matters either:

On its own initiative: In situations where the law is readily apparent and relevant to the case.

At the request of a party: If the party provides sufficient information and allows opposing parties time to prepare.

Key Differences between Rules 201 and 202:

Type of knowledge: Rule 201 deals with factual matters, while Rule 202 deals with legal matters.

Scope: Rule 201 applies to facts within the court’s jurisdiction, while Rule 202 has a broader scope covering national, state, local, and even foreign laws.

Onus of proof: For Rule 201, the burden of proof lies with the party requesting judicial notice to provide the necessary information. For Rule 202, the court may take notice on its own initiative, but parties can still object or challenge the accuracy of the legal matter.

Important:

This article provides a simplified overview of the Michigan Rules of Evidence for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance.

The Michigan Rules of Evidence are subject to change over time. Always consult the latest official version for accurate information.

Here is the link to the Michigan Rules of Evidence Handbook. Check the footer for the latest update.

 

Related Articles

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

More Posts

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Scientists Discover The Reason Cannabis Causes The Munchies

Scientists Discover The Reason Cannabis Causes The Munchies

Jan 16, 2024 | Blog, Educational, Science, USA news

For the first time, scientists have uncovered the precise neurological impacts of cannabis use that give rise to the phenomenon famously referred to as the “munchies,” as revealed by an innovative study backed by federal funds.

Researchers at Washington State University (WSU) have recently published their findings in the journal Scientific Reports, shedding valuable light on the neural mechanism through which cannabis activates a specific cluster of neurons in the hypothalamus region of the brain, resulting in an increased stimulation of appetite.

The hunger-inducing effects of marijuana are well-known among consumers. However, recent findings from animal research provide valuable insights that could potentially lead to targeted therapeutics for addressing conditions such as anorexia.

RESTORE YOUR SECOND AMENDMENT RIGHTS
RESTORE YOUR PROFESSIONAL LICENSE
RESTORE YOUR DRIVER LICENSE
RESTORE YOUR PAST (Expungements)

Call our Office for a free case evaluation
Komorn Law (248) 357-2550

(tap here to call now)

Professional License Restoration / Rights Restoration / Record Expungments / Driver License Restoration

After exposing mice to vaporized cannabis, the researchers utilized calcium imaging technology, akin to a brain MRI, to monitor the changes in neuron activity. Through their investigation, they discovered that marijuana vapor attached to cannabinoid-1 receptors in the brain and activated Agouti Related Protein neurons in the hypothalamus, commonly known as “feeding” neurons.

Calcium imaging has been used to study the brain’s reactions to food by other researchers, but this is the first known study to use it to understand those features following cannabis exposure.

As part of this research, it was discovered that the cannabinoid-1 receptor, which is a target of cannabis, regulates the activity of Agouti Related Protein neurons. These particular neurons are well-known for their involvement in controlling feeding behavior and are located in the hypothalamus. This finding sheds light on the intricate connection between the cannabinoid system and the regulation of these essential cells in the brain.

With the help of this information, scientists employed a “chemogenetic” technique, acting as a molecular light switch, to specifically target these neurons in animals exposed to cannabis. By deactivating these neurons, the appetite-stimulating effects of cannabis were no longer present.

Komorn Law – Federal Courts and All Michigan Courts

“We now know one of the ways that the brain responds to recreational-type cannabis to promote appetite,” said Davis.

This work builds on previous research on cannabis and appetite from Davis’ lab, which was among the first to use whole vaporized cannabis plant matter in animal studies instead of injected THC—in an effort to better mimic how cannabis is used by humans.  

In the previous study, researchers discovered genetic alterations in the hypothalamus as a response to cannabis. Therefore, in this investigation, Davis and his colleagues specifically concentrated on this particular region.

Now tell us why it makes food taste so much better!

Read more here – Cannabis activates specific hunger neurons in brain

More Posts

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Evidence in Michigan Courts: A Guide to Rules 101-106

Evidence in Michigan Courts: A Guide to Rules 101-106

Jan 16, 2024 | Blog, Michigan Rules of Evidence

Navigating the legal system can be daunting, especially when it comes to understanding the rules governing evidence.

This article sheds light on the first six articles of the Michigan Rules of Evidence (MRE), providing a helpful summary for legal professionals, litigants, and anyone interested in gaining insights into how evidence is handled in Michigan courts.

Rule 101: Scope and Definitions

Firstly, MRE 101 establishes the scope of the rules, specifying that they apply to all proceedings in Michigan courts, with exceptions outlined in Rule 1101. It also clarifies key terms like “civil case” and “record,” ensuring consistent interpretation throughout.

Rule 102: Purpose

MRE 102 sets the guiding principle for interpreting the rules: fairness, efficiency, and truth-seeking. It emphasizes administering proceedings justly, minimizing unnecessary cost and delays, and ultimately, ensuring accurate outcomes.

Rule 103: Rulings on Evidence

This rule outlines how to preserve objections and offer proof. To challenge a ruling admitting evidence, a party must object promptly, state the specific reason, and offer a motion to strike. In case of exclusion, the party must inform the court of the evidence’s content through an offer of proof, unless already clear from the context.

Rule 104: Preliminary Questions

MRE 104 addresses situations where the judge must decide a preliminary question, such as witness competency or hearsay exceptions, before determining whether evidence is admissible. The rule allows both parties to present evidence on the preliminary issue, ensuring a fair and informed decision by the judge.

Rule 105: Limiting Admissibility

This rule acknowledges that some evidence, though relevant, might be prejudicial or confusing. MRE 105 empowers the judge to limit the admissibility of such evidence in various ways, like allowing only specific portions, instructing the jury, or imposing an “admonition” to disregard certain aspects. This ensures a balanced presentation of evidence that focuses on the relevant issues.

Rule 106: Remainder of or Related Writings

Finally, MRE 106 addresses situations where a party introduces part of a writing or recording. This rule grants the opposing party the right to introduce any other portion or related document that provides context and fairness. This prevents distortion and ensures the jury hears the complete picture.

Conclusion

These six initial rules of the MRE lay the foundation for a fair and efficient legal system in Michigan. By understanding their purpose and application, individuals can navigate the courtroom with greater confidence and contribute effectively to the pursuit of justice.

Important:

This article provides a simplified overview of MRE 101-106 for informational purposes only. It should not be interpreted as legal advice. When facing legal matters, always consult with a qualified attorney for professional guidance. It is suggested that you read the unsummarized rule. Here is the link to the Michigan Rules of Evidence Handbook

 

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Have you been charged with a crime?

Call our office to see if we can help
Komorn Law  248-357-2550

Related Articles

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

More Posts

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Maker of CBD products asks court to decide

Maker of CBD products asks court to decide

Jan 15, 2024 | Blog, Supreme Court, USA news

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Organized crime, from the mafia to small-time money laundering schemes, often evades criminal prosecution. To bolster efforts to fight organized crime, Congress passed the Racketeer Influenced and Corrupt Organizations Act, known as RICO, more than 50 years ago.

In addition to the criminal penalties for violating RICO, the law also authorizes private individuals to bring civil lawsuits for an injury to their “business or property” as a result of the defendant’s “racketeering activity,” which the law defines broadly to include a wide range of criminal offenses.

This week, we highlight petitions that ask the court to consider, among other things, whether someone can sue under RICO to recover lost earnings.

Marketed as “a revolution in medicinal hemp-powered wellness,” Dixie X is a CBD supplement that claims to offer a variety of health benefits. After learning about Dixie X in a magazine, Douglas Horn began using the supplement in 2012 to soothe pain and inflammation from a car accident. Although the ad claimed that the supplement does not contain any THC (the active ingredient in marijuana),

RESTORE YOUR SECOND AMENDMENT RIGHTS
RESTORE YOUR PROFESSIONAL LICENSE
RESTORE YOUR DRIVER LICENSE
RESTORE YOUR PAST (Expungements)

Call our Office for a free case evaluation
Komorn Law (248) 357-2550

(tap here to call now)

Professional License Restoration / Rights Restoration / Record Expungments / Driver License Restoration

Satisfied, Horn began using Dixie X. Shortly after, he failed a random drug test at work and was fired. Suspecting the supplement, Horn sent a batch to an independent lab, which found that the product contained THC.

Horn went to federal court in New York, arguing that the company that sold Dixie X, Medical Marijuana, Inc. – which, despite its name, deals only in hemp-based CBD products – was responsible for his termination. Part of his lawsuit alleged violations of state law, including a claim that he was fraudulently induced to purchase the supplement while unaware of its risks. But Horn also argued that the company injured his “business or property” under RICO by conspiring to commit federal mail and wire fraud that resulted in the loss of his salary.

In Medical Marijuana, Inc. v. Horn, the maker of Dixie X asks the justices to grant review and reverse the 2nd Circuit’s ruling. The company argues that economic harm stemming from a personal injury has no business, so to speak, under RICO. “If quintessential personal injuries count as injuries to ‘business or property’ just because economic damage inevitably results,” the company writes, “Congress’ careful limitation on civil RICO claims would be toothless.”

Read the Rest here at ScotusBlog

Komorn Law – Federal Courts and All Michigan Courts

A list of this week’s featured petitions is below:

Yim v. City of Seattle, Washington
23-329
Issue: Whether Seattle’s restriction on private owners’ right to exclude potentially dangerous tenants from their property violates the 14th Amendment’s due process clause.

Amer v. New Jersey
23-351
Issues: (1) Whether a defendant is always “unable to stand trial” under Article VI(a) of the Interstate Agreement on Detainers while a pretrial motion is pending; and (2) whether a defendant has been “brought to trial” within 180 days of his request for final disposition of charges under Article III(a) of the agreement at the point when jury selection begins.

Medical Marijuana, Inc. v. Horn
23-365
Issue: Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act.

Bhattacharya v. State Bank of India
23-390
Issue: Whether, to establish a “direct effect in the United States” under 28 U.S.C. § 1605(a)(2), a plaintiff must make an extratextual showing that either the sovereign engaged in a U.S.-based “legally significant act,” or that the U.S. effects were “legally significant” in addition to being direct.

More Posts

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Examining Michigan’s Act 247 and the Publication of Notices

Examining Michigan’s Act 247 and the Publication of Notices

Jan 15, 2024 | Blog, Michigan Laws

Are Newspapers Still the Town Crier in a Digital Age?

Examining Michigan’s Act 247 and the Publication of Notices

In today’s rapidly evolving digital landscape, the role of traditional media like newspapers is constantly under scrutiny. Yet, in Michigan, a 1963 law, Act 247, still mandates the publication of certain legal notices in newspapers. This blog delves into the intricacies of Act 247 and its continued relevance in the 21st century.

Act 247: A Legacy of Public Awareness

Enacted in 1963, Act 247 governs the publication of legal notices in newspapers within the state of Michigan. These notices encompass a wide range of official matters, including:

  • Public hearings: Announcements of public hearings regarding zoning changes, construction projects, and other issues affecting local communities.
  • Estate matters: Probate notices, notifications of creditors, and changes in estate administration.
  • Tax information: Delinquent property tax notices, public auctions, and changes in tax rates.
  • Election information: Dates, deadlines, and candidate qualifications for upcoming elections.
  • Business formation: Notices of business incorporation, mergers, and dissolutions.

The rationale behind Act 247 is rooted in the principle of public access to information. Newspapers, with their widespread circulation and historical role as community hubs, were seen as the most effective means to ensure that all citizens were aware of important legal proceedings and decisions impacting their lives.

Have you been charged with a crime?
Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?

Call our office to see if we can help
Komorn Law  248-357-2550

The Digital Dilemma: Is Print Still King?

However, the digital revolution has challenged the primacy of newspapers. Online news platforms and social media have emerged as powerful alternatives for disseminating information.

Critics argue that relying on print publications for legal notices is outdated and inefficient, potentially excluding those who don’t regularly read newspapers or have limited internet access.

Furthermore, the cost of publishing legal notices in newspapers can be significant, especially for small businesses and individuals.

This raises concerns about accessibility and affordability, particularly for marginalized communities who do not have the desire to read a newspaper.

Finding a Balance: The Future of Legal Notices

Despite these challenges, Act 247 continues to hold value. Newspapers, with their established legal framework and editorial standards, offer a level of authenticity and accountability that online platforms may not always provide. Additionally, many local newspapers maintain strong ties to their communities, ensuring wider reach than solely online platforms.

Moving forward, the key lies in finding a balance between tradition and innovation. Exploring alternative publication methods, such as online government portals or designated community notice boards, could improve accessibility and reduce costs. However, it’s crucial to ensure these alternatives are equally reliable and reach the intended audiences.

—> Link to online public notices for Michigan.

The debate surrounding Act 247 and the publication of legal notices in newspapers reflects a broader conversation about the evolving role of traditional media in a digital age. While embracing new technologies is essential, it’s equally important to recognize the strengths and value of established systems like newspapers. Finding a way to leverage both the reach of the digital world and the reliability of traditional media can ensure that all citizens have access to the information they need to participate actively in their communities.

Here’s the Michigan Law (Link)

PUBLICATION OF NOTICES IN NEWSPAPERS (EXCERPT)
Act 247 of 1963

691.1051 Newspaper; definition; publication of notices; duties of newspaper operator.

Sec. 1.

  (1) As used in any statute of this state in relation to the publication of a notice of any kind, unless the statute expressly provides otherwise, “newspaper” means a print publication published in the English language for the dissemination of local news of a general character or for the dissemination of legal news to which all of the following apply:
  (a) There is a bona fide list of paying subscribers to the publication or the publication has been published at not less than weekly intervals in the same community without interruption for at least 2 years.
  (b) The publication has been published and of general circulation at not less than weekly intervals without interruption for at least 1 year in the required area. A newspaper shall not lose eligibility for interruption of continuous publication due to any of the following:
  (i) An act of God.
  (ii) Labor disputes.
  (iii) The COVID-19 pandemic, for the period beginning March 10, 2020 through the end of the COVID-19 pandemic.
  (iv) Military service of the publisher for a period not to exceed 2 years and provided publication is resumed within 6 months following the termination of such military service.
  (c) The publication annually averages at least 25% news and editorial content per issue.
  (2) A person that operates a newspaper in which a notice is published under this section shall do both of the following, at no additional cost beyond what the person charges for the print publication:
  (a) Within 72 hours of receipt of a request to publish a notice, provide access to the notice on the website of the newspaper. The website must satisfy all of the following requirements:
  (i) The website homepage must have a link that takes a viewer to an area of the website where notices published under this section are available for viewing. This area of the website cannot be placed behind any sort of pay wall and the public must be able to read the notices at no charge.
  (ii) Notices published under this section must remain on the website during the full required publication period.
  (iii) Notices published under this section must remain searchable on the website as a permanent record of the publication.
  (b) Place the notice on a website that is established and maintained by a state association of newspapers that represents a majority of newspapers in this state as a comprehensive central repository for notices published under this section throughout this state. The website must do all of the following:
  (i) Provide for searching for a notice published under this section by criteria contained in the notice.
  (ii) Maintain all notices published under this section on a permanent basis.
  (iii) Provide access through standard computer browsers and mobile platforms, such as smartphones and tablets.
  (iv) Provide a method to alert the public of notices published under this section by text message or email notification, or both.
  (3) An error or omission in the posting of a notice on the internet under subsection (2) does not invalidate the notice published in the print version of the newspaper.
  (4) If there is no publication that meets the definition in subsection (1) in the required area, “newspaper” means a publication in an adjoining county, township, city, village, district, or other geographic territory, as applicable, that meets the definition in subsection (1).
  (5) A person that operates a newspaper that publishes a notice shall maintain a permanent and complete printed copy of each published edition that contains the notice for archival and verification purposes in the required area.
  (6) A publication that meets the definition under subsection (1) but that is controlled by the person on whose behalf the notice is published or by an officer, employee, agent, or affiliate of the person is not qualified to serve as a newspaper for publication of the notice.
  (7) As used in this section:
  (a) “Controlled” means that the person has 1 or more of the following:
  (i) Ownership of or the power to vote, directly or indirectly, more than 50% of a class of voting securities or voting interests of the person that operates the publication.
  (ii) Power by the person’s own action to elect or appoint a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of the person that operates the publication.
  (iii) The legal right by the person’s own action to direct, restrict, regulate, govern, or administer the management or policies of the person that operates the publication.
  (b) “End of the COVID-19 pandemic” means the earliest date after March 10, 2020 on which none of the following are in effect:
  (i) A presidential declaration of national emergency under the national emergencies act, 50 USC 1601 to 1651, relating to COVID-19.
  (ii) An executive order issued by the governor during a state of disaster or emergency declared under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or 1945 PA 302, MCL 10.31 to 10.33, relating to COVID-19.
  (iii) An emergency order issued under section 2253 of the public health code, 1978 PA 368, MCL 333.2253, relating to COVID-19.
  (c) “Internet” means that term as defined in 47 USC 230.
  (d) “News and editorial content” means any content other than paid advertising.
  (e) “Notice” includes an order, ordinance, advertisement, report, and any other statement or information required by statute to be published.
  (f) “Required area” means the county, township, city, village, district, or other geographic territory where the statute requires the notice to be published or the newspaper to be published, circulated, or printed.
  (g) “Website” means a collection of pages of the internet, usually in html format, with clickable or hypertext links to enable navigation from 1 page or section to another, that often uses associated graphics files to provide illustration and may contain other clickable or hypertext links.

More Posts

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.