Oklahoma Bar Examination (OK Bar / UBE) — Questions and Answers

Question 1: A defendant pleads guilty in Oklahoma and later wants to appeal the conviction. To challenge the plea, he must first:

File a direct appeal notice within ninety days
Move for a new trial in district court within one year
Petition the Oklahoma Supreme Court directly
File an application to withdraw the plea within ten days and, if denied, seek a writ of certiorari from the Court of Criminal Appeals (Correct answer)

Correct answer: File an application to withdraw the plea within ten days and, if denied, seek a writ of certiorari from the Court of Criminal Appeals

Oklahoma requires a timely motion to withdraw the plea within ten days as a prerequisite to certiorari review of a guilty plea.

Question 2: An LLC that has not elected to be taxed as a corporation will be taxed by default as:

A C-corporation subject to double taxation at the entity and shareholder levels
An S-corporation with income flowing directly to members' personal returns
A nonprofit entity exempt from federal income tax
A sole proprietorship (if single-member) or partnership (if multi-member) under check-the-box rules (Correct answer)

Correct answer: A sole proprietorship (if single-member) or partnership (if multi-member) under check-the-box rules

Under IRS check-the-box regulations, a single-member LLC is disregarded for tax purposes and a multi-member LLC is taxed as a partnership by default.

Question 3: In Oklahoma, a violation of a safety statute constitutes negligence per se when the plaintiff shows the injury:

Was caused by the violation, is of the type the statute was designed to prevent, and the plaintiff is in the protected class (Correct answer)
Was witnessed by a police officer
Occurred anywhere in the state
Resulted in property damage exceeding $10,000

Correct answer: Was caused by the violation, is of the type the statute was designed to prevent, and the plaintiff is in the protected class

Negligence per se requires causation, harm of the type the statute targets, and a plaintiff within the protected class.

Question 4: A seller repudiates a contract to deliver custom machinery six months before performance is due. What may the buyer do immediately?

Treat the repudiation as a breach and sue immediately, or await performance (Correct answer)
Nothing until the performance date arrives
Only demand adequate assurance of performance
Rescind the contract but forfeit all damages

Correct answer: Treat the repudiation as a breach and sue immediately, or await performance

Anticipatory repudiation allows the nonbreaching party to sue immediately, suspend performance, or await the performance date.

Question 5: A seller tenders defective goods with time remaining before the contractual delivery deadline, and the buyer rejects. Under the UCC, the seller may:

Do nothing, because rejection terminates the contract
Force the buyer to accept the defective goods at a discount
Sue the buyer for wrongful rejection
Cure the defect by tendering conforming goods before the deadline after seasonable notice (Correct answer)

Correct answer: Cure the defect by tendering conforming goods before the deadline after seasonable notice

UCC 2-508 gives a seller the right to cure a nonconforming tender by delivering conforming goods within the original contract time after seasonable notice.

Question 6: An agency's final order contains no findings of fact or conclusions of law. On judicial review, the court will most likely:

Remand or reverse because the APA requires findings and conclusions supporting the order (Correct answer)
Draft its own findings for the agency
Affirm, since findings are optional
Transfer the case to federal court

Correct answer: Remand or reverse because the APA requires findings and conclusions supporting the order

Final orders in individual proceedings must include findings of fact and conclusions of law, and their absence prevents meaningful judicial review.

Question 7: A patient dies during surgery. In a malpractice suit, the plaintiff offers evidence that the hospital later changed its surgical checklist procedures. Is the evidence of the procedural change admissible to prove negligence?

No, because subsequent remedial measures are inadmissible to prove negligence (Correct answer)
No, because it is hearsay without an exception
Yes, because hospital records are business records
Yes, because it shows the hospital knew its procedures were deficient

Correct answer: No, because subsequent remedial measures are inadmissible to prove negligence

FRE 407 excludes subsequent remedial measures when offered to prove negligence or culpable conduct.

Question 8: An LLC operating agreement is silent on how profits are allocated. Under the Oklahoma Limited Liability Company Act, profits are allocated:

Equally among all members regardless of contribution (Correct answer)
In proportion to each member's percentage ownership interest as set by statute
By decision of the manager
In proportion to each member's capital contributions

Correct answer: Equally among all members regardless of contribution

Under the Oklahoma LLC Act, when the operating agreement is silent, profits and losses are allocated equally among members.

Question 9: Under Oklahoma criminal procedure, what is the purpose of a preliminary hearing in a felony case?

To determine whether probable cause exists that a felony was committed and the defendant committed it (Correct answer)
To determine the final guilt or innocence of the defendant
To select the trial jury
To set the amount of restitution owed to victims

Correct answer: To determine whether probable cause exists that a felony was committed and the defendant committed it

A preliminary hearing in Oklahoma determines probable cause to bind the defendant over for trial on felony charges.

Question 10: A debtor owes an undisputed, liquidated $10,000 debt and sends a check for $6,000 marked 'payment in full,' which the creditor cashes. At common law, the creditor may:

Recover only interest on the balance
Still recover the remaining $4,000, because part payment of a liquidated debt lacks consideration (Correct answer)
Recover nothing more, because cashing was an accord and satisfaction
Rescind the entire debt

Correct answer: Still recover the remaining $4,000, because part payment of a liquidated debt lacks consideration

Payment of less than a liquidated, undisputed debt gives no consideration for discharging the balance, so an accord and satisfaction fails.

Question 11: Under FRCP Rule 11, an attorney signing a pleading certifies that:

The claims are warranted by existing law or a nonfrivolous argument for its extension, and allegations have evidentiary support (Correct answer)
The client has authorized the lawsuit
No conflicts of interest exist
All parties have been properly served

Correct answer: The claims are warranted by existing law or a nonfrivolous argument for its extension, and allegations have evidentiary support

Rule 11 requires that signed filings be legally warranted and factually supported after reasonable inquiry, enabling sanctions for violations.

Question 12: A landowner orally agrees to sell her farm to a buyer, who pays half the price, moves onto the land, and builds a barn. When the landowner refuses to convey, the buyer sues for specific performance. What is the buyer's best argument to overcome the Statute of Frauds?

Promissory estoppel automatically validates any oral contract
The part performance doctrine takes the contract out of the Statute of Frauds (Correct answer)
Oral land contracts are always enforceable if consideration is paid
The Statute of Frauds does not apply to farms

Correct answer: The part performance doctrine takes the contract out of the Statute of Frauds

Payment plus possession plus improvements constitutes part performance, allowing equitable enforcement of an oral land-sale contract.

Question 13: A plaintiff sues a defendant in federal court based on diversity jurisdiction. The defendant moves to dismiss for improper venue. Venue in a diversity case is proper in which of the following districts?

Any district in the United States chosen by the plaintiff
Only the district where the contract was signed
Only the district where the plaintiff resides
A district where any defendant resides, if all defendants reside in the same state (Correct answer)

Correct answer: A district where any defendant resides, if all defendants reside in the same state

Under 28 U.S.C. § 1391, venue is proper where any defendant resides if all defendants reside in the same state, or where a substantial part of events occurred.

Question 14: Under FRCP Rule 26, the scope of discovery covers:

Only admissible evidence
Information the court specifically orders to be produced
Documents in the opposing party's possession only
Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case (Correct answer)

Correct answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

Rule 26 permits discovery of any relevant, nonprivileged information proportional to the case's needs, even if not admissible at trial.

Question 15: What is the statute of frauds?

All contracts must be in writing
Only oral contracts are subject to fraud claims
Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year (Correct answer)
Fraud automatically invalidates any contract

Correct answer: Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year

The statute of frauds requires a signed writing for certain categories of contracts including land sales, contracts not performable within one year, surety agreements, and contracts for goods over $500 under the UCC.

Question 16: A contractor agrees to build a barn for $50,000. Midway through, the contractor demands an extra $10,000 to finish, citing no new circumstances, and the owner agrees. At common law, is the modification enforceable?

No, because the contractor had a pre-existing duty to complete the work (Correct answer)
No, because construction contracts cannot be modified orally
Yes, because modifications need no consideration
Yes, because the parties mutually assented to it

Correct answer: No, because the contractor had a pre-existing duty to complete the work

Under the common law pre-existing duty rule, a promise to pay more for a duty already owed lacks consideration and is unenforceable.

Question 17: A thief steals a watch and sells it to a good-faith purchaser for value. The original owner sues the purchaser for the watch. The owner will:

Lose, because the entrustment doctrine protects the purchaser
Lose, because good-faith purchasers always take good title
Win only if the purchaser knew the watch was stolen
Win, because a thief has void title and can pass none, even to a good-faith purchaser (Correct answer)

Correct answer: Win, because a thief has void title and can pass none, even to a good-faith purchaser

A thief acquires void title, so even a good-faith purchaser for value receives no title against the true owner.

Question 18: Collateral estoppel (issue preclusion) prevents relitigation of an issue when the issue was:

Related to the same transaction as the original claim
Actually litigated, necessarily decided, and essential to a final judgment in prior litigation (Correct answer)
Decided by a court of equal or superior jurisdiction
Raised but not decided in prior litigation

Correct answer: Actually litigated, necessarily decided, and essential to a final judgment in prior litigation

Issue preclusion applies when an issue was actually litigated, necessarily decided, and essential to the prior final judgment.

Question 19: A state agency issues a rule without publishing the required notice in the Oklahoma Register. What is the most likely consequence?

The rule is invalid and unenforceable (Correct answer)
The rule takes effect after 90 days automatically
The rule is valid but subject to a fine
The rule is valid only against the agency itself

Correct answer: The rule is invalid and unenforceable

Rules adopted without compliance with the APA's notice and publication requirements are invalid and cannot be enforced.

Question 20: A testator's will leaves property 'to my sister Ann,' but Ann predeceases the testator, leaving a daughter. Under Oklahoma's anti-lapse statute, the gift:

Passes to Ann's daughter because Ann was a qualifying relative who left issue (Correct answer)
Is divided among all the testator's heirs
Lapses into the residuary estate
Passes to the state

Correct answer: Passes to Ann's daughter because Ann was a qualifying relative who left issue

Oklahoma's anti-lapse statute saves gifts to predeceasing relatives of the testator by substituting their surviving issue.

Question 21: Eight months of the delay between a defendant's arrest and trial resulted from the prosecution's negligence in locating a witness; the defendant repeatedly demanded trial and lost a key alibi witness in the interim. Under Barker v. Wingo, the court should:

Grant relief only if the delay exceeded five years
Deny relief because eight months is per se reasonable
Deny relief because negligence never counts against the state
Weigh the length, reason, assertion, and prejudice factors, which here favor dismissal on speedy trial grounds (Correct answer)

Correct answer: Weigh the length, reason, assertion, and prejudice factors, which here favor dismissal on speedy trial grounds

Barker's four-factor balancing test weighs delay, its cause, the defendant's assertion of the right, and prejudice, all of which cut against the state here.

Question 22: Under Oklahoma's child support guidelines, what is the primary basis for calculating the base support obligation?

A flat percentage of the obligor's take-home pay
The combined gross income of both parents applied to a statutory schedule (Correct answer)
The noncustodial parent's net income alone
The custodial parent's expenses alone

Correct answer: The combined gross income of both parents applied to a statutory schedule

Oklahoma uses the income shares model, which combines both parents' gross incomes and applies a statutory schedule prorated between them.

Question 23: Personal jurisdiction based on 'minimum contacts' requires that:

The defendant is physically present in the state
The defendant owns property in the forum state
The plaintiff resides in the forum state
The defendant has purposefully availed itself of the forum state's privileges so that being haled into court there is foreseeable (Correct answer)

Correct answer: The defendant has purposefully availed itself of the forum state's privileges so that being haled into court there is foreseeable

International Shoe requires minimum contacts such that the defendant purposefully availed itself of the forum, making jurisdiction reasonable and fair.

Question 24: In an Oklahoma proceeding to terminate parental rights, what standard of proof applies to the grounds for termination?

Preponderance of the evidence
Clear and convincing evidence (Correct answer)
Probable cause
Beyond a reasonable doubt in all cases

Correct answer: Clear and convincing evidence

Due process and Oklahoma law require the state to prove grounds for terminating parental rights by clear and convincing evidence, as established in Santosky v. Kramer.

Question 25: A store owner sees a customer slip a watch into his pocket and walk toward the exit. The owner detains the customer in the back office for 20 minutes to investigate. The watch is found and the customer sues for false imprisonment. What is the owner's best defense?

Truth is a complete defense to false imprisonment
The shopkeeper's privilege permits reasonable detention on reasonable suspicion of theft (Correct answer)
There was no confinement because the office door was unlocked
Consent is implied by entering the store

Correct answer: The shopkeeper's privilege permits reasonable detention on reasonable suspicion of theft

The shopkeeper's privilege allows a merchant to detain a suspected shoplifter in a reasonable manner for a reasonable time to investigate.

Question 26: Police obtain 127 days of a suspect's historical cell-site location records from his carrier without a warrant. Under Carpenter v. United States, the records are:

Obtained in violation of the Fourth Amendment, because accessing extended historical CSLI is a search requiring a warrant (Correct answer)
Lawfully obtained because the records belong to the carrier
Lawfully obtained under the third-party doctrine
Lawful if a subpoena was issued

Correct answer: Obtained in violation of the Fourth Amendment, because accessing extended historical CSLI is a search requiring a warrant

Carpenter held that acquiring seven or more days of historical cell-site location information is a search generally requiring a warrant.

Question 27: Subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332 requires:

At least one party from each of two different states and any amount in controversy
All parties from different states and no amount-in-controversy requirement
Partial diversity and a federal question
Complete diversity between parties and an amount in controversy exceeding $75,000 (Correct answer)

Correct answer: Complete diversity between parties and an amount in controversy exceeding $75,000

Section 1332 requires complete diversity (no plaintiff from the same state as any defendant) plus an amount in controversy exceeding $75,000.

Question 28: A minor purchases a car, uses it for six months, and then disaffirms the contract before turning 18. In most jurisdictions, the minor may:

Disaffirm only by paying the fair rental value of the car
Disaffirm and recover payments, returning the car in its current condition (Correct answer)
Not disaffirm because performance is already complete
Not disaffirm because cars are necessaries

Correct answer: Disaffirm and recover payments, returning the car in its current condition

The majority rule allows a minor to disaffirm and recover consideration paid, restoring only what remains of the goods received.

Question 29: One month before performance is due, a seller unequivocally states, 'I will not deliver under any circumstances.' What may the buyer immediately do?

Rescind but never recover damages
Only demand adequate assurances
Treat it as an anticipatory repudiation and sue at once, or await performance (Correct answer)
Nothing until the performance date passes

Correct answer: Treat it as an anticipatory repudiation and sue at once, or await performance

An unequivocal repudiation before performance is due allows the nonbreaching party to sue immediately, suspend performance, or await the performance date.

Question 30: An Oklahoma court is dividing marital property in a divorce. What standard governs the division?

Division based solely on which spouse earned more income
A strictly equal fifty-fifty division
A just and reasonable (equitable) division, which need not be equal (Correct answer)
Division according to whose name is on the title

Correct answer: A just and reasonable (equitable) division, which need not be equal

Oklahoma is an equitable distribution state, so the court divides marital property in a manner that is just and reasonable, not necessarily equal.

Question 31: A testator's will leaves "all my property to my children equally." At the testator's death, one child has predeceased him, leaving two grandchildren. Under a typical anti-lapse statute, who takes the deceased child's share?

The surviving children split it, because the gift lapsed
The deceased child's estate creditors
The state, by escheat
The two grandchildren, as substitute takers for their deceased parent (Correct answer)

Correct answer: The two grandchildren, as substitute takers for their deceased parent

Anti-lapse statutes substitute the issue of a predeceased beneficiary who was within the protected class of relatives.

Question 32: In Oklahoma state courts, venue is generally proper in the county where:

The attorney of record maintains an office
The cause of action arose or where the defendant resides (Correct answer)
The largest volume of evidence is located
The plaintiff resides

Correct answer: The cause of action arose or where the defendant resides

Oklahoma venue statutes generally place venue where the cause of action arose or where the defendant resides.

Question 33: In Oklahoma, what is the minimum residency requirement for a petitioner to file for divorce in the state?

One year immediately before filing
Thirty days immediately before filing
Ninety days immediately before filing
Six months immediately before filing (Correct answer)

Correct answer: Six months immediately before filing

Oklahoma requires the petitioner to have been an actual resident of the state in good faith for six months immediately preceding the filing of the divorce petition.

Question 34: A homeowner promises to pay a painter $5,000 after the painter has already finished painting the house as a volunteer. Is the homeowner's promise enforceable under traditional contract principles?

Yes, because moral obligation always supports a promise
No, because the promise was not in writing
No, because past consideration is not valid consideration (Correct answer)
Yes, because the painter conferred a measurable benefit

Correct answer: No, because past consideration is not valid consideration

A promise made in exchange for a benefit already conferred is supported only by past consideration, which is generally insufficient to form a contract.

Question 35: A consumer buys a used car 'as is' from a dealer. The engine fails a week later. Which warranty claim survives the 'as is' disclaimer?

Implied warranty of fitness for a particular purpose
Implied warranty of merchantability
No warranty claims survive an 'as is' sale
An express warranty the salesperson made about engine condition before sale (Correct answer)

Correct answer: An express warranty the salesperson made about engine condition before sale

'As is' language disclaims implied warranties but cannot negate express warranties that formed part of the basis of the bargain.

Question 36: A grandmother in Oklahoma seeks court-ordered visitation with her grandchild over the objection of two fit, married parents in an intact family. What is the likely result?

Denied only if the child testifies against visitation
Denied, because courts cannot override fit parents' decisions in an intact nuclear family absent harm to the child (Correct answer)
Granted, because grandparents have an absolute statutory right to visitation
Granted if the grandmother previously babysat the child

Correct answer: Denied, because courts cannot override fit parents' decisions in an intact nuclear family absent harm to the child

Following Troxel and Oklahoma case law, grandparent visitation cannot be forced on fit parents in an intact family without a showing of harm to the child and that visitation is in the child's best interests.

Question 37: A beneficiary named in an Oklahoma will also serves as one of the two attesting witnesses. What is the consequence?

The gift to the witness is void except to the extent of an intestate share, unless two other disinterested witnesses attested (Correct answer)
The entire will is invalid
The gift is fully valid with no consequence
The witness must forfeit any executor fees

Correct answer: The gift to the witness is void except to the extent of an intestate share, unless two other disinterested witnesses attested

Under Oklahoma's interested-witness rule, the devise to a necessary witness is purged except up to what the witness would take by intestacy.

Question 38: Under traditional conflict-of-laws rules, 'domicile' for choice-of-law purposes is best defined as:

The state where a person is physically present with the intent to remain indefinitely (Correct answer)
The state where a person physically resides at the time of filing suit
The state where a person currently works
The state where a person was born

Correct answer: The state where a person is physically present with the intent to remain indefinitely

Domicile requires two elements: physical presence in a place AND the intent to make that place one's permanent home (intent to remain indefinitely). Mere residence or birth state is insufficient. Domicile drives important choice-of-law determinations in areas like intestacy and personal status.

Question 39: What is consideration in contract formation?

A required waiting period before signing
The amount of money involved in the deal
A bargained-for exchange of legal value between the parties (Correct answer)
The physical contract document

Correct answer: A bargained-for exchange of legal value between the parties

Consideration is the legal concept requiring each party to give something of value — a promise, performance, or forbearance — in exchange for the other's promise or performance.

Question 40: After a defendant's conviction is reversed on appeal for trial error, he is retried, convicted again, and the same judge imposes a harsher sentence, citing new evidence of post-trial misconduct on the record. Under North Carolina v. Pearce, the harsher sentence is:

Impermissible unless a different judge sentences
Impermissible, because a harsher sentence after retrial is always vindictive
Permissible, because the presumption of vindictiveness is rebutted by objective new information on the record (Correct answer)
Permissible only with the prosecutor's consent

Correct answer: Permissible, because the presumption of vindictiveness is rebutted by objective new information on the record

Pearce's presumption of vindictiveness can be overcome by objective, on-the-record information justifying the increased sentence.

Question 41: Under Substantive Due Process, unenumerated fundamental rights receive what level of protection?

Rational basis review
Intermediate scrutiny
Deferential review
Strict scrutiny (Correct answer)

Correct answer: Strict scrutiny

Laws burdening fundamental rights are subject to strict scrutiny, requiring a compelling interest and narrow tailoring.

Question 42: Under the Oklahoma Pleading Code, how long does a defendant generally have to respond to a petition after personal service within the state?

20 days (Correct answer)
14 days
21 days
30 days

Correct answer: 20 days

Oklahoma statutes require a defendant to answer or otherwise respond within 20 days after service of summons within the state.

Question 43: During an Oklahoma divorce, one spouse ran up gambling debts and secretly transferred marital funds to a sibling. How may the court respond in dividing property?

Order an equal split because fault never affects property division
Criminally sanction the sibling in the divorce action
Ignore the transfers because they occurred before the decree
Consider the dissipation and award the innocent spouse a greater share of the remaining marital estate (Correct answer)

Correct answer: Consider the dissipation and award the innocent spouse a greater share of the remaining marital estate

An Oklahoma court making an equitable division may account for a spouse's dissipation or fraudulent transfer of marital assets by adjusting the division in the other spouse's favor.

Question 44: What does the Fourth Amendment protect against?

Searches by private parties
Only searches of private homes
All searches regardless of reasonableness
Unreasonable searches and seizures by the government (Correct answer)

Correct answer: Unreasonable searches and seizures by the government

The Fourth Amendment protects individuals from unreasonable searches and seizures by government actors, requiring warrants based on probable cause for most searches.

Question 45: Under UCC risk-of-loss rules with no breach, a shipment contract places the risk of loss on the buyer when:

The buyer pays the invoice
The goods arrive at the buyer's dock
The seller duly delivers the goods to the carrier (Correct answer)
The carrier issues a bill of lading to the seller

Correct answer: The seller duly delivers the goods to the carrier

In a shipment contract, risk of loss passes to the buyer when the seller duly delivers conforming goods to the carrier.

Question 46: A zoning ordinance is enacted after a lawful auto-repair shop is already operating in a newly residential zone. The shop is best described as:

An illegal use that must close immediately
A spot zoning violation
A variance
A nonconforming use that may generally continue (Correct answer)

Correct answer: A nonconforming use that may generally continue

A lawful use existing before a zoning change is a nonconforming use that may generally continue, though it usually cannot expand.

Question 47: Which of the following best describes how an Oklahoma court treats the increase in value of one spouse's separate business during the marriage?

All appreciation always remains separate property
The business must be sold and proceeds split equally
All appreciation is automatically marital property
Appreciation attributable to marital efforts or funds is divisible; passive appreciation remains separate (Correct answer)

Correct answer: Appreciation attributable to marital efforts or funds is divisible; passive appreciation remains separate

Oklahoma distinguishes between active appreciation resulting from marital labor or investment, which is divisible, and passive market-driven appreciation, which stays separate.

Question 48: Which standard applies when a state law regulates commercial speech?

The Central Hudson four-part test requiring a substantial government interest and reasonable fit (Correct answer)
Strict scrutiny because speech is a fundamental right
Rational basis because commercial speech receives no First Amendment protection
Intermediate scrutiny balancing the government interest against speaker autonomy

Correct answer: The Central Hudson four-part test requiring a substantial government interest and reasonable fit

Central Hudson Gas v. Public Service Commission established a four-part test: the speech must concern lawful activity and not be misleading, the government interest must be substantial, the regulation must directly advance that interest, and must be no more extensive than necessary.

Question 49: Officers respond to a 911 call, enter a home, and see a suspect through a window actively beating another occupant. They enter without a warrant. The entry is:

Lawful under the emergency aid exception, because officers may enter to protect an occupant from imminent injury (Correct answer)
Unlawful because the officers created the exigency
Lawful only if the victim later consents
Unlawful, because home entries always require a warrant

Correct answer: Lawful under the emergency aid exception, because officers may enter to protect an occupant from imminent injury

Brigham City v. Stuart permits warrantless entry when officers reasonably believe an occupant faces imminent serious injury.

Question 50: Police obtain a confession in violation of Miranda but without actual coercion. At trial, the defendant testifies inconsistently with the confession. The prosecution may:

Use the confession to impeach the defendant's testimony, though not in its case-in-chief (Correct answer)
Use the confession only if the defendant opens the door in opening statements
Not use the confession for any purpose
Use the confession in its case-in-chief

Correct answer: Use the confession to impeach the defendant's testimony, though not in its case-in-chief

Voluntary statements taken in violation of Miranda are admissible for impeachment under Harris v. New York.

Question 51: What is a material breach of contract?

A breach that occurs on a material (physical) object
A breach so substantial that it excuses the non-breaching party from further performance (Correct answer)
Any minor deviation from the contract terms
A breach by a materials supplier

Correct answer: A breach so substantial that it excuses the non-breaching party from further performance

A material breach is a failure to perform a substantial part of the contract, going to the essence of the agreement and depriving the other party of the expected benefit.

Question 52: Under Oklahoma's long-arm statute, personal jurisdiction may be asserted over a nonresident defendant who commits a tortious act outside Oklahoma causing injury inside the state, provided what additional requirement is met?

The defendant regularly does or solicits business in Oklahoma (Correct answer)
The plaintiff is a resident of Oklahoma at the time of injury
The tortious act involves a product manufactured in Oklahoma
The defendant has a registered agent in any U.S. state

Correct answer: The defendant regularly does or solicits business in Oklahoma

Oklahoma's long-arm statute extends jurisdiction to the limits of due process, but the court still requires minimum contacts such as regular business solicitation in the state.

Question 53: Under Oklahoma's attractive nuisance doctrine, a landowner may be liable to a trespassing child if:

The child had written permission to enter
The condition was entirely natural, like a creek
Any child is injured anywhere on the land
An artificial condition posed a foreseeable risk to children too young to appreciate the danger (Correct answer)

Correct answer: An artificial condition posed a foreseeable risk to children too young to appreciate the danger

Attractive nuisance applies to artificial conditions likely to attract children who cannot appreciate the risk.

Question 54: A contractor building a house deviates slightly from specifications, using a different but equivalent brand of pipe. The homeowner refuses to pay anything. Under the substantial performance doctrine, what may the contractor recover?

The full contract price with no deduction
Nothing, because performance was not perfect
Only the cost of materials used
The contract price minus damages for the minor defect (Correct answer)

Correct answer: The contract price minus damages for the minor defect

A builder who substantially performs in good faith may recover the contract price less the cost of remedying minor deviations, as in Jacob & Youngs v. Kent.

Question 55: A police officer stops a car for speeding and smells marijuana coming from the passenger compartment. The officer searches the trunk and finds cocaine. Was the trunk search valid?

No, because a warrant is always required to search a trunk
No, because the smell of marijuana only justifies searching the passenger compartment
Yes, but only if the driver consented
Yes, under the automobile exception, because there was probable cause to search the vehicle (Correct answer)

Correct answer: Yes, under the automobile exception, because there was probable cause to search the vehicle

Under the automobile exception, probable cause allows a warrantless search of any part of the vehicle where the contraband could be found, including the trunk.

Question 56: A defendant sued in federal court files an answer without raising lack of personal jurisdiction. Two months later, he moves to dismiss for lack of personal jurisdiction. What is the result?

The motion is denied because the defense was waived by omission from the answer or a pre-answer motion (Correct answer)
The court must hold an evidentiary hearing first
The motion is granted because personal jurisdiction can be raised at any time
The motion is granted if the defendant is a nonresident

Correct answer: The motion is denied because the defense was waived by omission from the answer or a pre-answer motion

Under Rule 12(h)(1), lack of personal jurisdiction is waived if not raised in the first Rule 12 motion or responsive pleading.

Question 57: A mother seeks to relocate with her child more than 75 miles from her Oklahoma residence. What does Oklahoma's relocation statute require her to do first?

Petition the court for permission before giving any notice
Obtain the child's written consent
Nothing, because the custodial parent may relocate freely
Give advance written notice to the other parent, who may then object (Correct answer)

Correct answer: Give advance written notice to the other parent, who may then object

Oklahoma's relocation statute requires the relocating parent to give notice to the other parent, who then has the opportunity to object and trigger a court hearing.

Question 58: In Oklahoma, spousal support (alimony) awarded for support purposes generally terminates automatically upon which event?

The recipient obtaining any employment
The recipient moving out of Oklahoma
The payor's retirement at any age
Death of either party or remarriage of the recipient, subject to a reinstatement window (Correct answer)

Correct answer: Death of either party or remarriage of the recipient, subject to a reinstatement window

Oklahoma support alimony terminates on the death of either party and on the recipient's remarriage, although the recipient may seek continuation within 90 days by showing continued need.

Question 59: A buyer of a defective machine covers by purchasing a replacement at $12,000 when the contract price was $9,000. Under the UCC, the buyer's basic cover damages are:

$3,000, the difference between cover price and contract price, plus incidentals (Correct answer)
$12,000, the full replacement cost
Nothing, because covering waives all damages
$9,000, the original contract price

Correct answer: $3,000, the difference between cover price and contract price, plus incidentals

Under UCC 2-712, a covering buyer recovers the difference between the cover price and the contract price, plus incidental and consequential damages.

Question 60: Under Oklahoma discovery rules, a party who receives an interrogatory must respond within how many days absent a court order or stipulation?

14 days
30 days (Correct answer)
45 days
20 days

Correct answer: 30 days

Oklahoma discovery rules require a party to serve answers or objections to interrogatories within 30 days after service of the interrogatories.

Question 61: A man is married to a woman when she gives birth. Under Oklahoma's Uniform Parentage Act, what is his status?

He is merely an alleged father
He is a presumed father of the child (Correct answer)
He is an adjudicated father automatically
He has no parental status until he signs an acknowledgment

Correct answer: He is a presumed father of the child

A man married to the mother at the time of the child's birth is a presumed father under the Oklahoma Uniform Parentage Act.

Question 62: In Oklahoma, a plaintiff typically must file a lawsuit within how many years for most written contract claims?

2 years
6 years
5 years (Correct answer)
3 years

Correct answer: 5 years

Oklahoma's statute of limitations for written contracts is generally five years under 12 O.S. § 95.

Question 63: The Supremacy Clause of the U.S. Constitution establishes that:

Federal law is the supreme law of the land (Correct answer)
States retain all powers not granted to Congress
The President may nullify unconstitutional statutes
Congress may override Supreme Court decisions

Correct answer: Federal law is the supreme law of the land

Article VI's Supremacy Clause declares federal law supreme, preempting conflicting state law.

Question 64: How many essay questions appear on the MEE portion of the Oklahoma Bar Exam?

Six (Correct answer)
Eight
Twelve
Four

Correct answer: Six

The MEE consists of six essay questions administered in a single three-hour session.

Question 65: Which of the following correctly describes 'piercing the corporate veil' under Oklahoma law?

Courts may disregard the corporate entity and hold shareholders personally liable when the corporation is a mere instrumentality or alter ego used to perpetrate a fraud (Correct answer)
Piercing is available whenever a corporation fails to pay a judgment
Shareholders are automatically liable for corporate debts once the corporation is insolvent
Only the Oklahoma Attorney General may seek to pierce the corporate veil

Correct answer: Courts may disregard the corporate entity and hold shareholders personally liable when the corporation is a mere instrumentality or alter ego used to perpetrate a fraud

Oklahoma courts will pierce the corporate veil when the corporation is used as an alter ego or mere instrumentality, particularly to perpetrate fraud or injustice.

Question 66: Which statement accurately describes Oklahoma's treatment of marital fault in awarding support alimony?

Alimony is automatically doubled when adultery is proven
Fault completely bars any award of alimony
Alimony is based on the recipient's need and the payor's ability to pay, not as a punishment for fault (Correct answer)
Only the spouse who filed for divorce may receive alimony

Correct answer: Alimony is based on the recipient's need and the payor's ability to pay, not as a punishment for fault

Oklahoma support alimony rests on demonstrated need connected to the marriage and the other spouse's ability to pay, and it is not awarded to punish marital misconduct.

Question 67: A blacksmith orders steel 'for making horseshoes' and the seller, knowing this purpose, selects the steel. The steel proves unsuitable for horseshoes though otherwise merchantable. The buyer's best claim is breach of:

An express warranty by sample
The implied warranty of merchantability
The warranty of title
The implied warranty of fitness for a particular purpose (Correct answer)

Correct answer: The implied warranty of fitness for a particular purpose

When a seller knows the buyer's particular purpose and the buyer relies on the seller's skill to select goods, the implied warranty of fitness for a particular purpose applies.

Question 68: A stepparent in Oklahoma wishes to adopt his wife's child. The biological father has willfully failed to pay court-ordered child support for 15 consecutive months despite ability to pay. May the adoption proceed without the father's consent?

No, unless the father consents in open court
Yes, willful failure to support for twelve consecutive months out of the last fourteen can make consent unnecessary (Correct answer)
No, a biological parent's consent is always required
Yes, but only if the father is also incarcerated

Correct answer: Yes, willful failure to support for twelve consecutive months out of the last fourteen can make consent unnecessary

Oklahoma law permits adoption without a parent's consent where that parent willfully failed to support the child for twelve consecutive months out of the fourteen months preceding the petition.

Question 69: A buyer under an installment contract receives one shipment with minor defects that can be cured. Under the UCC, the buyer may reject that installment only if:

The nonconformity substantially impairs the value of that installment and cannot be cured (Correct answer)
The seller has breached a prior installment
The buyer gives notice within 24 hours
The goods fail to conform in any respect under perfect tender

Correct answer: The nonconformity substantially impairs the value of that installment and cannot be cured

Installment contracts are exempt from perfect tender; rejection requires substantial impairment of the installment's value that cannot be cured.

Question 70: A hearing officer in an Oklahoma individual proceeding refuses to allow any cross-examination of the agency's key witness. The resulting order is most vulnerable because:

Hearing officers may never limit questioning
Cross-examination is required when necessary for full disclosure of the facts (Correct answer)
The order lacked a jury verdict
Agencies must apply the rules of criminal procedure

Correct answer: Cross-examination is required when necessary for full disclosure of the facts

The APA and due process entitle parties to conduct cross-examination reasonably required for a full and true disclosure of the facts.

Question 71: In a construction contract silent on order of performance, which party must perform first?

Neither owes performance until a court orders it
The owner must pay before work begins
Both must perform simultaneously
The builder must substantially complete the work before payment is due (Correct answer)

Correct answer: The builder must substantially complete the work before payment is due

Where one performance takes time and the other (payment) can be instantaneous, the longer performance is a constructive condition precedent to payment.

Question 72: An MEE decedents' estates essay involves a will with a handwritten change made after execution. Under common principles tested on the MEE, the alteration is:

Ineffective unless executed with testamentary formalities or valid as a holographic codicil (Correct answer)
Valid if any one witness later approves it
Automatically valid because the testator wrote it
Effective only if notarized

Correct answer: Ineffective unless executed with testamentary formalities or valid as a holographic codicil

Post-execution changes generally require the same formalities as a will, unless the jurisdiction recognizes them as a holographic codicil.

Question 73: The work-product doctrine protects from discovery:

Materials prepared by or for a party or its attorney in anticipation of litigation (Correct answer)
Publicly filed court documents
All communications between attorney and client
Expert reports disclosed under Rule 26

Correct answer: Materials prepared by or for a party or its attorney in anticipation of litigation

The work-product doctrine shields documents and tangible things prepared in anticipation of litigation from routine discovery.

Question 74: During jury selection, the prosecutor uses peremptory strikes to remove all Black venire members, and the defense objects. Once the defense makes a prima facie showing under Batson, the prosecutor must:

Withdraw the strikes automatically
Prove the struck jurors were biased
Offer a race-neutral explanation for the strikes, which the court then evaluates for pretext (Correct answer)
Do nothing, because peremptory strikes need no justification

Correct answer: Offer a race-neutral explanation for the strikes, which the court then evaluates for pretext

Batson's second step requires a race-neutral explanation, after which the court decides at step three whether the objector proved purposeful discrimination.

Question 75: Which of the following statements about the Establishment Clause of the First Amendment is true?

The Establishment Clause permits the government to engage in religious activities as long as they are non-coercive.
The Establishment Clause prohibits the government from endorsing or supporting a particular religion. (Correct answer)
The Establishment Clause allows for governmental aid to religious institutions as long as it is done equally among all religions.
The Establishment Clause prohibits any governmental action that aids religion in any way.

Correct answer: The Establishment Clause prohibits the government from endorsing or supporting a particular religion.

The Establishment Clause of the First Amendment prohibits the government from establishing a religion or favoring one religion over others, or religion over non-religion. Its core purpose is to ensure governmental neutrality towards religion, meaning the government cannot endorse, sponsor, or financially support any specific religious belief or practice. This principle maintains a separation between church and state, protecting religious freedom for all citizens.

Question 76: During plea negotiations, defense counsel fails to inform the defendant of a favorable plea offer, which expires; the defendant is later convicted at trial and receives a harsher sentence. Under Missouri v. Frye, the defendant:

Has no claim because there is no right to a plea bargain
Has no claim because he received a fair trial
May only claim prosecutorial misconduct
May claim ineffective assistance of counsel because counsel must communicate formal plea offers (Correct answer)

Correct answer: May claim ineffective assistance of counsel because counsel must communicate formal plea offers

Frye holds that defense counsel's failure to communicate a formal plea offer can constitute deficient performance under Strickland.

Question 77: Under the Uniform Child Custody Jurisdiction and Enforcement Act as adopted in Oklahoma, which state generally has jurisdiction to make an initial custody determination?

The child's home state, where the child lived with a parent for six consecutive months before the proceeding (Correct answer)
The state where the divorce petition was filed first
The state where either parent currently works
The state with the most convenient courthouse

Correct answer: The child's home state, where the child lived with a parent for six consecutive months before the proceeding

The UCCJEA gives priority to the child's home state, defined as where the child lived with a parent for at least six consecutive months immediately before the custody proceeding began.

Question 78: What is specific performance as a contract remedy?

A performance evaluation of contract compliance
A penalty clause in the contract
A monetary payment calculated at a specific rate
A court order requiring the breaching party to perform their contractual obligations (Correct answer)

Correct answer: A court order requiring the breaching party to perform their contractual obligations

Specific performance is an equitable remedy ordering the breaching party to actually perform their obligations, typically available when monetary damages are inadequate and the subject matter is unique.

Question 79: In Oklahoma, after a final judgment is entered, within what time must a motion to alter or amend the judgment typically be filed?

30 days after judgment is entered
15 days after notice of the judgment
10 days after judgment is filed (Correct answer)
20 days after service of the judgment

Correct answer: 10 days after judgment is filed

Oklahoma requires motions to alter or amend a judgment to be filed within 10 days of the filing of the judgment.

Question 80: An owner conveys land "to A for life, then to B if B survives A." What interest does B have during A's lifetime?

A vested remainder
A reversion
A contingent remainder (Correct answer)
An executory interest

Correct answer: A contingent remainder

B's remainder is contingent because it is subject to the condition precedent of surviving A.

Question 81: What is exhaustion of administrative remedies?

A doctrine preventing agencies from reopening closed cases
A requirement that parties must pursue all available agency processes before seeking court review (Correct answer)
A principle that courts must hear every case before it
A rule that agency resources must be fully used before new funding

Correct answer: A requirement that parties must pursue all available agency processes before seeking court review

Exhaustion requires parties to complete available administrative proceedings before filing suit in court, allowing agencies to apply their expertise and potentially resolve disputes without litigation.

Question 82: In Oklahoma, which of the following is considered a primary source of law for a legal research task?

A statute enacted by the Oklahoma Legislature. (Correct answer)
A legal dictionary providing definitions of legal terms.
A law review article discussing recent changes in the law.
A case brief summarizing a recent appellate decision.

Correct answer: A statute enacted by the Oklahoma Legislature.

Primary sources of law are authoritative statements of law made by governmental bodies, such as legislatures, courts, or administrative agencies. A statute enacted by the Oklahoma Legislature is a direct expression of the law in Oklahoma. In contrast, law review articles, case briefs, and legal dictionaries are secondary sources, which analyze or describe the law but are not the law itself.

Question 83: What is the best evidence rule?

Original documents must be produced to prove their contents unless an exception applies (Correct answer)
Physical evidence always takes priority over testimony
The party with the best evidence wins automatically
Only the strongest evidence in a case is admissible

Correct answer: Original documents must be produced to prove their contents unless an exception applies

The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its contents, though copies may be admitted under certain exceptions.

Question 84: Two merchants exchange forms: the buyer's purchase order is silent on arbitration, and the seller's acknowledgment adds an arbitration clause that materially alters the deal. Under UCC 2-207, the arbitration clause:

Applies only if the buyer performs
Does not become part of the contract because it materially alters it (Correct answer)
Voids the entire contract as a counteroffer
Becomes part of the contract automatically between merchants

Correct answer: Does not become part of the contract because it materially alters it

Between merchants, additional terms become part of the contract unless they materially alter it, and arbitration clauses are typically material alterations.

Question 85: A couple signs a prenuptial agreement in Oklahoma. The wife later challenges it, claiming she was not told the full extent of the husband's assets. On what basis may an Oklahoma court invalidate the agreement?

Prenuptial agreements are per se unenforceable in Oklahoma
The agreement was not entered fairly and voluntarily with reasonable disclosure of assets (Correct answer)
The agreement failed to guarantee her at least half the marital estate
Any inequality in the bargain automatically voids it

Correct answer: The agreement was not entered fairly and voluntarily with reasonable disclosure of assets

Oklahoma enforces antenuptial agreements that are entered into freely, fairly, and voluntarily, with fair disclosure of the parties' assets; lack of such disclosure or overreaching can invalidate the agreement.

Question 86: What factors determine spousal support (alimony)?

Only the income difference between spouses
A fixed percentage of the higher-earning spouse's income
Alimony is always awarded automatically in divorce
Length of marriage, earning capacity of each spouse, standard of living, and contributions to the marriage (Correct answer)

Correct answer: Length of marriage, earning capacity of each spouse, standard of living, and contributions to the marriage

Courts consider multiple factors including marriage duration, each spouse's earning potential, health, age, contributions (including homemaking), and the marital standard of living.

Question 87: A dog owner keeps a breed with no history of aggression. Without warning, the dog bites a visitor. Under the common law rule for domestic animals, is the owner strictly liable?

Yes, because dog bites are abnormally dangerous activities
No, because the visitor assumed the risk by approaching the dog
No, because the owner had no knowledge of the dog's dangerous propensities (Correct answer)
Yes, because owners are strictly liable for all animal bites

Correct answer: No, because the owner had no knowledge of the dog's dangerous propensities

At common law, strict liability for a domestic animal requires the owner's knowledge of that animal's vicious propensities.

Question 88: Under Oklahoma law, which of the following is a recognized fault-based ground for divorce?

Habitual drunkenness (Correct answer)
Financial irresponsibility
Loss of romantic affection
Refusal to relocate for a spouse's job

Correct answer: Habitual drunkenness

Oklahoma statute lists habitual drunkenness among its fault grounds, alongside grounds such as abandonment, adultery, and extreme cruelty.

Question 89: An ex post facto law is constitutionally prohibited and is defined as a law that:

Changes procedural rules for pending cases
Imposes new civil liability retroactively
Applies new tax rates to prior-year income
Retroactively criminalizes conduct or increases punishment for past crimes (Correct answer)

Correct answer: Retroactively criminalizes conduct or increases punishment for past crimes

The Ex Post Facto Clause prohibits laws that retroactively criminalize acts, increase penalties, or reduce the evidence needed for conviction.

Question 90: What is the standard for probable cause?

A mere hunch by law enforcement
Evidence beyond a reasonable doubt
Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed (Correct answer)
Absolute certainty that a crime occurred

Correct answer: Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed

Probable cause exists when there are sufficient facts and circumstances to lead a reasonable person to believe that criminal activity is afoot or evidence will be found.

Question 91: Oklahoma's constitution, compared to the U.S. Constitution, generally:

Is subordinate to federal statutes on all matters
May provide greater, but not lesser, individual rights (Correct answer)
Must mirror federal constitutional provisions exactly
Provides fewer individual rights

Correct answer: May provide greater, but not lesser, individual rights

State constitutions may provide broader protections than the federal constitution but cannot provide less than the federal floor.

Question 92: A state grants a tax exemption only to religious organizations, excluding secular nonprofits with similar charitable functions. A secular charity sues. Under the Establishment Clause and Equal Protection analysis, what is the central question?

Whether the state legislature acted unanimously
Whether taxation of any nonprofit is constitutional
Whether the exemption impermissibly favors religion over non-religion without adequate justification (Correct answer)
Whether the charity has enough members

Correct answer: Whether the exemption impermissibly favors religion over non-religion without adequate justification

Government benefits reserved exclusively for religious entities raise the question of impermissible preference for religion over non-religion.

Question 93: In Oklahoma workers' compensation law, what is the exclusive remedy rule?

The rule applies only to fatal workplace accidents
Employees may choose between workers' compensation and unlimited tort damages for any workplace injury
Employers may opt out of all liability without providing any benefits
Workers' compensation is generally the sole remedy against the employer for covered workplace injuries, barring most tort suits (Correct answer)

Correct answer: Workers' compensation is generally the sole remedy against the employer for covered workplace injuries, barring most tort suits

Under the Administrative Workers' Compensation Act, compensation benefits are the exclusive remedy against employers for covered injuries, with narrow exceptions.

Question 94: Under Oklahoma's forced pooling statute, what happens to a mineral owner who does not lease or participate in a drilling unit?

They forfeit their mineral interest permanently to the state
Drilling in the unit is prohibited until they consent
The Corporation Commission may pool their interest and give them election options, such as a bonus and royalty (Correct answer)
They automatically become a working interest owner liable for all drilling costs

Correct answer: The Corporation Commission may pool their interest and give them election options, such as a bonus and royalty

Under 52 O.S. § 87.1, the Corporation Commission can force-pool unleased owners and provide fair election alternatives like cash bonus plus royalty.

Question 95: A software company contracts to pay a developer $80,000, and the developer assigns her right to payment to a bank. The company, unaware of the assignment, pays the developer. What is the bank's position?

The bank automatically becomes a party to the original contract
The assignment is void because payment rights cannot be assigned
The bank can compel the company to pay again
The company is discharged, and the bank must recover from the developer (Correct answer)

Correct answer: The company is discharged, and the bank must recover from the developer

An obligor who pays the assignor without notice of the assignment is discharged, leaving the assignee to pursue the assignor.

Question 96: At what age does Oklahoma law create a rebuttable presumption that a child's custodial preference should be considered by the court?

Fourteen years old
Ten years old
Sixteen years old
Twelve years old (Correct answer)

Correct answer: Twelve years old

Oklahoma statute provides that a child twelve or older is presumed to be of sufficient age to form an intelligent preference, which the court must consider though it is not binding.

Question 97: Class action certification under FRCP Rule 23 requires satisfying all four prerequisites of numerosity, commonality, typicality, and:

Superiority
Adequacy of representation (Correct answer)
Ascertainability
Predominance

Correct answer: Adequacy of representation

Rule 23(a)'s four prerequisites are numerosity, commonality, typicality, and adequacy of representation of the class.

Question 98: A grand jury subpoenas a suspect's voice exemplar. The suspect refuses, claiming the Fifth Amendment privilege against self-incrimination. Must the suspect comply?

Yes, because voice exemplars are physical evidence, not testimonial communication (Correct answer)
No, because grand juries cannot compel evidence from suspects
Yes, but only if granted immunity first
No, because any compelled evidence violates the Fifth Amendment

Correct answer: Yes, because voice exemplars are physical evidence, not testimonial communication

The Fifth Amendment protects only testimonial communications, not physical characteristics like voice, handwriting, or blood.

Question 99: In Oklahoma, a defendant charged with a felony has the right to a preliminary hearing. What is the primary purpose of that hearing?

To select the trial jury
To set the final sentence
To determine the defendant's guilt beyond a reasonable doubt
To determine whether probable cause exists that a crime was committed and the defendant committed it (Correct answer)

Correct answer: To determine whether probable cause exists that a crime was committed and the defendant committed it

An Oklahoma preliminary hearing screens felony charges by testing for probable cause before the defendant is bound over for trial.

Question 100: Officers with a valid warrant to arrest Dan at his home enter and, while there, look inside a small desk drawer in another room and find drugs. The drugs are:

Admissible under the plain view doctrine
Inadmissible, because a protective sweep and search incident to arrest do not extend to small containers in other rooms (Correct answer)
Admissible because the arrest warrant authorized a full house search
Admissible as a search incident to a lawful arrest

Correct answer: Inadmissible, because a protective sweep and search incident to arrest do not extend to small containers in other rooms

Search incident to arrest is limited to the arrestee's wingspan, and a protective sweep covers only spaces where a person could hide.

Question 101: Under the Federal Rules of Civil Procedure, a complaint must contain:

A statement of jurisdiction and a jury demand
Detailed factual allegations supporting every element of the claim
Sworn affidavits from each witness
A short and plain statement of the claim showing the pleader is entitled to relief (Correct answer)

Correct answer: A short and plain statement of the claim showing the pleader is entitled to relief

FRCP Rule 8(a) requires only a short and plain statement of the claim showing entitlement to relief, consistent with notice pleading.

Question 102: In Oklahoma, what standard applies when determining if a defendant breached their duty of care?

Whatever the plaintiff considers reasonable
The reasonable person standard — what a prudent person would do under similar circumstances (Correct answer)
The defendant's personal standard of conduct
A standard based solely on industry custom

Correct answer: The reasonable person standard — what a prudent person would do under similar circumstances

The reasonable person standard is an objective test measuring the defendant's conduct against what a hypothetical prudent person would do in the same situation.

Question 103: In Oklahoma, which standard governs a motion for judgment as a matter of law (directed verdict) at the close of all evidence?

Whether reasonable persons could differ on the outcome (Correct answer)
Whether the trial court finds the evidence credible
Whether the non-moving party has produced any evidence
Whether the moving party has a preponderance of evidence

Correct answer: Whether reasonable persons could differ on the outcome

A directed verdict is proper only when the evidence and inferences are so one-sided that reasonable persons could not differ in their verdict.

Question 104: In a civil trial, the plaintiff calls the defendant's former employee, who testifies favorably to the defendant, surprising the plaintiff. May the plaintiff impeach her own witness?

No, unless the witness is declared hostile first
No, because a party vouches for its own witnesses
Yes, but only with prior court approval
Yes, because any party may impeach any witness under the Federal Rules (Correct answer)

Correct answer: Yes, because any party may impeach any witness under the Federal Rules

FRE 607 abolished the voucher rule and permits any party, including the calling party, to impeach a witness.

Question 105: A default judgment may be entered against a defendant who:

Fails to plead or otherwise defend within the time required after being served (Correct answer)
Disagrees with the amount of damages claimed
Fails to appear at the first hearing
Is served by publication rather than personal service

Correct answer: Fails to plead or otherwise defend within the time required after being served

FRCP Rule 55 allows entry of default and default judgment when the defendant fails to timely plead or otherwise respond after proper service.

Question 106: In Oklahoma, when a summons is served by publication, within what period must service be completed by publication for the court to acquire jurisdiction?

Once a week for four consecutive weeks
Once a day for 10 consecutive days
Once a week for three consecutive weeks (Correct answer)
Once a week for two consecutive weeks

Correct answer: Once a week for three consecutive weeks

Oklahoma statutes require service by publication to be published once a week for three consecutive weeks in a newspaper of general circulation.

Question 107: The Establishment Clause is MOST accurately described as prohibiting:

Any government acknowledgment of religion
Government laws respecting an establishment of religion (Correct answer)
Religious symbols on private property
Private religious expression in public forums

Correct answer: Government laws respecting an establishment of religion

The Establishment Clause forbids government laws respecting an establishment of religion, preventing official state sponsorship of religion.

Question 108: A seller of goods learns the buyer is insolvent while the goods are in transit. Under the UCC, the seller may:

Sue only after the buyer fails to pay
Stop delivery of the goods in transit (Correct answer)
Repossess goods already delivered months earlier without limit
Do nothing, because risk of loss has passed

Correct answer: Stop delivery of the goods in transit

UCC 2-705 permits a seller to stop delivery of goods in transit upon discovering the buyer's insolvency.

Question 109: Which of the following statements best describes the "hearsay rule" in evidence law?

Hearsay is admissible if it is made by a party to the case.
Hearsay can be used to challenge the credibility of a witness.
Hearsay is always inadmissible in court, regardless of its relevance.
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible. (Correct answer)

Correct answer: Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible.

The hearsay rule defines hearsay as an out-of-court statement offered in court to prove the truth of the matter asserted. Such statements are generally inadmissible because the declarant is not under oath and cannot be cross-examined, raising concerns about their reliability. While generally inadmissible, numerous exceptions exist that allow certain types of hearsay to be admitted if they possess particular indicia of trustworthiness.

Question 110: Under the Dormant Commerce Clause, a state law that discriminates against interstate commerce on its face will be upheld only if:

It passes rational basis review
The state legislature made an express finding of necessity
It serves a legitimate local purpose that cannot be achieved through non-discriminatory alternatives (Correct answer)
It is narrowly tailored to serve a compelling government interest

Correct answer: It serves a legitimate local purpose that cannot be achieved through non-discriminatory alternatives

Facially discriminatory state laws are subject to a near-per-se rule of invalidity and will only survive if the state shows a legitimate local purpose with no nondiscriminatory alternatives.

Question 111: In an Oklahoma individual proceeding, hearsay evidence is:

Always inadmissible
Admissible if it is the type of evidence reasonably prudent persons rely on (Correct answer)
Admissible but can never support a finding
Admissible only with the consent of both parties

Correct answer: Admissible if it is the type of evidence reasonably prudent persons rely on

Administrative hearings follow relaxed evidence rules, admitting evidence of a type commonly relied upon by reasonably prudent persons in their affairs.

Question 112: A dry cleaner loses a customer's suit needed for a job interview, and the customer sues for the lost job's salary. The customer will likely fail to recover the salary because such damages are:

Punitive in nature
Liquidated and therefore capped
Barred by the parol evidence rule
Not foreseeable to the dry cleaner at contract formation (Correct answer)

Correct answer: Not foreseeable to the dry cleaner at contract formation

Under Hadley v. Baxendale, consequential damages are recoverable only if foreseeable to the breaching party at the time of contracting.

Question 113: Attorney Emily settles a personal injury case for her client and receives a $100,000 settlement check made out to Emily's client. Emily has an outstanding $5,000 fee owed to her from the client. Under MRPC Rule 1.15, Emily should:

Deposit the full $100,000 into her client trust account, promptly notify and disburse $95,000 to the client, and withdraw her $5,000 fee only after the client's portion is disbursed (Correct answer)
Hold the full $100,000 in trust until the client agrees to the fee arrangement in writing
Deposit the $100,000 into her operating account and write a check to the client for $95,000
Cash the check and pay the client $95,000 in cash to avoid commingling issues

Correct answer: Deposit the full $100,000 into her client trust account, promptly notify and disburse $95,000 to the client, and withdraw her $5,000 fee only after the client's portion is disbursed

MRPC Rule 1.15 requires lawyers to promptly deposit client funds in a separate client trust account (IOLTA), notify the client of receipt, promptly deliver funds the client is entitled to, and keep complete records. The lawyer may not commingle client funds with personal funds. Emily must deposit the full amount in trust, disburse the client's $95,000 promptly, and withdraw her earned fee only after proper accounting — not before disbursing the client's share.

Question 114: Which of the following statements is true regarding the Fourth Amendment's protection against unreasonable searches and seizures?

The Fourth Amendment allows for warrantless searches if there is probable cause or exigent circumstances. (Correct answer)
The Fourth Amendment only applies to searches conducted by federal agents.
The Fourth Amendment requires a warrant for all searches, regardless of the circumstances.
Evidence obtained from a search that violates the Fourth Amendment is always admissible in court.

Correct answer: The Fourth Amendment allows for warrantless searches if there is probable cause or exigent circumstances.

The Fourth Amendment generally requires a warrant, based on probable cause, for searches and seizures. However, there are well-established exceptions to this warrant requirement. These exceptions include situations with probable cause and exigent circumstances (like preventing the destruction of evidence or hot pursuit), searches incident to a lawful arrest, or searches conducted with valid consent. In such cases, a warrantless search is permissible.

Question 115: The prosecution fails to disclose material exculpatory evidence that the defense never requested. Under Brady and its progeny, the conviction must be reversed if:

There is a reasonable probability the result would have been different had the evidence been disclosed (Correct answer)
The defense can show the prosecutor acted in bad faith
The defense made at least a general discovery request
The evidence would have been admissible at trial regardless of weight

Correct answer: There is a reasonable probability the result would have been different had the evidence been disclosed

Brady materiality turns on a reasonable probability of a different outcome, and no defense request or bad faith is required.

Question 116: A defendant is charged with burglary. At trial, the prosecution offers evidence that the defendant committed a similar burglary two years earlier to show his propensity to commit burglaries. Is this evidence admissible?

Yes, because prior convictions are always admissible against criminal defendants
Yes, because burglary is a crime of dishonesty
No, because character evidence is never admissible in criminal cases
No, because prior crimes are inadmissible to prove propensity to commit the charged crime (Correct answer)

Correct answer: No, because prior crimes are inadmissible to prove propensity to commit the charged crime

Under FRE 404(b), prior bad acts cannot be used to show propensity, though they may be admissible for non-propensity purposes like motive or identity.

Question 117: A charitable trust for a specific school fails when the school closes. A court applying cy pres will:

Allow the trustee to keep the assets personally
Redirect the trust to a similar charitable purpose if the settlor had general charitable intent (Correct answer)
Terminate the trust and return assets to the settlor's heirs automatically
Convert the trust into a private trust

Correct answer: Redirect the trust to a similar charitable purpose if the settlor had general charitable intent

Cy pres lets a court substitute a charitable purpose as near as possible to the original when the settlor had general charitable intent.

Question 118: At a murder trial, the State offers the victim's statement, "Joe stabbed me," whispered to a paramedic while the victim believed death was imminent; the victim later died. Under the dying declaration exception, is the statement admissible?

Yes, in a homicide prosecution, a statement about the cause of death made under belief of imminent death is admissible (Correct answer)
No, because the victim actually died, making cross-examination impossible
Yes, but only if the paramedic recorded the statement in writing
No, because dying declarations apply only in civil cases

Correct answer: Yes, in a homicide prosecution, a statement about the cause of death made under belief of imminent death is admissible

A dying declaration concerning the cause or circumstances of impending death is admissible in a homicide prosecution when the declarant believed death was imminent.

Question 119: A defendant waives his Miranda rights and confesses, but police obtained an earlier unwarned confession in a deliberate two-step interrogation designed to undermine Miranda. Under Missouri v. Seibert, the second confession is:

Admissible, because valid warnings preceded it
Inadmissible only if the two sessions occurred in different locations
Admissible if the confession was voluntary
Inadmissible, because midstream warnings in a deliberate two-step interrogation do not effectively convey the right to remain silent (Correct answer)

Correct answer: Inadmissible, because midstream warnings in a deliberate two-step interrogation do not effectively convey the right to remain silent

Seibert condemns the deliberate question-first tactic, holding that midstream Miranda warnings are ineffective in such circumstances.

Question 120: What is the double jeopardy clause?

A requirement to face two juries simultaneously
The right to two appeals
The Fifth Amendment prohibition against being tried twice for the same offense (Correct answer)
Protection against receiving two sentences

Correct answer: The Fifth Amendment prohibition against being tried twice for the same offense

The Double Jeopardy Clause of the Fifth Amendment prevents the government from prosecuting a person twice for the same offense or imposing multiple punishments for the same crime.

Question 121: Compulsory counterclaims under FRCP Rule 13(a) are claims that:

The defendant chooses to assert against any third party
Exceed the amount in controversy of the original claim
Arise out of the same transaction or occurrence as the opposing party's claim and must be raised or be waived (Correct answer)
Raise federal questions regardless of the original claim

Correct answer: Arise out of the same transaction or occurrence as the opposing party's claim and must be raised or be waived

Rule 13(a) requires a defendant to raise compulsory counterclaims arising from the same transaction or forfeit them in future litigation.

Question 122: At trial, a witness testifies that she saw the defendant's car speeding. On cross-examination, defense counsel asks about her prior statement to police that the car was 'moving slowly.' The prior statement was not made under oath. For what purpose is it admissible?

Impeachment only, as a prior inconsistent statement not made under oath (Correct answer)
Substantive evidence and impeachment
Substantive evidence only
Neither purpose, because it is hearsay

Correct answer: Impeachment only, as a prior inconsistent statement not made under oath

A prior inconsistent statement not made under oath at a proceeding is admissible only to impeach, not as substantive evidence under FRE 801(d)(1)(A).

Question 123: Under the UCC, which of the following is true regarding an offer to buy goods?

An offer to buy goods for immediate shipment is irrevocable if the seller has started performance. (Correct answer)
An offer to buy goods for immediate shipment is valid only if the buyer agrees to pay in advance.
An offer to buy goods must include a specific price term to be valid.
An offer to buy goods for immediate shipment can be revoked at any time before acceptance.

Correct answer: An offer to buy goods for immediate shipment is irrevocable if the seller has started performance.

Under the Uniform Commercial Code (UCC), an offer to buy goods for prompt or current shipment invites acceptance either by a prompt promise to ship or by prompt or current shipment itself. If the seller begins performance (e.g., preparing the goods for shipment) in response to such an offer, this action constitutes acceptance. Once accepted through performance, the offer becomes irrevocable, protecting the seller who has already acted on the buyer's proposal.

Question 124: What is promissory estoppel?

A requirement that all promises must be in writing
A doctrine enforcing promises when a party reasonably relied on the promise to their detriment (Correct answer)
A promise made in a courtroom
A promise that was signed and notarized

Correct answer: A doctrine enforcing promises when a party reasonably relied on the promise to their detriment

Promissory estoppel allows enforcement of a promise without consideration when the promisor should have expected reliance, the promisee did rely to their detriment, and injustice can only be avoided by enforcement.

Question 125: A father in Oklahoma stops paying court-ordered child support after losing his job but never seeks a modification. Six months later he petitions to reduce his arrearage retroactively. What result?

Denied only if the mother objects in writing
Denied, because Oklahoma child support installments become final judgments that cannot be retroactively modified (Correct answer)
Granted, because job loss automatically abates support
Granted, because six months of arrears is de minimis

Correct answer: Denied, because Oklahoma child support installments become final judgments that cannot be retroactively modified

Each child support installment becomes a judgment when due in Oklahoma, so arrearages cannot be retroactively modified; relief operates only prospectively from the filing of a modification motion.

Question 126: In Oklahoma, until what point does a parent's child support obligation ordinarily continue for a child who is still in high school?

Until age 18 in all cases
Until college graduation
Until age 21 regardless of enrollment
Until age 20 if the child is regularly attending high school (Correct answer)

Correct answer: Until age 20 if the child is regularly attending high school

Oklahoma support continues until 18, or if the child is still regularly enrolled in and attending high school, until graduation or age 20, whichever occurs first.

Question 127: Under the Oklahoma Administrative Procedures Act, which type of agency proceeding requires notice and an opportunity for a hearing before an individual's license may be revoked?

An informal conference only
An individual proceeding (adjudication) (Correct answer)
A declaratory ruling
A rulemaking proceeding

Correct answer: An individual proceeding (adjudication)

License revocations affect specific parties' legal rights and therefore must proceed as individual proceedings with notice and hearing under the Oklahoma APA.

Question 128: Police attach a GPS tracker to a suspect's car without a warrant and monitor it for 28 days. Under United States v. Jones, this conduct is:

A search, because the physical trespass to the vehicle to obtain information triggers the Fourth Amendment (Correct answer)
Not a search, because movements on public roads carry no expectation of privacy
Not a search, because the tracker collected only location data
A search only if the car entered private property

Correct answer: A search, because the physical trespass to the vehicle to obtain information triggers the Fourth Amendment

Jones held that physically installing a GPS device on a vehicle to gather information is a Fourth Amendment search under a trespass theory.

Question 129: Under Oklahoma's interpleader statute, a stakeholder holding property claimed by two or more claimants may deposit the property with the court and be discharged from liability if the stakeholder:

Files the action before any claimant has initiated suit
Admits liability to all claimants equally
Obtains written consent from all claimants to interplead
Has no independent interest in the property and acknowledges owing the property to one of the claimants (Correct answer)

Correct answer: Has no independent interest in the property and acknowledges owing the property to one of the claimants

Interpleader requires the stakeholder to be a disinterested party who merely holds the disputed property and acknowledges the obligation to deliver it.

Question 130: A buyer and seller sign a fully integrated written contract for the sale of land. The buyer seeks to introduce evidence of a prior oral agreement that contradicts the price term. Under the parol evidence rule, the evidence is:

Admissible, because price is a negotiable term
Admissible, because oral agreements always supplement writings
Inadmissible, only if the seller objects at trial
Inadmissible, because prior agreements contradicting a fully integrated writing are barred (Correct answer)

Correct answer: Inadmissible, because prior agreements contradicting a fully integrated writing are barred

The parol evidence rule bars prior or contemporaneous agreements that contradict the terms of a fully integrated written contract.

Question 131: An agency head who personally investigated a case also serves as the final decision-maker in the adjudication. The respondent's best due process objection is:

Improper delegation of legislative power
Lack of subject-matter jurisdiction
Violation of the nondelegation doctrine
Impermissible combination of investigative and adjudicative functions creating bias (Correct answer)

Correct answer: Impermissible combination of investigative and adjudicative functions creating bias

Due process may be violated when the same official's deep personal involvement in investigation creates an unacceptable risk of bias in adjudication.

Question 132: What is the mailbox rule in contract law?

Contracts must be mailed to be valid
All contract communications must be in writing
An offer expires when placed in the mailbox
An acceptance is effective when dispatched by the offeree, not when received by the offeror (Correct answer)

Correct answer: An acceptance is effective when dispatched by the offeree, not when received by the offeror

The mailbox rule provides that an acceptance becomes effective at the moment of dispatch (when mailed), creating a contract even before the offeror receives it.

Question 133: A homeowner hires a contractor to build a deck for $10,000. After the contractor completes 80% of the work, the homeowner repudiates without cause. The contractor's cost to complete would have been $1,000. What can the contractor recover in expectation damages?

Only restitution for the value of work done
Nothing, because the deck was not completed
$10,000 minus $1,000 saved, or $9,000, less any progress payments received (Correct answer)
$10,000 regardless of costs saved

Correct answer: $10,000 minus $1,000 saved, or $9,000, less any progress payments received

Expectation damages put the contractor where full performance would have, meaning the contract price less costs avoided by the breach.

Question 134: During a custodial interrogation, a suspect says, 'Maybe I should talk to a lawyer.' The police continue questioning and obtain a confession. Is the confession admissible?

No, because any mention of a lawyer requires questioning to stop
No, because confessions during custody are always inadmissible
Yes, because the suspect's ambiguous statement did not clearly invoke the right to counsel (Correct answer)
Yes, but only if the suspect signs a written waiver afterward

Correct answer: Yes, because the suspect's ambiguous statement did not clearly invoke the right to counsel

Under Davis v. United States, police must stop questioning only upon an unambiguous request for counsel, and an equivocal statement does not qualify.

Question 135: Art and Ben agree to rob a bank. Art purchases a getaway car, and Ben scouts the bank's layout. Before any robbery attempt, they are arrested. At common law, which crime have Art and Ben committed?

Attempted robbery, because their planning constitutes a 'substantial step'
Solicitation only, because Ben asked Art to join the plan
No crime, because a crime requires an overt act beyond mere planning
Conspiracy, because they agreed to commit a crime and at least one took an overt act in furtherance (Correct answer)

Correct answer: Conspiracy, because they agreed to commit a crime and at least one took an overt act in furtherance

Conspiracy at common law requires (1) an agreement between two or more persons (2) to commit an unlawful act. Many jurisdictions also require an overt act in furtherance — purchasing the car and scouting the bank both qualify. Unlike attempt, conspiracy is complete upon the agreement plus overt act, and no nearness to completion of the target crime is required.

Question 136: A defendant seeks to suppress evidence found in a friend's apartment where he was merely a short-term visitor present for a business transaction. Under Minnesota v. Carter, the motion should be:

Granted, because the search occurred in a residence
Granted, because all guests share the host's Fourth Amendment rights
Denied only if the defendant disclaims ownership of the evidence
Denied, because a brief commercial visitor lacks a legitimate expectation of privacy in another's home (Correct answer)

Correct answer: Denied, because a brief commercial visitor lacks a legitimate expectation of privacy in another's home

Carter held that short-term visitors present solely for business purposes lack standing to challenge a search of the premises.

Question 137: Two defendants agree to rob a bank. Before the robbery occurs, one defendant calls the police and reveals the entire plan. In a jurisdiction following the common law, is the withdrawing defendant still guilty of conspiracy?

No, because notifying police is a complete defense to conspiracy
No, because withdrawal negates the agreement
Yes, but only if the robbery is actually carried out
Yes, because the conspiracy was complete upon the agreement (Correct answer)

Correct answer: Yes, because the conspiracy was complete upon the agreement

At common law, conspiracy is complete at the moment of agreement, so later withdrawal does not erase conspiracy liability, though it may cut off liability for co-conspirators' future crimes.

Question 138: Defendant is charged in Oklahoma with a misdemeanor punishable by up to six months in jail, and the judge intends to impose only a fine. Under the Sixth Amendment, a jury trial is:

Not constitutionally required, because petty offenses with a maximum of six months or less carry no federal jury right (Correct answer)
Required whenever jail is theoretically possible
Required for all criminal prosecutions
Required only in felony cases in every state

Correct answer: Not constitutionally required, because petty offenses with a maximum of six months or less carry no federal jury right

The federal jury right attaches only to serious offenses, generally those punishable by more than six months' imprisonment.

Question 139: In an Oklahoma civil action, which party bears the burden of proving a statute of limitations defense?

The party with the greater number of witnesses
The defendant asserting the defense (Correct answer)
Neither party; the court determines it independently
The plaintiff, once the issue is raised

Correct answer: The defendant asserting the defense

The statute of limitations is an affirmative defense, and the burden of pleading and proving it falls on the defendant who asserts it.

Question 140: What is a prenuptial agreement?

A post-divorce settlement agreement
A custody arrangement made before having children
A contract entered before marriage that defines property rights and obligations in case of divorce or death (Correct answer)
A marriage license requirement in all states

Correct answer: A contract entered before marriage that defines property rights and obligations in case of divorce or death

A prenuptial agreement is a contract between prospective spouses that sets forth terms for property division, spousal support, and other financial matters in the event of divorce or death.

Question 141: Res ipsa loquitur permits an inference of negligence when:

The event ordinarily does not occur without negligence and the instrumentality was in the defendant's exclusive control (Correct answer)
The plaintiff presents direct eyewitness testimony of carelessness
Any accident occurs on commercial property
The defendant admits fault in pleadings

Correct answer: The event ordinarily does not occur without negligence and the instrumentality was in the defendant's exclusive control

Res ipsa loquitur allows the jury to infer negligence from the circumstances when direct evidence is unavailable.

Question 142: A buyer receives a delivery of 1,000 light fixtures and discovers 5% are defective after a reasonable inspection period passes without objection. Under the UCC, the buyer has most likely:

Rejected the goods by silence
Accepted the goods and must pay, subject to a remedy for the nonconformity (Correct answer)
Revoked acceptance automatically
Voided the entire contract

Correct answer: Accepted the goods and must pay, subject to a remedy for the nonconformity

Failure to reject within a reasonable time after opportunity to inspect constitutes acceptance, though the buyer retains damages remedies for nonconformity.

Question 143: What is the difference between separate and marital property in divorce?

Separate property includes everything in one spouse's name
All property becomes marital upon marriage
Separate property was owned before marriage or received as a gift; marital property was acquired during marriage (Correct answer)
There is no legal distinction between property types

Correct answer: Separate property was owned before marriage or received as a gift; marital property was acquired during marriage

Separate property generally includes assets owned before marriage, inherited individually, or received as gifts. Marital property includes assets acquired during the marriage through joint effort.

Question 144: A vendor mistakenly bids $10,000 on a project all other bidders priced near $100,000, and the offeree hurries to accept. The vendor's best defense to enforcement is:

Frustration of purpose
Mutual mistake about a basic assumption
Unilateral mistake that the other party knew or should have known about (Correct answer)
Lack of capacity

Correct answer: Unilateral mistake that the other party knew or should have known about

A unilateral mistake is a defense when the nonmistaken party knew or had reason to know of the error, as with an obviously erroneous bid.

Question 145: Paula breaks into a warehouse at night intending to steal electronics. She is surprised by a security guard and, fearing arrest, strikes him with her fist, breaking his nose. Paula is most likely guilty of:

Robbery, because she used force against a person in connection with a theft
Burglary only, because the assault was incidental to the original felony
Burglary and battery, because these are separate offenses committed at separate times (Correct answer)
Larceny and assault, because burglary requires entry with intent to commit a misdemeanor

Correct answer: Burglary and battery, because these are separate offenses committed at separate times

Robbery requires force or intimidation used to take property from a person. Here, Paula had already entered and begun a theft (burglary), and the later force was not used to take property from the guard — it was used to escape. Burglary was complete at entry with intent to steal, and the strike on the guard constitutes battery (harmful contact). Robbery does not apply because the force was not used 'in the course of' taking property.

Question 146: A pedestrian is struck by a driver who ran a red light. The pedestrian had been jaywalking at the time. In a pure comparative negligence jurisdiction, the jury finds the pedestrian 60% at fault and damages of $100,000. How much does the pedestrian recover?

Nothing, because the pedestrian was more than 50% at fault
$60,000
$100,000
$40,000 (Correct answer)

Correct answer: $40,000

In pure comparative negligence, a plaintiff recovers damages reduced by their own percentage of fault, regardless of how high that percentage is.

Question 147: When the government seeks to introduce evidence obtained in violation of the Fourth Amendment, the exclusionary rule's primary purpose is to:

Enforce the constitutional requirement that warrants be based on probable cause
Deter future police misconduct by removing the incentive to conduct unconstitutional searches (Correct answer)
Preserve the integrity of the judicial process by punishing the government
Compensate defendants for the violation of their constitutional rights

Correct answer: Deter future police misconduct by removing the incentive to conduct unconstitutional searches

The Supreme Court has consistently held that the primary, and essentially sole, purpose of the exclusionary rule is deterrence of future Fourth Amendment violations by law enforcement.

Question 148: A motion to dismiss under FRCP Rule 12(b)(6) tests whether:

The court has jurisdiction over the subject matter
The defendant has a meritorious defense
The complaint states a claim upon which relief can be granted (Correct answer)
Service of process was proper

Correct answer: The complaint states a claim upon which relief can be granted

A Rule 12(b)(6) motion challenges the legal sufficiency of the complaint, asking whether the allegations state a cognizable claim.

Question 149: An uncle promises his nephew $10,000 if the nephew refrains from smoking until age 25. The nephew complies. Which doctrine best supports enforcement?

Moral obligation, because family promises are binding
Promissory estoppel, because the nephew relied to his detriment
Bargained-for consideration, because forbearance of a legal right is consideration (Correct answer)
Quasi-contract, because the uncle was unjustly enriched

Correct answer: Bargained-for consideration, because forbearance of a legal right is consideration

Forbearance from a legal right, such as smoking, is valid bargained-for consideration under the classic Hamer v. Sidway rule.

Question 150: A personal representative in an Oklahoma probate breaches her fiduciary duty by:

Publishing notice to creditors
Filing an inventory of estate assets
Using estate funds to pay her personal debts (Correct answer)
Hiring an attorney to assist with administration

Correct answer: Using estate funds to pay her personal debts

Commingling or using estate assets for personal benefit is self-dealing and a clear breach of fiduciary duty.

Question 151: Congress passes a law requiring state legislatures to enact specific gun-registration statutes. A state challenges the law. What is the strongest constitutional objection?

Congress lacks any power over firearms
The law violates the Contracts Clause
The law violates the Second Amendment automatically
The anti-commandeering doctrine bars Congress from compelling states to legislate (Correct answer)

Correct answer: The anti-commandeering doctrine bars Congress from compelling states to legislate

Under New York v. United States and Printz, the Tenth Amendment forbids Congress from commandeering state legislatures or officers.

Question 152: A contract for the sale of a house includes a clause requiring $100,000 in 'liquidated damages' for any breach, regardless of severity. A court will most likely find this clause:

Enforceable only if actual damages exceed $100,000
Automatically converted into nominal damages
Unenforceable as a penalty if it is not a reasonable forecast of harm that was difficult to estimate (Correct answer)
Enforceable, because parties may fix damages freely

Correct answer: Unenforceable as a penalty if it is not a reasonable forecast of harm that was difficult to estimate

Liquidated damages clauses are enforceable only if damages were difficult to estimate and the amount is a reasonable forecast; otherwise they are void penalties.

Question 153: A seller of a home knows the basement floods every spring but says nothing to the buyer, who does not ask. After purchase, the basement floods. In most jurisdictions today, can the buyer recover for fraudulent nondisclosure?

Yes, because sellers must disclose known latent material defects not discoverable by reasonable inspection (Correct answer)
No, because the buyer never asked about flooding
No, because caveat emptor bars all nondisclosure claims
Yes, but only if the contract contained a disclosure clause

Correct answer: Yes, because sellers must disclose known latent material defects not discoverable by reasonable inspection

Most jurisdictions require home sellers to disclose known, latent, material defects that a buyer could not reasonably discover.

Question 154: An agency inspector demands warrantless entry into a business's non-public areas for a routine inspection, and no closely regulated industry exception applies. The business may:

Demand a jury decide the inspection's scope
Refuse entry without penalty until an administrative warrant is obtained (Correct answer)
Refuse only if a crime is suspected
Never refuse an agency inspector

Correct answer: Refuse entry without penalty until an administrative warrant is obtained

Absent consent or a recognized exception such as a closely regulated industry, administrative inspections of commercial premises require an administrative warrant.

Question 155: Under Oklahoma's class action rules, which of the following is NOT one of the four prerequisites for class certification?

Commonality of questions of law or fact
Typicality of the representative's claims
Superiority of the class action over individual suits (Correct answer)
Numerosity of class members

Correct answer: Superiority of the class action over individual suits

Superiority is a requirement for Rule 23(b)(3)-type classes but is not one of the four threshold prerequisites (numerosity, commonality, typicality, adequacy).

Question 156: When are Miranda warnings required?

Upon any contact with police
Only after formal arrest
Only for felony suspects
During custodial interrogation by law enforcement (Correct answer)

Correct answer: During custodial interrogation by law enforcement

Miranda warnings are required when a person is in custody and subject to interrogation. Both elements must be present to trigger the requirement.

Question 157: Under the doctrine of forum non conveniens, a court may dismiss a case when:

An alternative forum exists that is significantly more convenient and the balance of private and public interests favors dismissal (Correct answer)
The defendant prefers a different forum
Federal jurisdiction is lacking
The plaintiff is a resident of a foreign state

Correct answer: An alternative forum exists that is significantly more convenient and the balance of private and public interests favors dismissal

Forum non conveniens allows dismissal when a substantially more convenient alternative forum exists and both private and public interest factors favor it.

Question 158: A wealthy woman contracts with a landscaper to beautify a park, intending the neighboring school to benefit from the view. The school sues when the landscaper breaches. The school will likely lose because it is:

A creditor beneficiary barred by the statute of frauds
An assignee who failed to give notice
A donee beneficiary whose rights never vested
An incidental beneficiary with no enforcement rights (Correct answer)

Correct answer: An incidental beneficiary with no enforcement rights

A party who benefits only indirectly from a contract is an incidental beneficiary and cannot enforce it.

Question 159: Can grandparents obtain visitation rights?

Only paternal grandparents have visitation rights
In limited circumstances, courts may grant grandparent visitation if it serves the child's best interest (Correct answer)
Grandparents can never obtain court-ordered visitation
Grandparents always have automatic visitation rights

Correct answer: In limited circumstances, courts may grant grandparent visitation if it serves the child's best interest

Courts may grant grandparent visitation in specific circumstances, typically when the parents' marriage has been disrupted and visitation serves the child's best interest, balanced against parental rights.

Question 160: A driver negligently crashes into a utility pole, cutting power to a nearby restaurant, which loses a day's profits. The restaurant sues the driver for its lost profits. Under the majority rule, can the restaurant recover?

Yes, because negligence per se applies
No, because the utility company is solely liable
No, because purely economic loss without physical harm is generally not recoverable in negligence (Correct answer)
Yes, because the loss was foreseeable

Correct answer: No, because purely economic loss without physical harm is generally not recoverable in negligence

The economic loss rule bars negligence recovery for pure economic harm unaccompanied by physical injury or property damage.

Question 161: A landowner excavates near the boundary and his neighbor's land, in its natural state, subsides. The excavating owner is:

Liable only if negligent
Liable only for damage to structures
Strictly liable for withdrawing lateral support of land in its natural condition (Correct answer)
Not liable absent a support easement

Correct answer: Strictly liable for withdrawing lateral support of land in its natural condition

A landowner is strictly liable when excavation causes adjacent land in its natural, unimproved state to subside.

Question 162: A city ordinance bans all door-to-door solicitation without prior written permission from each homeowner. A religious group challenges the ordinance. What is the most likely result?

The ordinance is valid as a reasonable time, place, and manner regulation
The ordinance is invalid as an overly broad restriction on protected speech and religious expression (Correct answer)
The ordinance is valid because homes are private property
The ordinance is invalid only as applied to commercial solicitors

Correct answer: The ordinance is invalid as an overly broad restriction on protected speech and religious expression

Blanket permission requirements for door-to-door advocacy, as in Watchtower v. Stratton, sweep too broadly and violate the First Amendment.

Question 163: Which factor is an Oklahoma court prohibited from using as the sole basis for denying custody to a parent?

A protective order entered against the parent
Evidence of ongoing domestic abuse
The parent's history of child neglect
The parent's disability, standing alone (Correct answer)

Correct answer: The parent's disability, standing alone

Oklahoma law provides that a parent's disability alone cannot be the basis for denying or restricting custody absent a showing that it harms the child.

Question 164: Which trust may a settlor generally modify or revoke at any time during life?

A testamentary trust after the testator's death
A charitable trust enforced by the attorney general
An irrevocable trust without beneficiary consent
A revocable inter vivos trust (Correct answer)

Correct answer: A revocable inter vivos trust

A revocable living trust remains subject to the settlor's power to amend or revoke while the settlor is alive and competent.

Question 165: A preliminary injunction requires the moving party to show, among other things:

Prior attempts at negotiation have failed
Certain success on the merits and financial harm only
Likelihood of success on the merits, irreparable harm, balance of equities in its favor, and that relief serves the public interest (Correct answer)
A jury demand has been filed

Correct answer: Likelihood of success on the merits, irreparable harm, balance of equities in its favor, and that relief serves the public interest

Courts apply a four-factor test for preliminary injunctions: likelihood of success, irreparable harm, balance of harms, and public interest.

Question 166: When a plaintiff voluntarily dismisses an action without prejudice for the second time against the same defendant on the same claim in Oklahoma, what is the effect?

The dismissal operates as an adjudication on the merits (Correct answer)
The plaintiff may refile within the savings statute period
The defendant may seek sanctions for the second dismissal
The court must approve the second dismissal by order

Correct answer: The dismissal operates as an adjudication on the merits

Oklahoma's two-dismissal rule provides that a second voluntary dismissal of the same claim against the same defendant operates as an adjudication on the merits.

Question 167: A law conditioning a government benefit on the recipient's agreement not to engage in constitutionally protected speech is best analyzed under which doctrine?

Unconstitutional conditions doctrine (Correct answer)
Prior restraint doctrine
Overbreadth doctrine
Vagueness doctrine

Correct answer: Unconstitutional conditions doctrine

The unconstitutional conditions doctrine prohibits the government from conditioning a benefit on the waiver of a constitutional right it could not otherwise abridge directly.

Question 168: What is the residency requirement for filing a divorce in Oklahoma?

The petitioner must meet state-specific residency requirements before filing (Correct answer)
No residency requirement exists
Both spouses must live in the state
Only federal citizenship is required

Correct answer: The petitioner must meet state-specific residency requirements before filing

Oklahoma requires the filing spouse to meet specific residency requirements, which typically include living in the state and county for a minimum period before filing the divorce petition.

Question 169: When a plaintiff in Oklahoma files a petition that fails to state a claim upon which relief can be granted, the proper motion is a:

Motion for summary judgment
Motion to dismiss under 12(b)(6) (Correct answer)
Motion for a more definite statement
Motion to strike redundant material

Correct answer: Motion to dismiss under 12(b)(6)

A 12(b)(6) motion challenges whether the petition's allegations, taken as true, state a legally sufficient claim for relief.

Question 170: What is the right to a speedy trial?

The right to delay trial indefinitely
The Sixth Amendment right to be tried without unnecessary delay after being charged (Correct answer)
The right to complete trial within 24 hours of arrest
A right that applies only to misdemeanors

Correct answer: The Sixth Amendment right to be tried without unnecessary delay after being charged

The Sixth Amendment guarantees a speedy trial, evaluated by balancing the length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

Question 171: Under Oklahoma law, which doctrine prevents re-litigation of issues that were actually litigated and necessarily decided in a prior action between the same parties?

Res judicata (claim preclusion)
Laches
Judicial estoppel
Collateral estoppel (issue preclusion) (Correct answer)

Correct answer: Collateral estoppel (issue preclusion)

Collateral estoppel bars re-litigation of specific issues actually litigated, necessarily decided, and essential to the prior judgment.

Question 172: A buyer contracts to purchase a rare painting, but before delivery the painting is destroyed in a fire through no fault of either party. The seller's duty to deliver is most likely:

Converted into a duty to pay the buyer's expectation damages
Discharged by impossibility, because the specific subject matter was destroyed (Correct answer)
Enforceable, because sellers bear all risk of loss
Suspended until the seller finds a comparable painting

Correct answer: Discharged by impossibility, because the specific subject matter was destroyed

Destruction of the specific, irreplaceable subject matter of a contract without fault discharges the duty under the doctrine of impossibility.

Question 173: When drafting a motion to dismiss for failure to state a claim in Oklahoma, which of the following elements is essential?

A request for additional time to file an answer.
An assertion that the facts alleged in the complaint are incorrect.
An argument that even if all facts in the complaint are true, they do not constitute a legal claim for relief. (Correct answer)
A statement that the plaintiff’s claim is barred by a statute of limitations.

Correct answer: An argument that even if all facts in the complaint are true, they do not constitute a legal claim for relief.

A motion to dismiss for failure to state a claim challenges the legal sufficiency of the complaint, not the factual accuracy. The moving party argues that even if all the factual allegations made by the plaintiff are accepted as true, those facts do not, as a matter of law, establish a valid cause of action for which relief can be granted. This motion seeks to resolve a case early if the plaintiff's claims are legally deficient.

Question 174: Under Oklahoma's certificate of merit requirement in professional negligence cases, a plaintiff generally must do what?

Attach an affidavit that a qualified expert has opined the claim is meritorious, or plead an exemption (Correct answer)
Wait two years after the injury before filing suit
Obtain leave from the Oklahoma Supreme Court before filing
Deposit the defendant's estimated attorney fees with the court

Correct answer: Attach an affidavit that a qualified expert has opined the claim is meritorious, or plead an exemption

In professional negligence actions, 12 O.S. § 19.1 requires an affidavit of expert consultation supporting the claim's merit unless an exception applies.

Question 175: An unmarried Oklahoma father signed an acknowledgment of paternity at the hospital. Two months later he doubts he is the father. What is his best immediate remedy?

Nothing; an acknowledgment can never be undone
Rescind the acknowledgment within the statutory 60-day-or-first-hearing window, or thereafter challenge it for fraud, duress, or material mistake (Correct answer)
File a quiet title action
Simply stop paying support and wait for enforcement

Correct answer: Rescind the acknowledgment within the statutory 60-day-or-first-hearing window, or thereafter challenge it for fraud, duress, or material mistake

Under Oklahoma's parentage scheme, an acknowledgment may be rescinded within 60 days or before the first related proceeding, and afterward may only be challenged on grounds of fraud, duress, or material mistake of fact.

Question 176: A man points an unloaded gun at a victim, who reasonably believes it is loaded and fears being shot. The man is charged with assault. Is he guilty?

Yes, but only if the victim was physically injured
Yes, because he intentionally placed the victim in reasonable apprehension of imminent harm (Correct answer)
No, because assault requires physical contact
No, because the gun was unloaded and could not cause harm

Correct answer: Yes, because he intentionally placed the victim in reasonable apprehension of imminent harm

Assault requires only intentional creation of reasonable apprehension of imminent bodily harm, not actual ability to inflict it.

Question 177: What is the exclusionary rule?

Evidence obtained in violation of constitutional rights is inadmissible at trial (Correct answer)
Only confessions can be excluded from evidence
Evidence rules that apply only in federal courts
All evidence that excludes the defendant is inadmissible

Correct answer: Evidence obtained in violation of constitutional rights is inadmissible at trial

The exclusionary rule prevents the prosecution from using evidence obtained through unconstitutional means, deterring law enforcement from violating constitutional rights.

Question 178: A contract states that the buyer's duty to pay arises 'only if the goods pass a third-party quality inspection.' The inspection never occurs through no one's fault. The buyer's payment duty is:

Discharged, because an express condition precedent was not satisfied (Correct answer)
Absolute, because conditions are disfavored
Suspended only until the buyer waives the condition
Enforceable, because substantial performance excuses conditions

Correct answer: Discharged, because an express condition precedent was not satisfied

When an express condition precedent fails, the duty it qualifies never arises and is discharged.

Question 179: Donna is charged with first-degree murder. She claims she acted in self-defense. Under the majority rule, which of the following is required for a valid self-defense claim?

The defendant may use any amount of force if she subjectively believed she was in danger, even if a reasonable person would not agree
Self-defense is unavailable when the charged offense is first-degree murder
The defendant must have an honest and reasonable belief that deadly force was immediately necessary to prevent death or serious bodily harm, and the threat must not be the defendant's fault (Correct answer)
The defendant must have retreated to the wall before using deadly force in all circumstances

Correct answer: The defendant must have an honest and reasonable belief that deadly force was immediately necessary to prevent death or serious bodily harm, and the threat must not be the defendant's fault

Under the majority rule, self-defense requires: (1) an honest and reasonable (objective) belief that (2) deadly force was immediately necessary (3) to prevent imminent death or serious bodily harm, and (4) the defendant was not the initial aggressor. The 'retreat' rule is the minority position; most jurisdictions allow standing one's ground if otherwise entitled to be there.

Question 180: A deed is delivered to a grantee but never recorded. The grantor then sells the same land to a second buyer who pays value, knows nothing of the first deed, and records immediately. In a notice jurisdiction, who owns the land?

The second buyer, as a bona fide purchaser without notice (Correct answer)
The first grantee, because the first deed was delivered first
Both parties as tenants in common
The grantor, because the first conveyance was void

Correct answer: The second buyer, as a bona fide purchaser without notice

In a notice jurisdiction, a subsequent bona fide purchaser for value without notice of the prior unrecorded conveyance prevails.

Question 181: A singer contracts to perform exclusively at one venue for a year, then breaches to sing elsewhere. The venue's most likely equitable remedy is:

A negative injunction preventing the singer from performing at competing venues (Correct answer)
Reformation of the contract term
Rescission and restitution of ticket revenue
Specific performance compelling the singer to perform

Correct answer: A negative injunction preventing the singer from performing at competing venues

Courts will not compel personal services but may enjoin a breaching performer from working for competitors under an exclusivity clause.

Question 182: A defendant is convicted in state court and exhausts state appeals. He then seeks federal habeas corpus relief, claiming the evidence was insufficient. What standard governs the federal court's review of the state court's merits decision?

Whether the state decision was contrary to or an unreasonable application of clearly established federal law (Correct answer)
Abuse of discretion review
De novo review of all constitutional claims
Whether the federal judge personally agrees with the verdict

Correct answer: Whether the state decision was contrary to or an unreasonable application of clearly established federal law

Under AEDPA, federal habeas relief requires that the state adjudication be contrary to or an unreasonable application of clearly established Supreme Court law.

Question 183: The Erie doctrine requires federal courts sitting in diversity to apply:

State substantive law and federal procedural law (Correct answer)
Federal law whenever it conflicts with state law
Federal common law to all substantive issues
The law of the state most closely connected to the dispute

Correct answer: State substantive law and federal procedural law

Under Erie Railroad v. Tompkins, federal courts in diversity cases must apply state substantive law while following federal procedural rules.

Question 184: Which element distinguishes false imprisonment from other intentional torts?

Confinement of the plaintiff within a bounded area with no reasonable means of escape (Correct answer)
Physical contact that is harmful or offensive
Entry onto the land of another
Apprehension of imminent harmful contact

Correct answer: Confinement of the plaintiff within a bounded area with no reasonable means of escape

False imprisonment requires intentional confinement within fixed boundaries with no reasonable escape known to the plaintiff.

Question 185: A builder completes a house with a minor deviation: the wrong brand of equally priced pipe was installed inside the walls. The owner refuses to pay anything. The builder's best theory of recovery is:

Full contract price with no offset, because the deviation was trivial
Substantial performance, entitling the builder to the contract price minus any damages from the defect (Correct answer)
Quantum meruit only, because the contract was breached
No recovery, because perfect tender is required

Correct answer: Substantial performance, entitling the builder to the contract price minus any damages from the defect

Under the substantial performance doctrine, a builder who performs with only minor deviations recovers the contract price less damages caused by the defect.

Question 186: A grand jury subpoenas a target to testify. The target refuses, citing the Fifth Amendment. The prosecutor grants use and derivative use immunity. The target must now:

Refuse until counsel is present in the grand jury room
Testify only about non-incriminating matters
Testify, because use and derivative use immunity is coextensive with the Fifth Amendment privilege (Correct answer)
Still refuse, because only transactional immunity overcomes the privilege

Correct answer: Testify, because use and derivative use immunity is coextensive with the Fifth Amendment privilege

Kastigar v. United States holds that use and derivative use immunity is sufficient to compel testimony over a Fifth Amendment claim.

Question 187: In an Oklahoma robbery prosecution, the State offers evidence that the defendant committed a similar robbery two years earlier, using the same distinctive mask and phrase, to prove identity. The defense objects under the character evidence rules. What is the best analysis?

Inadmissible unless the prior robbery resulted in a conviction
Admissible as other-crimes evidence offered for the non-character purpose of proving identity through a distinctive modus operandi (Correct answer)
Inadmissible because prior crimes can never be shown unless the defendant testifies
Admissible to show the defendant has a propensity to rob

Correct answer: Admissible as other-crimes evidence offered for the non-character purpose of proving identity through a distinctive modus operandi

Other crimes or acts are inadmissible to show propensity but may be admitted for purposes such as identity when the acts share a distinctive modus operandi.

Question 188: An Oklahoma obligor seeks to terminate support alimony because his ex-wife is now voluntarily cohabiting with a new partner. What must the court find to modify the award?

Nothing; cohabitation is irrelevant to alimony in Oklahoma
Cohabitation alone automatically ends alimony with no further showing
That cohabitation exists and the recipient's need for support has changed (Correct answer)
That the new partner has formally agreed to support the recipient

Correct answer: That cohabitation exists and the recipient's need for support has changed

Oklahoma statute allows modification upon proof of voluntary cohabitation, but the obligor must still show the cohabitation affects the recipient's need for the support.

Question 189: A defendant is arrested without a warrant. Under County of Riverside v. McLaughlin, a judicial probable cause determination is presumptively prompt if held within:

72 hours of arrest
24 hours of arrest
One week of arrest
48 hours of arrest (Correct answer)

Correct answer: 48 hours of arrest

McLaughlin establishes a presumption that a probable cause determination within 48 hours of a warrantless arrest satisfies the Fourth Amendment.

Question 190: In Oklahoma, what showing is generally required to modify a prior custody order that changed which parent has custody?

The mere passage of two years since the last order
A permanent, substantial, and material change of circumstances adversely affecting the child, and that the change benefits the child (Correct answer)
The preference of a child of any age
Any change in either parent's work schedule

Correct answer: A permanent, substantial, and material change of circumstances adversely affecting the child, and that the change benefits the child

Under Oklahoma's Gibbons standard, the movant must show a permanent, substantial, and material change of conditions that adversely affects the child and that the change of custody would improve the child's welfare.

Question 191: A defendant wants to represent himself at trial. The judge finds he is competent to stand trial and his waiver of counsel is knowing and voluntary, but denies the request because self-representation is unwise. Under Faretta v. California, the denial is:

Proper, because self-representation is a privilege, not a right
Error only if standby counsel was unavailable
Error, because a competent defendant has a Sixth Amendment right to knowingly and voluntarily waive counsel and proceed pro se (Correct answer)
Proper, because courts may always require counsel in felony cases

Correct answer: Error, because a competent defendant has a Sixth Amendment right to knowingly and voluntarily waive counsel and proceed pro se

Faretta guarantees a competent defendant the right to self-representation upon a knowing and voluntary waiver of counsel.

Question 192: Carl is charged with felony murder. The prosecution alleges that Carl's co-felon, Dan, was shot and killed by the store owner during an armed robbery committed by Carl and Dan. Under the agency theory of felony murder, is Carl liable for Dan's death?

No — under the agency theory, felony murder liability extends only to killings committed by the felon or a co-felon acting as the felon's agent, not by a third-party victim or police officer (Correct answer)
No — felony murder never applies when the decedent is a co-felon
Yes — Carl is strictly liable for all deaths that occur during the commission of a felony, regardless of who caused them
Yes — the store owner's act of self-defense is foreseeable and therefore attributable to Carl under proximate cause

Correct answer: No — under the agency theory, felony murder liability extends only to killings committed by the felon or a co-felon acting as the felon's agent, not by a third-party victim or police officer

Under the majority agency theory of felony murder, a felon is only responsible for killings done by the felon or a co-felon acting in furtherance of the felony. When a third party (victim, police officer) kills someone — even a co-felon — during the felony, the agency theory denies liability because the third party is not the felon's agent. Some jurisdictions use the proximate cause theory (Answer C) as an alternative, but the agency theory is the majority rule.

Question 193: A state statute prohibits all outdoor advertising signs within 500 feet of highways but exempts signs advertising products sold on the premises. A billboard company challenges the law under the First Amendment. What standard applies to this restriction on commercial speech?

Intermediate scrutiny under the Central Hudson test (Correct answer)
The law is per se unconstitutional as a prior restraint
Strict scrutiny because speech is a fundamental right
Rational basis review because commercial speech is unprotected

Correct answer: Intermediate scrutiny under the Central Hudson test

Restrictions on truthful, non-misleading commercial speech are reviewed under the Central Hudson intermediate scrutiny framework.

Question 194: Under FRCP Rule 56, summary judgment is appropriate when:

The nonmoving party fails to appear at the hearing
The moving party presents stronger evidence than the nonmoving party
The court determines trial would be too expensive
There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law (Correct answer)

Correct answer: There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law

Rule 56 grants summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Question 195: Which of the following is NOT a ground for reversing an agency order on judicial review under the Oklahoma APA?

The order exceeds the agency's statutory authority
The reviewing judge would have weighed the evidence differently (Correct answer)
The order violates constitutional provisions
The order is arbitrary or capricious

Correct answer: The reviewing judge would have weighed the evidence differently

A court may not substitute its own judgment on the weight of the evidence; it reverses only for legal errors, constitutional violations, lack of substantial evidence, or arbitrary action.

Question 196: A traffic stop passenger is ordered out of the car. He argues only the driver was suspected of wrongdoing. Under Maryland v. Wilson, the order was:

Unlawful, because passengers are not seized during a traffic stop
Unlawful without reasonable suspicion as to the passenger
Lawful, because officers may order passengers out of a lawfully stopped vehicle without individualized suspicion (Correct answer)
Lawful only if the stop occurred at night

Correct answer: Lawful, because officers may order passengers out of a lawfully stopped vehicle without individualized suspicion

Wilson extends Pennsylvania v. Mimms to passengers, permitting officers to order them out of a stopped car for officer safety.

Question 197: Under Oklahoma's pleading standards, when a defendant fails to raise a compulsory counterclaim in their answer, what is the consequence?

The defendant may raise it in a separate action within the statute of limitations
The court may grant leave to amend the answer at any time
The claim is waived and barred in future litigation (Correct answer)
The defendant must file a separate permissive counterclaim within 30 days

Correct answer: The claim is waived and barred in future litigation

Oklahoma follows the federal rule that a compulsory counterclaim—one arising from the same transaction or occurrence—is waived if not pleaded in the answer.

Question 198: A paternity action is filed in Oklahoma. Genetic testing shows a 99.5% probability that the respondent is the father. What is the legal effect?

A rebuttable presumption of paternity arises (Correct answer)
Paternity is conclusively established with no rebuttal allowed
The respondent must still formally acknowledge paternity for it to count
The test is inadmissible without corroborating testimony

Correct answer: A rebuttable presumption of paternity arises

Under Oklahoma's Uniform Parentage Act, genetic test results showing at least a 99% probability create a rebuttable presumption of paternity that can be overcome only by specified contrary evidence.

Question 199: Under Oklahoma law, which of the following corporate actions typically requires a supermajority vote of shareholders rather than a simple majority?

Approving the appointment of the corporation's independent auditor
Electing new members to the board of directors at the annual meeting
Amending the corporation's articles of incorporation (Correct answer)
Declaring a routine cash dividend to common shareholders

Correct answer: Amending the corporation's articles of incorporation

Amendments to the articles of incorporation are fundamental corporate changes that under Oklahoma law require approval by a supermajority of shareholders, not merely a simple majority.

Question 200: Which element must be proven to establish a common law marriage in Oklahoma?

Joint ownership of real property
Cohabitation for at least seven continuous years
An actual and mutual agreement between the parties to be husband and wife (Correct answer)
A ceremony performed by any adult witness

Correct answer: An actual and mutual agreement between the parties to be husband and wife

The core element of an Oklahoma common law marriage is a present mutual agreement to be married, along with permanence, exclusivity, cohabitation, and holding out; no fixed time period is required.

Question 201: Which of the following best describes the mens rea element of 'recklessness' under the Model Penal Code?

The actor is unaware of a substantial and unjustifiable risk, but a reasonable person would have been aware
The actor acts with the conscious purpose of causing a particular result
The actor consciously disregards a substantial and unjustifiable risk of which he is aware (Correct answer)
The actor is aware that a result is practically certain to follow from his conduct

Correct answer: The actor consciously disregards a substantial and unjustifiable risk of which he is aware

Under MPC § 2.02(2)(c), a person acts recklessly when he consciously disregards a substantial and unjustifiable risk. The subjective awareness of the risk distinguishes recklessness from negligence (where the actor is unaware but should have been). Purpose requires a conscious goal; knowledge requires awareness of practical certainty.

Oklahoma Bar Examination (OK Bar / UBE)

The Oklahoma Bar Exam is a Uniform Bar Examination (UBE) testing candidates across multiple areas of law including the Multistate Bar Examination (MBE) component of 200 multiple-choice questions covering civil procedure, contracts, criminal law, evidence, and other core legal subjects. A scaled score of 266 out of 400 is required to pass.

200

Questions

360 min

Time Limit

66%

To Pass

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