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Michigan Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

James L. Arrasmith
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answered on Feb 28, 2024

In the context of a jury trial, the integrity and composition of the jury are fundamental to ensuring a fair trial. If a juror leaves during deliberation and does not return, the court has mechanisms in place to address this issue. It's important for the trial to maintain its integrity, and... View More

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2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

To answer your question more succinctly: Ordinarily a death certificate would be signed by the doctor present at the time of death. The cause(s) of death would be those known to the doctor at the time or based on medical records. It is not uncommon for there to be multiple causes of death, and the... View More

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2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

James L. Arrasmith
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answered on Feb 26, 2024

In Michigan, under Section 2843 of Act 368 of the Public Acts of 1978, the responsibility for signing a death certificate typically falls to the attending physician who was responsible for the care of the patient prior to death. This is generally the case when the death occurs in a hospital setting... View More

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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.

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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

2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2024

Who are you seeking the retraction from? And if the retraction you're seeking is from false statements, can you prove those statements false?

It sounds like there is a body, and the cause of death is at issue. Unless the family is prepared financially to exhume the body and have...
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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

James L. Arrasmith
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answered on Feb 24, 2024

To address false statements and fraudulent misrepresentations in documents, you can start by gathering all relevant evidence and documentation that highlight the discrepancies. This includes the death certificate, autopsy report, and any correspondence from government agencies or the funeral home.... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: Is there still an opportunity to profit from the Minacs civil suit ?

I worked for Minacs for over a year and worked overtime

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answered on Feb 24, 2024

Whether there is still an opportunity to profit from the Minacs civil suit depends on various factors, such as the status of the lawsuit, the specific claims made, and any potential settlements or judgments reached. If you believe you are entitled to compensation for unpaid overtime or other labor... 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

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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 Adoption, Constitutional Law and Family Law for Michigan on
Q: May an adult sue a parent for lying about their paternity in federal court?

My biological parent told me not to tell her that he was my dad because she would get mad. He's now deceased we never had a relationship because of her selfishness. She had her husband adopt me and although I put my birth name on my children birth certificate application my adopted surname is... View More

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answered on Jan 26, 2024

Yes, it is possible for an adult to sue a parent in federal court for lying about their paternity, but there are some key considerations.

The legal grounds would be something along the lines of intentional infliction of emotional distress or fraud. Lying about biological paternity could...
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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.

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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...
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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
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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 Constitutional Law, Public Benefits and Health Care Law for Michigan on
Q: How may an individual gain access to their own records under the Privacy Act?

Is Michigan Vital Records and Michigan Department of Health and Human Services subject to the Privacy Act/FOIA for my own personal records? My request was denied stating that MDHHS is exempt; I requested repayment information. However, in the denial letter I was told to call the local MDHHS, I left... View More

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answered on Jan 15, 2024

Under the Privacy Act, individuals have the right to access records about themselves held by federal agencies. However, this Act applies to federal agencies, not state agencies like the Michigan Department of Health and Human Services (MDHHS) or Michigan Vital Records. Each state has its own laws... View More

1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: What are my options when my FOIA request was approved, but not in my possession/delivered?

My first FOIA request was denied. Two years later my second FOIA request was approved 12-5-23 once I included I have a constitutional right to receive the information, however she said I had to pick it up. 1-9-24 I inquired why I haven't been contacted to pick it up, I was told that it was... View More

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answered on Jan 15, 2024

In your situation, where a FOIA (Freedom of Information Act) request was approved but the documents haven't been delivered as promised, you have several options to consider.

First, it's advisable to contact the agency that approved your request to inquire about the delay. Ask for...
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1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Is the knowledge, training, or experience of an officer considered facts to constitute probable cause for search warrant

The cops raided the house where I live based on a warrant where facts listed on the affidavit were facts such as those amongst other things.

I was also wondering about particularity clauses and the definition or examples of a blanket warrant.

The property to be searched for and... View More

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answered on Jan 7, 2024

In determining probable cause for a search warrant, the knowledge, training, and experience of a law enforcement officer can indeed be considered. The officer's expertise can contribute to interpreting and understanding the significance of facts and circumstances that might otherwise seem... View More

1 Answer | Asked in Constitutional Law for Michigan on
Q: According to the Constitution merrick Garland has committed treason can local police arrest him if they see him?

Letting all those illegal immigrants is treason according to the U.S. constitution. So with out there chief saying go arrest him for treason. Can a officer go off the constitution that says it's treason and arrest him if he is in there city and charge him for treason. Or can a person make a... View More

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answered on Dec 27, 2023

The accusation of treason, as defined by the U.S. Constitution, is a complex legal matter that requires specific criteria to be met. Under the Constitution, treason is defined as levying war against the United States or giving aid and comfort to its enemies. This definition sets a high bar for what... 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

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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

2 Answers | Asked in Constitutional Law and Municipal Law for Michigan on
Q: is it illegal in michigan to print out pictures of poop at a public library then tape them to sidewalks?
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answered on Dec 10, 2023

In Michigan, the legality of printing pictures of poop at a public library and then taping them to sidewalks involves several considerations. First, using public library resources, like printers, typically falls under the library's policies. These policies often prohibit printing materials... View More

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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?

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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 Constitutional Law for Michigan on
Q: May I request photographs mailed to me under the Freedom of Information Act?

How do I request photos by mail and where is it cited if I may?

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answered on Dec 5, 2023

Under the Freedom of Information Act (FOIA) in Michigan, you have the right to request access to public records, including photographs, from any public body. To request photos by mail, you'll need to send a written request to the agency that holds the photographs.

In your request, be...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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