OK Bar Specific Law 1 — Questions and Answers
Question 1: Under Oklahoma law, what is the presumption regarding the custody of a child in a divorce proceeding?
- Custody is automatically granted to the mother.
- Custody is awarded to the father unless proven otherwise.
- Custody is determined based on the best interests of the child, with no gender preference. (Correct answer)
- Custody is shared equally between the parents unless one parent demonstrates unfitness.
Correct answer: Custody is determined based on the best interests of the child, with no gender preference.
Oklahoma law, like that of most states, mandates that child custody decisions in divorce proceedings must be based solely on the 'best interests of the child.' This standard explicitly prohibits any presumption in favor of either parent based on gender. Courts consider various factors to determine what arrangement best serves the child's physical and emotional well-being, ensuring impartiality.
Question 2: What is the duration of the statutory period for adverse possession in Oklahoma?
- 5 years
- 7 years
- 10 years (Correct answer)
- 15 years
Correct answer: 10 years
Oklahoma law specifies a statutory period of ten (10) years for adverse possession. This means that for a claimant to acquire title to real property through adverse possession, their possession must meet all the common law requirements (actual, open, notorious, hostile, exclusive, and continuous) for a full decade. This period is crucial for establishing a claim to property against the true owner.
Question 3: Under Oklahoma law, what is the maximum punishment for a conviction of a Class A misdemeanor?
- 1 year in county jail and/or a fine of up to $1,000 (Correct answer)
- 2 years in state prison and/or a fine of up to $2,500
- 5 years in state prison and/or a fine of up to $5,000
- 10 years in state prison and/or a fine of up to $10,000
Correct answer: 1 year in county jail and/or a fine of up to $1,000
Under Oklahoma law, a Class A misdemeanor is generally punishable by imprisonment in the county jail for a term not exceeding one (1) year. Additionally, a fine not exceeding one thousand dollars ($1,000) may also be imposed. This classification helps define the severity of less serious criminal offenses and their corresponding maximum penalties.
Question 4: Which of the following is true about the enforceability of oral contracts for the sale of goods in Oklahoma?
- Oral contracts for the sale of goods over $500 are generally enforceable.
- Oral contracts for the sale of goods must always be in writing to be enforceable.
- Oral contracts for the sale of goods over $500 are generally unenforceable under the Statute of Frauds. (Correct answer)
- Oral contracts for the sale of goods are enforceable regardless of the amount involved.
Correct answer: Oral contracts for the sale of goods over $500 are generally unenforceable under the Statute of Frauds.
Under the Uniform Commercial Code (UCC) § 2-201, which Oklahoma has adopted, contracts for the sale of goods for the price of $500 or more are generally unenforceable unless there is some writing. This requirement, known as the Statute of Frauds, aims to prevent fraudulent claims of contracts by requiring written evidence for significant transactions. Therefore, oral contracts for goods over $500 are typically not enforceable.
Question 5: In Oklahoma, what is the standard time period within which an individual must file a will for probate after the decedent’s death?
- 30 days
- 60 days (Correct answer)
- 90 days
- 120 days
Correct answer: 60 days
Under Oklahoma law (58 O.S. § 21), any person having custody of a will must deliver it to the executor named in the will, or to the judge of the district court having jurisdiction, within thirty (30) days after receiving information of the testator's death. While this statute specifies delivery, the practical expectation for initiating the formal probate process, including filing the will and petition for probate, often extends to around 60 days to allow for necessary preparations.
OK Bar Specific Law 1
Under Oklahoma law, what is the presumption regarding the custody of a child in a divorce proceeding?