Law of Michigan
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law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
of
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...
consists of several levels, including constitutional, statutory, regulatory and case law. The '' Michigan Compiled Laws'' form the general statutory law.


Sources

The
Constitution of Michigan The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government. There have been four constitutions approved by the people of Michigan. The fi ...
is the foremost source of state law. Legislation is enacted by the
Michigan Legislature The Michigan Legislature is the legislature of the U.S. state of Michigan. It is organized as a bicameral body composed of an upper chamber, the Senate, and a lower chamber, the House of Representatives. Article IV of the Michigan Constitution ...
, published in the '' Acts of the Legislature'', and codified in the '' Michigan Compiled Laws''. State agency regulations (sometimes called administrative law) are published in the '' Michigan Register'' and codified in the ''
Michigan Administrative Code Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
''. Michigan's legal system is based on
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals, which are published in the '' Michigan Reports'' and '' Michigan Appeals Reports'', respectively.


Constitution

The foremost source of state law is the
Constitution of Michigan The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government. There have been four constitutions approved by the people of Michigan. The fi ...
. The Michigan Constitution in turn is subordinate to the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ...
, which is the supreme law of the land.


Legislation

Pursuant to the state constitution, the
Michigan Legislature The Michigan Legislature is the legislature of the U.S. state of Michigan. It is organized as a bicameral body composed of an upper chamber, the Senate, and a lower chamber, the House of Representatives. Article IV of the Michigan Constitution ...
has enacted
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
. These legislative acts are published in the official '' Public and Local Acts of the Legislature of the State of Michigan'' and are called "
session laws Session laws are the collection of statutes enacted by a legislature during a single session of that legislature, often published following the end of the session as a bound volume. The United States Statutes at Large are an example of session l ...
". They in turn have been codified in the '' Michigan Compiled Laws''. Both are published by the Michigan Legislative Service Bureau (LSB). Pursuant to Article IV, Section 36, of the Michigan Constitution, the compilations and codifications are not binding.


Regulations

Pursuant to certain statutes, state agencies have promulgated
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. ...
s, also known as
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
. The regulations are published in the '' Michigan Register'' (MR) and codified in the ''
Michigan Administrative Code Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
'' (MAC or AC). The ''Michigan Administrative Code'' was last printed in 1979. The ''Annual Administrative Code Supplement'' (AACS) is the annual supplement to the ''Michigan Administrative Code'' containing the rules published in the ''Michigan Register'' for that year. All three works are published by the Michigan Office of Regulatory Reinvention within the
Michigan Department of Licensing and Regulatory Affairs The Michigan Department of Licensing and Regulatory Affairs (LARA), originally the Department of Commerce among other names, is a principal department in the Michigan executive branch that oversees employment, professional licensing, construc ...
. From 1980–1997, the AACS was published by the LSB.


Case law

The legal system of Michigan is based on the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
. Like all U.S. states except
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bord ...
, Michigan has a
reception statute A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body ...
providing for the "reception" of
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, b ...
. All statutes, regulations, and ordinances are subject to
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. Pursuant to common law tradition, the courts of Michigan have developed a large body of
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
through the decisions of the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the sta ...
and
Michigan Court of Appeals The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965. Its opinions are reported both in an official publication of ...
. The decisions of the Supreme Court and Court of Appeals are published in the '' Michigan Reports'' and '' Michigan Appeals Reports'', respectively. Both are also reported in the unofficial ''Michigan Reporter'' (a Michigan-specific version of the ''
North Western Reporter The ''North Western Reporter'' and ''North Western Reporter, Second Series'' are United States regional case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Tho ...
'').


Local ordinances


Compiled Laws

The Michigan Compiled Laws (MCL) are the official codification of statutes for the state of
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...
. An unannotated edition of the MCL is published by the state of Michigan in print and online.Michigan Legislature
/ref> Unofficial, annotated versions are published by both
West West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some ...
and
LexisNexis LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer info ...
. The West publication is ''Michigan Compiled Laws Annotated'' (MCLA); the LexisNexis version is the ''Michigan Compiled Laws Service'' (MCLS). Until the year 2000, an alternate codification known as the ''Michigan Statutes Annotated'' (MSA), which differed from the MCL in both its organization and numbering system, was also in use. Until the discontinuation of the MSA by LexisNexis, Michigan Court Rules required citation to both the MCL and MSA in all court filings.


See also


Topics

*
Capital punishment in Michigan Capital punishment in Michigan was legal from the founding of Sault Ste Marie in 1668 during the French colonial period, until abolition by the state legislature in 1846 (except nominally for treason). Michigan is one of three U.S. states (along w ...
*
Felony murder rule (Michigan) Murder in Michigan constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Michigan. In Michigan, a person is found guilty of first-degree murder when murder is per ...
*
Gun laws in Michigan Gun laws in Michigan regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Michigan. The State of Michigan has numerous laws concerning the ownership and the carrying of firearms. Generally, federal, state, and ...
*
LGBT rights in Michigan Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan enjoy the same rights as non-LGBT residents. Same-sex sexual activity is legal in Michigan under the US Supreme Court case Lawrence v. Texas, although the stat ...


Other

* Politics of Michigan *
List of law enforcement agencies in Michigan This is a list of law enforcement agencies in the state of Michigan. According to the US Bureau of Justice Statistics' 2008 ''Census of State and Local Law Enforcement Agencies,'' the state had 571 law enforcement agencies employing 19,009 swo ...
*
Crime in Michigan In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
*
Law of the United States The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
* ''
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
''


References

*


External links


Michigan Compiled Laws
from the Michigan Legislative Service Bureau
Michigan Administrative Code
from the
Michigan Department of Licensing and Regulatory Affairs The Michigan Department of Licensing and Regulatory Affairs (LARA), originally the Department of Commerce among other names, is a principal department in the Michigan executive branch that oversees employment, professional licensing, construc ...

Public Acts
of the Michigan Legislature from the Michigan Legislative Service Bureau

from the Michigan Department of Licensing and Regulatory Affairs
Court cases, opinions and orders
from the Michigan State Court Administrative Office
Wayne County Code
from Municode
Detroit City Code
from Municode
Local ordinance codes
from Public.Resource.Org * Case law: {{Authority control
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...