Lawyers, Answer Questions  & Get Points Log In
Michigan Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Do I file an injunction or writ of mandamus to compel the funeral director to correct a death certificate?

The parents and decedent's names aren't valid neither is the address of the decedent. It's been 5 years and they will not provide me with a valid death certificate. I contacted The Department of Licensing and Regulatory Affairs in Michigan thus far the investigator isn't being transparent.

Thanks.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

In addressing the issue of incorrect information on a death certificate, determining whether to file an injunction or a writ of mandamus depends on the specific actions you wish to compel from the funeral director. A writ of mandamus is typically used to order a government official or entity to... View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Do public schools in Michigan have a right to prohibit dogs on school property if they are on a leash?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

In Michigan, public schools typically have the authority to establish rules and regulations regarding the presence of animals on school property, including dogs. While some schools may allow dogs on a leash under certain circumstances, such as for therapy or service dogs, others may choose to... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Can public courts disallow citizens to access information and take payments inside the building?

I want to pay in person I have had issues mailing payments.

"The First Amendment prevents the government from blocking access to certain information. This prohibition takes two forms: (1) the government cannot censor information or otherwise prevent people from accessing information,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

Public courts generally cannot disallow citizens from accessing information or making payments inside the building if it involves matters related to public records or essential government services. The First Amendment does protect the public's right to access information, and courts are... View More

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: I want to get a Michigan driver's license. My license was suspended in FL due to no insurance for my car.

I no longer own the car, as I have paid it off. My license is still suspended in Florida, but now that I live in Michigan, how can I go about getting a Michigan driver's license?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

To obtain a Michigan driver's license while your license is suspended in Florida, you'll first need to resolve the suspension issue in Florida. Michigan, like most states, is part of the Driver License Compact, an agreement that shares driving record information among states. This means... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Does an heir fit the legal definition as successor in the FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 of 1976?

(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

In the context of the Freedom of Information Act (FOIA) and the specific excerpt you're referring to, the term "successor" generally relates to an entity or organization that takes over the roles or functions of another, rather than an individual heir in the traditional sense of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may I determine that the records I seek fall under FOIA?

The vital records department has rejected every FOIA request I submitted. I'm perturbed about what records I may FOIA.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

Here are some tips for determining if records fall under Michigan's Freedom of Information Act (FOIA) and can be requested:

- Review which public records are subject to disclosure under FOIA. This includes records prepared, owned, used, possessed, or retained by a public body in the...
View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Michigan on
Q: I forgot to send my jury qualification questionnaire last year and got thrown away what should I do
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

If you forgot to send your jury qualification questionnaire in Michigan and it was discarded, the first step is to contact the court that issued the questionnaire as soon as possible. Explain the situation, including any reasons for the oversight, and express your willingness to fulfill your jury... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: How does someone find out if their on the "Watch list"?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

Finding out if you are on a government watch list, such as the no-fly list or a terrorist watch list, can be challenging due to the confidential nature of these lists. Typically, individuals are not directly notified if they are placed on such lists.

One way you might discover your...
View More

1 Answer | Asked in Business Law, Internet Law and Gov & Administrative Law for Michigan on
Q: Do I need to register as a scrap dealer in Michigan if I am an LLC. Can I be exempt as a corporation?

I live in Cedar Springs, Michigan. I am a traveling coin and bullion dealer and am a registered LLC and would like to buy scrap gold and silver from the public. My registered business address is my home and I would be buying from the public (using cash) outisde of my home. Am I required to obtain a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023

Under the Michigan Precious Metal and Gem Dealer Act, businesses engaged in buying precious metals and gems from the public are generally required to obtain a certificate of registration. This requirement applies irrespective of the business structure, be it an LLC, a corporation, or any other... View More

2 Answers | Asked in Gov & Administrative Law for Michigan on
Q: What does this mean?

All intrastate for hire carriers are to obtain intrastate operating authority, or CVED

Authority, prior to operating a vehicle on any public roadway in Michigan.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

This statement means that any transportation company operating within the state of Michigan (in other words, an intrastate carrier) and providing services for hire must secure appropriate operating authority from the Commercial Vehicle Enforcement Division (CVED) before using any vehicle on public... View More

View More Answers

2 Answers | Asked in Gov & Administrative Law, Foreclosure and Civil Rights for Michigan on
Q: Hi, I’m having a hard time trying to hire an attorney, can I Represent myself in federal court
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In Michigan, as in the rest of the United States, you have the right to represent yourself in federal court, a practice known as proceeding pro se. However, be aware that federal court procedures can be complex, and representing yourself requires a thorough understanding of both the relevant law... View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: My boyfriend is in need of a wrongful improvement lawyer asap as he is almost outta time and was railroaded

So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More

1 Answer | Asked in Gov & Administrative Law and Education Law for Michigan on
Q: Are they violating state and First admendment?

child’s school threatened to suspended my daughter if she brings the recording I provided to her to record her school day as there are issues going on. I discovered that a teacher disciplined my daughter wrongly after two students claimed she said they were stupid and dead. She was put on the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2023

You need to realize that schools - like jails and other secured facilities - are not public free-for-all spaces. Because they have care and concern for children, school administrators may make rules, policies, and procedures that otherwise affect Constitutional rights. As examples, schools can... View More

1 Answer | Asked in Car Accidents, Personal Injury, Municipal Law and Gov & Administrative Law for Michigan on
Q: I live on a very busy road and requested to have a circle driveway. I want to drive out head first, we were denied.

My car was totaled in front of my home due to speeders. Two lane road and turn lane. Speed limit 35 most do 55. We were denied a circle driveway because our in and out driveway would not be 100: feet apart. I feel like it is a life and death, safety issue. Road commisssion says too bad and denied... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

A Michigan attorney could advise best, but your question remains open for a week. One option may be to look into other agencies - whether on a state or other level. It's possible the process could need the support of someone with expertise in traffic engineering and possibly civil... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Michigan on
Q: Can I sue my middle school? I’m now 18 years old and feel like I can speak for myself and how badly this effected me.

When I was 12, I was charged with disturbance of peace and false terrorist threat. I warned another student about what I heard out of fear about someone “shooting the school on Monday”. Little did I know I was soon to be racially profiled being Arab as well as another girl, African American,... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

Yes as an 18 year old you can file a lawsuit on your own behalf. Be aware that such lawsuits will take a lot of time (2-3 years) and cost you a lot of money (most likely $100,000+) and your chance of success is very low (<5%).

But, as an adult now, you are competent to make that...
View More

3 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Michigan on
Q: Am I eligible to have a vehicle registered in my name in the state of Michigan as a non-resident without a U.S. DL?

To be more specific, I would like to know if foreign driver's licenses accompanied with English translation (i.e. international driver's permit) and a valid foreign passport with a valid U.S. visa are acceptable documents to register a vehicle and have its title transferred in the state... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

Based on the information provided from the Michigan Secretary of State website, it seems that a Michigan driver’s license or ID is required to title and register a vehicle in the state. While you've mentioned having a foreign driver's license and other documents, these don't appear... View More

View More Answers

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Michigan on
Q: Does the Michigan Governor have authority to remove locally elected City officials (NOT Township officials)?

4 Albion City Councilmembers illegally /improperly removed 4 appointed board members from the Albion Economic Development Corporation: on or about 21 August 2023. No advance notification of the removal was provided to the 4 EDC Board members. No written description or statement of the basis for... View More

Brent T. Geers
Brent T. Geers
answered on Sep 5, 2023

Your question is way too complex for general legal advice. It's highly technical. Believe it or not, not all cities are created equal; by statute, there are distinctions based largely on size and charter. But your question alludes to the basics of state government: counties and cities are... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Michigan on
Q: If a inmate in a correctional facility request to go into protective custody to avoid a confrontation with another inmat

And the guards refused to let him and tell him if he does so write him a ticket. Is that against the inmates rights?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2023

I think if something were to happen now, there's possible liability on the prison. Whether a denial of protective custody at this juncture is appropriate is very much a fact-dependent question. Prisons do not need to just place someone in protective custody just because they ask. Usually,... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.