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

Question 1: In Oklahoma, until what point does a parent's child support obligation ordinarily continue for a child who is still in high school?

Until college graduation
Until age 21 regardless of enrollment
Until age 18 in all cases
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 2: 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:

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

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 3: 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 4: Before seeking judicial review of an agency order, a party generally must first do what?

Post a supersedeas bond with the agency
File a tort claim against the agency
Exhaust available administrative remedies (Correct answer)
Obtain permission from the Attorney General

Correct answer: Exhaust available administrative remedies

The exhaustion doctrine requires parties to complete all available administrative remedies before courts will hear the dispute.

Question 5: Officers rely in good faith on a search warrant later found to lack probable cause. Under United States v. Leon, the evidence seized is:

Inadmissible, because the warrant was invalid
Admissible only if the magistrate testifies at a suppression hearing
Inadmissible unless the officers re-apply for a valid warrant
Admissible, unless the affidavit was so lacking in indicia of probable cause that reliance was unreasonable (Correct answer)

Correct answer: Admissible, unless the affidavit was so lacking in indicia of probable cause that reliance was unreasonable

Leon's good-faith exception allows evidence obtained under an objectively reasonable reliance on a facially valid warrant.

Question 6: For 20 years, A openly drives across B's Oklahoma land on a visible dirt road without permission. B sues to stop the crossings. A's best claim is:

Easement by necessity
Irrevocable license
Prescriptive easement (Correct answer)
Easement by implication

Correct answer: Prescriptive easement

Open, notorious, hostile, and continuous use of another's land for the 15-year prescriptive period in Oklahoma creates a prescriptive easement.

Question 7: 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 defendant has purposefully availed itself of the forum state's privileges so that being haled into court there is foreseeable (Correct answer)
The plaintiff resides in the forum state

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 8: 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?

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

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 9: A rescuer is injured while pulling a driver from a burning car that the defendant negligently crashed. The defendant's liability to the rescuer rests on the principle that:

The rescuer must have a contract with the victim
Danger invites rescue, making the rescuer a foreseeable plaintiff (Correct answer)
Rescuers always assume all risks
Rescue is a superseding cause

Correct answer: Danger invites rescue, making the rescuer a foreseeable plaintiff

Under the rescue doctrine, one who negligently creates peril is liable to foreseeable rescuers injured in the attempt.

Question 10: In Oklahoma, which standard governs a motion for judgment as a matter of law (directed verdict) at the close of all evidence?

Whether the trial court finds the evidence credible
Whether reasonable persons could differ on the outcome (Correct answer)
Whether the moving party has a preponderance of evidence
Whether the non-moving party has produced any 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 11: In Oklahoma, after a final judgment is entered, within what time must a motion to alter or amend the judgment typically be filed?

20 days after service of the judgment
30 days after judgment is entered
10 days after judgment is filed (Correct answer)
15 days after notice 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 12: 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
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
Unlawful without reasonable suspicion as to the passenger

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 13: 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
Win, because a thief has void title and can pass none, even to a good-faith purchaser (Correct answer)
Lose, because good-faith purchasers always take good title
Win only if the purchaser knew the watch was stolen

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 14: A holds an easement across B's land to reach A's parcel. A later buys B's parcel. What happens to the easement?

It continues and passes with the land
It is extinguished by merger (Correct answer)
It converts to a license
It is suspended until the parcels are separated

Correct answer: It is extinguished by merger

When the dominant and servient estates come into common ownership, the easement is extinguished by merger and does not automatically revive.

Question 15: 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
Oral land contracts are always enforceable if consideration is paid
The Statute of Frauds does not apply to farms
The part performance doctrine takes the contract out of the Statute of Frauds (Correct answer)

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 16: In Oklahoma, what vote is required for a jury to impose a criminal conviction in a felony trial?

Ten of twelve jurors
A simple majority of the jury
A unanimous verdict of all jurors (Correct answer)
A three-fourths majority of the jury

Correct answer: A unanimous verdict of all jurors

Criminal verdicts in Oklahoma felony trials must be unanimous, unlike civil verdicts which allow a three-fourths majority.

Question 17: Under FRCP Rule 11, an attorney signing a pleading certifies that:

No conflicts of interest exist
The client has authorized the lawsuit
The claims are warranted by existing law or a nonfrivolous argument for its extension, and allegations have evidentiary support (Correct answer)
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 18: 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 state where the divorce petition was filed first
The state with the most convenient courthouse
The child's home state, where the child lived with a parent for six consecutive months before the proceeding (Correct answer)
The state where either parent currently works

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 19: 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 only if the car entered private property
Not a search, because the tracker collected only location data
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

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 20: A contract requires a homeowner to pay a painter 'upon completion of the job to the homeowner's satisfaction.' The painter finishes competently, but the homeowner honestly dislikes the color choice the homeowner approved earlier. For aesthetic satisfaction clauses, courts generally apply which standard?

A reasonable-person objective standard only
Strict liability for the payor
No enforcement, since such clauses are illusory
A good-faith subjective standard of honest dissatisfaction (Correct answer)

Correct answer: A good-faith subjective standard of honest dissatisfaction

For contracts involving personal taste or aesthetics, satisfaction clauses are judged by a subjective good-faith standard, so honest dissatisfaction excuses payment.

Question 21: Which of the following best describes the 'business judgment rule' as applied in Oklahoma?

The rule only applies to decisions unanimously approved by the board
Courts will defer to directors' decisions made in good faith, on an informed basis, and in the honest belief the action was in the corporation's best interest (Correct answer)
Directors are strictly liable for any business decision that results in a loss
Directors must prove their decisions were profitable to avoid liability

Correct answer: Courts will defer to directors' decisions made in good faith, on an informed basis, and in the honest belief the action was in the corporation's best interest

Oklahoma courts apply the business judgment rule to protect directors from liability when they act in good faith, on an informed basis, and with a rational belief the action serves the corporation's interests.

Question 22: An Oklahoma court is dividing marital property in a divorce. What standard governs the division?

Division according to whose name is on the title
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)

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

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 24: 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?

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

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 25: 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:

Liquidated and therefore capped
Punitive in nature
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 26: The work-product doctrine protects from discovery:

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

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 27: What is the right to a speedy trial?

The right to complete trial within 24 hours of arrest
The Sixth Amendment right to be tried without unnecessary delay after being charged (Correct answer)
The right to delay trial indefinitely
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 28: 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?

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

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 29: What is negligence per se?

A higher standard applied only to professionals
Negligence established by the violation of a statute designed to protect the class of persons including the plaintiff (Correct answer)
Negligence that cannot be defended against
Negligence that is automatically proven in every case

Correct answer: Negligence established by the violation of a statute designed to protect the class of persons including the plaintiff

Negligence per se occurs when a defendant violates a safety statute and the plaintiff is within the class of persons the statute was meant to protect from the type of harm suffered.

Question 30: 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 can compel the company to pay again
The bank automatically becomes a party to the original contract
The assignment is void because payment rights cannot be assigned
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 31: During settlement negotiations over a contract dispute, the defendant said, "I know I owe you something, but I'll only pay half." At trial, the plaintiff offers this statement. Is it admissible?

Yes, because only the settlement offer itself is excluded, not surrounding statements
No, statements made during compromise negotiations of a disputed claim are inadmissible to prove liability (Correct answer)
No, unless the negotiations were conducted through attorneys
Yes, because it is an admission by a party-opponent

Correct answer: No, statements made during compromise negotiations of a disputed claim are inadmissible to prove liability

Both the offer to compromise and statements made during compromise negotiations are inadmissible to prove liability for or the amount of a disputed claim.

Question 32: 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:

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

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 33: What is assumption of risk as a defense to negligence?

The defendant assumed the risk of being sued
The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery (Correct answer)
The court assumes risk allocation between parties
Insurance companies assume all risk in negligence claims

Correct answer: The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery

Assumption of risk applies when the plaintiff was aware of a specific danger and voluntarily chose to encounter it, which may reduce or eliminate the defendant's liability.

Question 34: Congress passes a law requiring state legislatures to enact specific gun-registration statutes. A state challenges the law. What is the strongest constitutional objection?

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

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 35: 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
The grantor, because the first conveyance was void
Both parties as tenants in common

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 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?

Granted, because grandparents have an absolute statutory right to visitation
Denied, because courts cannot override fit parents' decisions in an intact nuclear family absent harm to the child (Correct answer)
Denied only if the child testifies against 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: One cotenant in sole possession of the property collects rent from a third-party tenant occupying part of the land. Must she share it with the other cotenant?

No, a cotenant in possession owes nothing
Only if the cotenants are joint tenants
Only if there is a written agreement
Yes, cotenants must account for rents received from third parties (Correct answer)

Correct answer: Yes, cotenants must account for rents received from third parties

A cotenant who collects rent from third parties must account to the other cotenants for their proportionate share.

Question 38: 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?

Yes, because modifications need no consideration
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 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 39: 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?

No, because the visitor assumed the risk by approaching the dog
Yes, because dog bites are abnormally dangerous activities
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 40: A contract says 'time is of the essence' and the seller closes one day late. The buyer refuses to perform. A court will most likely:

Hold the buyer's refusal proper because the express provision made timely performance a condition (Correct answer)
Award only nominal damages to the buyer
Reform the contract to extend the deadline
Excuse the delay as immaterial

Correct answer: Hold the buyer's refusal proper because the express provision made timely performance a condition

An express time-is-of-the-essence clause makes timely performance a condition, so even a short delay is a material breach excusing the other party.

Question 41: Does Oklahoma currently recognize the formation of new common law marriages?

No, common law marriage was abolished by statute in 1998
Yes, Oklahoma courts continue to recognize common law marriage when its elements are proven (Correct answer)
Only if the couple registered the relationship with the county clerk
Only for couples married before 1950

Correct answer: Yes, Oklahoma courts continue to recognize common law marriage when its elements are proven

Oklahoma remains one of the few states whose courts still recognize common law marriage upon clear and convincing proof of an actual mutual agreement to be married, cohabitation, and holding out as spouses.

Question 42: 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
There was no confinement because the office door was unlocked
The shopkeeper's privilege permits reasonable detention on reasonable suspicion of theft (Correct answer)
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 43: 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)
Rescission and restitution of ticket revenue
Reformation of the contract term
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 44: A testator writes an entire will in her own handwriting, dates it, and signs it, but no witnesses attest. Under Oklahoma law, the will is:

Valid as a holographic will (Correct answer)
Invalid for lack of witnesses
Valid only if notarized
Valid only for personal property

Correct answer: Valid as a holographic will

Oklahoma recognizes holographic wills that are entirely written, dated, and signed in the testator's handwriting, with no witnesses required.

Question 45: 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:

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

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 46: In Oklahoma, a holographic will is valid if it meets which requirement?

It is oral and later reduced to writing by an attorney
It is entirely written, dated, and signed by the hand of the testator (Correct answer)
It is typed but signed before one witness
It is written by any person at the testator's direction and notarized

Correct answer: It is entirely written, dated, and signed by the hand of the testator

Under 84 O.S. § 54, a holographic will must be entirely written, dated, and signed in the testator's own handwriting.

Question 47: 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:

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

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 48: 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?

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

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 49: An MEE trusts essay asks whether a settlor can revoke a trust when the instrument is silent on revocability. Under the Uniform Trust Code approach, the trust is:

Revocable unless the instrument expressly makes it irrevocable (Correct answer)
Automatically revoked upon the settlor's incapacity
Irrevocable unless the instrument expressly makes it revocable
Revocable only with beneficiary consent

Correct answer: Revocable unless the instrument expressly makes it irrevocable

The Uniform Trust Code presumes a trust is revocable unless the terms expressly provide otherwise.

Question 50: Police place an undercover informant in a defendant's jail cell after indictment, and the informant deliberately elicits statements about the charged crime. The statements are:

Inadmissible, because deliberate elicitation after formal charges violates the Sixth Amendment right to counsel (Correct answer)
Admissible, because Miranda warnings are not required for undercover agents
Admissible, because the defendant spoke voluntarily
Inadmissible only if the informant was paid

Correct answer: Inadmissible, because deliberate elicitation after formal charges violates the Sixth Amendment right to counsel

Under Massiah, the Sixth Amendment bars deliberate elicitation of statements about charged offenses from an indicted defendant absent counsel.

Question 51: 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:

Lawful if a subpoena was issued
Lawfully obtained under the third-party doctrine
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

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 52: What is a prenuptial agreement?

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

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

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

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

All parties from different states and no amount-in-controversy requirement
At least one party from each of two different states and any amount in controversy
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 55: A testator executes a valid will, then later marries. The will makes no provision for or mention of the new spouse. Under Oklahoma law, the spouse:

Can only claim homestead rights
Takes the entire estate automatically
Takes nothing because the will controls
Takes an intestate share as an omitted (pretermitted) spouse (Correct answer)

Correct answer: Takes an intestate share as an omitted (pretermitted) spouse

An Oklahoma spouse who married the testator after execution and is unprovided for and unmentioned generally receives an intestate share.

Question 56: 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 plaintiff resides
A district where any defendant resides, if all defendants reside in the same state (Correct answer)
Only the district where the contract was signed

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 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
Give advance written notice to the other parent, who may then object (Correct answer)
Nothing, because the custodial parent may relocate freely

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: What is the standard for probable cause?

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

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 59: 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)
Yes — the store owner's act of self-defense is foreseeable and therefore attributable to Carl under proximate cause
Yes — Carl is strictly liable for all deaths that occur during the commission of a felony, regardless of who caused them
No — felony murder never applies when the decedent is a co-felon

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 60: 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 61: Res judicata (claim preclusion) bars a second lawsuit when:

There is a final judgment on the merits between the same parties on the same claim (Correct answer)
The statute of limitations has expired on the original claim
The same parties litigate a different legal theory arising from the same transaction
Any related claim was raised in prior litigation

Correct answer: There is a final judgment on the merits between the same parties on the same claim

Claim preclusion requires a final judgment on the merits, the same parties, and the same claim or cause of action.

Question 62: 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 only if the defendant opens the door in opening statements
Not use the confession for any purpose
Use the confession to impeach the defendant's testimony, though not in its case-in-chief (Correct answer)
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 63: In Oklahoma, a felony defendant demands a jury trial. How many jurors sit on a felony jury, and what verdict is required for conviction?

Six jurors, and the verdict must be unanimous
Six jurors, and a 5-1 verdict suffices
Twelve jurors, and the verdict must be unanimous (Correct answer)
Twelve jurors, and a 10-2 verdict suffices

Correct answer: Twelve jurors, and the verdict must be unanimous

Oklahoma felony trials use twelve jurors, and Ramos v. Louisiana requires unanimity for criminal convictions.

Question 64: 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 determine the defendant's guilt beyond a reasonable doubt
To set the final sentence
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 65: Under Oklahoma law, what is the default marital property regime applied at divorce?

Community property with an equal 50/50 split
Equitable distribution of property acquired during marriage (Correct answer)
All property, including premarital assets, is divided equally
Title-based distribution, keeping property with the titled spouse

Correct answer: Equitable distribution of property acquired during marriage

Oklahoma is an equitable distribution state, dividing jointly acquired marital property fairly, not necessarily equally.

Question 66: 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:

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

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 67: 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
Nothing until the performance date passes
Treat it as an anticipatory repudiation and sue at once, or await performance (Correct answer)

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 68: 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)
Whether the federal judge personally agrees with the verdict
De novo review of all constitutional claims
Abuse of discretion review

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 69: An MEE essay tests a subject also covered on the MBE, such as evidence. What law should the examinee apply absent contrary instructions?

Whichever minority rule is easiest to argue
Generally applicable majority principles, such as the Federal Rules of Evidence (Correct answer)
The law of the examinee's home state
Oklahoma evidence statutes specifically

Correct answer: Generally applicable majority principles, such as the Federal Rules of Evidence

MEE answers should apply generally accepted fundamental legal principles, such as the Federal Rules for evidence, not state-specific law.

Question 70: 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 defendant may seek sanctions for the second dismissal
The plaintiff may refile within the savings statute period
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 71: 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 and recover payments, returning the car in its current condition (Correct answer)
Disaffirm only by paying the fair rental value of the car
Not disaffirm because cars are necessaries
Not disaffirm because performance is already complete

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

He is an adjudicated father automatically
He is a presumed father of the child (Correct answer)
He is merely an alleged father
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 73: A merchant emails a signed offer to sell 500 widgets at $10 each, stating the offer will remain open for 30 days. Ten days later, before the buyer accepts, the merchant revokes. Under the UCC, is the revocation effective?

No, but only if the buyer detrimentally relied on the offer
No, because a signed merchant firm offer is irrevocable for the stated period up to three months (Correct answer)
Yes, because firm offers are revocable at any time before acceptance
Yes, because no consideration was given to keep the offer open

Correct answer: No, because a signed merchant firm offer is irrevocable for the stated period up to three months

UCC 2-205 makes a signed written offer by a merchant giving assurance it will be held open irrevocable without consideration for the stated time, up to three months.

Question 74: 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?

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

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

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 76: What weight does the written portion (MEE plus MPT) carry in the overall UBE score used in Oklahoma?

50 percent (Correct answer)
25 percent
40 percent
75 percent

Correct answer: 50 percent

The MEE counts for 30% and the MPT for 20%, so the written portion totals 50% of the UBE score.

Question 77: Under Oklahoma discovery rules, a party who receives an interrogatory must respond within how many days absent a court order or stipulation?

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

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 78: An employee wrongfully fired under a one-year contract sits idle and rejects a comparable job offer in the same city. Her damages will be:

Reduced by what she could have earned from the comparable employment she declined (Correct answer)
Nothing, because rejecting work waives all claims
The full remaining salary, because the employer breached
Doubled as a penalty against the employer

Correct answer: Reduced by what she could have earned from the comparable employment she declined

The mitigation doctrine reduces damages by amounts the plaintiff could have earned through reasonably comparable substitute employment.

Question 79: What is specific performance as a contract remedy?

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

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 80: 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:

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

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

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

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 82: In an Oklahoma wrongful death action, the claim is generally brought by:

The decedent's employer
Any friend of the decedent
The county district attorney
The personal representative of the decedent's estate for the benefit of survivors (Correct answer)

Correct answer: The personal representative of the decedent's estate for the benefit of survivors

Oklahoma's wrongful death statute vests the cause of action in the personal representative on behalf of the surviving beneficiaries.

Question 83: What is the purpose of probate?

To automatically transfer property to the spouse
To validate the will, identify assets, pay debts, and distribute the estate under court supervision (Correct answer)
To create a will after death
Only to determine estate tax liability

Correct answer: To validate the will, identify assets, pay debts, and distribute the estate under court supervision

Probate is the court-supervised process of proving the will's validity, inventorying the estate, paying creditors and taxes, and distributing remaining assets to beneficiaries.

Question 84: 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 charity has enough members
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)

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 85: 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?

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

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 86: Defendant's first trial ends when the judge declares a mistrial over defense objection because a key prosecution witness is ill. Retrial is:

Permitted, because a mistrial based on manifest necessity does not bar retrial under double jeopardy (Correct answer)
Barred, because jeopardy attached when the jury was sworn
Barred, because the defense objected to the mistrial
Permitted only if the defendant consents in writing

Correct answer: Permitted, because a mistrial based on manifest necessity does not bar retrial under double jeopardy

When a mistrial is declared out of manifest necessity, double jeopardy does not bar reprosecution even over defense objection.

Question 87: 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?

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

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 88: During an individual proceeding, an agency board member privately discusses the merits with the agency's prosecuting attorney. This is best characterized as:

A prohibited ex parte communication (Correct answer)
Harmless error in all cases
A permissible intra-agency consultation
A required settlement conference

Correct answer: A prohibited ex parte communication

Off-the-record communications about contested merits between the decision-maker and an advocate in the case are prohibited ex parte contacts.

Question 89: 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?

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
Yes, because moral obligation always supports a promise

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

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

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 91: 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
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)
Petition the Oklahoma Supreme Court directly
Move for a new trial in district court within one year

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 92: In Oklahoma, when may a court grant a new trial on the ground of newly discovered evidence?

Whenever the losing party presents evidence that was unavailable at trial regardless of diligence
When the evidence could not have been discovered with reasonable diligence before trial and is material, not merely cumulative (Correct answer)
Only if the newly discovered evidence would definitely change the verdict
When the evidence was known but intentionally withheld by the opposing party

Correct answer: When the evidence could not have been discovered with reasonable diligence before trial and is material, not merely cumulative

A new trial based on newly discovered evidence requires both due diligence and materiality—the evidence must not be merely cumulative or impeaching.

Question 93: 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:

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
Full contract price with no offset, because the deviation was trivial
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 94: 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
No, because the gun was unloaded and could not cause harm
Yes, because he intentionally placed the victim in reasonable apprehension of imminent harm (Correct answer)
No, because assault requires physical contact

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 95: 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?

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

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

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

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 97: In Oklahoma, a plaintiff suing for negligent infliction of emotional distress as a direct victim generally must show:

A written psychiatric diagnosis within 30 days
That the defendant intended to cause distress
Physical injury or that emotional harm produced physical consequences (Correct answer)
Only that the defendant acted carelessly

Correct answer: Physical injury or that emotional harm produced physical consequences

Oklahoma generally requires that negligently inflicted emotional distress be connected to physical injury or manifestation.

Question 98: 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 is aware that a result is practically certain to follow from his conduct
The actor consciously disregards a substantial and unjustifiable risk of which he is aware (Correct answer)

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.

Question 99: A suspect in custody says, 'Maybe I should talk to a lawyer.' Police continue questioning and obtain a confession. Under Davis v. United States, the confession is:

Admissible only if the suspect later signed a written waiver
Inadmissible, because police must clarify ambiguous requests
Inadmissible, because any mention of a lawyer ends interrogation
Admissible, because the suspect's reference to counsel was ambiguous and did not require police to stop questioning (Correct answer)

Correct answer: Admissible, because the suspect's reference to counsel was ambiguous and did not require police to stop questioning

Davis requires an unambiguous invocation of the right to counsel before police must cease interrogation.

Question 100: A default judgment may be entered against a defendant who:

Fails to appear at the first hearing
Fails to plead or otherwise defend within the time required after being served (Correct answer)
Disagrees with the amount of damages claimed
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 101: Under FRCP Rule 56, summary judgment is appropriate when:

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

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 102: 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:

May only claim prosecutorial misconduct
Has no claim because there is no right to a plea bargain
Has no claim because he received a fair trial
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 103: 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:

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

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 104: A victim of domestic abuse in Oklahoma seeks a protective order against a former dating partner. Is the former dating relationship a sufficient basis under the Protection from Domestic Abuse Act?

No, the Act applies only to persons who share a child
Yes, the Act covers persons in a current or former dating relationship (Correct answer)
Yes, but only if they previously lived together for a year
No, the Act applies only to current spouses

Correct answer: Yes, the Act covers persons in a current or former dating relationship

Oklahoma's Protection from Domestic Abuse Act extends to family or household members and to persons in current or former dating relationships.

Question 105: An agency suspends a license summarily before any hearing, citing an immediate danger to public health. This is:

Valid only in federal agencies
Always unconstitutional
Permissible if the emergency justifies prompt action and a prompt post-suspension hearing follows (Correct answer)
Permissible with no hearing ever required

Correct answer: Permissible if the emergency justifies prompt action and a prompt post-suspension hearing follows

Emergency summary suspension is allowed when public health, safety, or welfare requires it, provided a prompt hearing follows the suspension.

Question 106: What is the double jeopardy clause?

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

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 107: Which act by an Oklahoma testator effectively revokes a prior will?

Losing the will accidentally
Orally telling family members the will is revoked
Writing 'void' on an unsigned photocopy
Burning, tearing, canceling, or obliterating the will with intent to revoke (Correct answer)

Correct answer: Burning, tearing, canceling, or obliterating the will with intent to revoke

Revocation by physical act requires destruction or cancellation of the will itself accompanied by intent to revoke.

Question 108: 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?

The law is per se unconstitutional as a prior restraint
Intermediate scrutiny under the Central Hudson test (Correct answer)
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 109: A defendant is arrested without a warrant. Under County of Riverside v. McLaughlin, a judicial probable cause determination is presumptively prompt if held within:

24 hours of arrest
One week of arrest
72 hours 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 110: 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 any compelled evidence violates the Fifth Amendment
No, because grand juries cannot compel evidence from suspects
Yes, but only if granted immunity first

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 111: Under common law, which of the following is required for a valid conveyance of real property?

The property must be registered with the local government office to complete the conveyance.
A written contract signed by both parties is necessary.
The grantee must sign the deed for it to be valid.
Delivery of the deed to the grantee is required for the conveyance to be effective. (Correct answer)

Correct answer: Delivery of the deed to the grantee is required for the conveyance to be effective.

Under common law, for a valid conveyance of real property, a deed must be properly executed by the grantor and then delivered to the grantee. Delivery signifies the grantor's intent to transfer ownership and the grantee's acceptance of the property. Without this act of delivery, even a signed deed does not effectively transfer legal title and the conveyance is not complete.

Question 112: In an Oklahoma civil action, which party bears the burden of proving a statute of limitations defense?

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

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

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

Correct answer: 5 years

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

Question 114: A seller of goods learns the buyer is insolvent while the goods are in transit. Under the UCC, the seller may:

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

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

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

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 116: What are the grounds for contesting a will?

Filing after the probate deadline has passed
Lack of testamentary capacity, undue influence, fraud, or improper execution (Correct answer)
Disagreement with the distribution amounts
The beneficiary's belief they deserve more

Correct answer: Lack of testamentary capacity, undue influence, fraud, or improper execution

Wills can be contested on grounds including the testator's mental incapacity, undue influence by a beneficiary, fraud or forgery, or failure to meet formal execution requirements.

Question 117: When are Miranda warnings required?

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

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

Applies new tax rates to prior-year income
Imposes new civil liability retroactively
Changes procedural rules for pending cases
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 119: Under the Establishment Clause, the Lemon test requires that a government action:

Be religiously neutral and have a compelling secular justification
Survive strict scrutiny as applied to religious minorities
Treat all religions equally without preference for any denomination
Have a secular legislative purpose, neither advance nor inhibit religion, and avoid excessive entanglement (Correct answer)

Correct answer: Have a secular legislative purpose, neither advance nor inhibit religion, and avoid excessive entanglement

Lemon v. Kurtzman (1971) established the three-pronged Lemon test: secular purpose, primary effect that neither advances nor inhibits religion, and no excessive government entanglement with religion.

Question 120: A husband and wife in Oklahoma divorce after 12 years of marriage. The wife inherited a ranch from her father during the marriage and kept it titled solely in her name. How will the court most likely treat the ranch?

As marital property because the marriage lasted over ten years
As jointly owned property split equally between the spouses
As marital property because it was acquired during the marriage
As her separate property not subject to equitable division (Correct answer)

Correct answer: As her separate property not subject to equitable division

Property acquired by gift or inheritance during marriage remains separate property in Oklahoma unless it has been commingled or transmuted into marital property.

Question 121: 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)
Yes, but only if the paramedic recorded the statement in writing
No, because dying declarations apply only in civil cases
No, because the victim actually died, making cross-examination impossible

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 122: A typed document is found in the testator's desk stating how she wants specific jewelry distributed; it is referenced in her valid will as existing at execution. It may be given effect under:

Incorporation by reference (Correct answer)
The doctrine of dependent relative revocation
Ademption by satisfaction
The slayer rule

Correct answer: Incorporation by reference

A writing in existence when the will was executed may be incorporated by reference if the will identifies it and shows intent to incorporate.

Question 123: Which standard applies when a state law regulates commercial speech?

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

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 124: A seller delivers goods 'F.O.B. seller's warehouse.' The goods are destroyed in transit by the carrier. Who bears the risk of loss?

The buyer, because risk passed when the goods were delivered to the carrier (Correct answer)
The seller, because the goods never arrived
The carrier alone, with neither party bearing risk
The seller, unless the buyer purchased insurance

Correct answer: The buyer, because risk passed when the goods were delivered to the carrier

In a shipment contract designated F.O.B. seller's location, risk of loss passes to the buyer when the seller duly delivers the goods to the carrier.

Question 125: Police stop a driver for a broken taillight and, during the stop, a drug dog alerts on the trunk after officers extended the stop 20 minutes waiting for the K-9 unit with no reasonable suspicion of drug activity. Under Rodriguez v. United States, the evidence found in the trunk is:

Inadmissible, because prolonging a traffic stop beyond its mission without reasonable suspicion violates the Fourth Amendment (Correct answer)
Admissible, because a dog sniff is not a search
Inadmissible, because dog sniffs always require a warrant
Admissible, because the initial stop was lawful

Correct answer: Inadmissible, because prolonging a traffic stop beyond its mission without reasonable suspicion violates the Fourth Amendment

Rodriguez holds that extending a traffic stop beyond the time needed to complete its mission requires independent reasonable suspicion.

Question 126: A motion to dismiss under FRCP Rule 12(b)(6) tests whether:

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

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 127: Under the Fourth Amendment, a search requires a warrant EXCEPT when:

The crime involved is a felony
Police believe evidence may exist
A recognized exception such as consent, exigent circumstances, or search incident to arrest applies (Correct answer)
The suspect is on probation

Correct answer: A recognized exception such as consent, exigent circumstances, or search incident to arrest applies

Warrantless searches are presumptively unreasonable but are constitutional when a recognized exception to the warrant requirement applies.

Question 128: Debtor grants Bank a security interest in a specific piece of equipment and Bank perfects by filing. Debtor later sells the equipment to a Buyer who gives value and takes delivery without knowledge of Bank's security interest. Under UCC Article 9, does Bank's security interest survive the sale?

Yes — but only if Bank re-files a new financing statement within 30 days of learning of the sale
Yes — a perfected security interest generally continues in collateral even after an authorized or unauthorized sale, unless an exception applies (Correct answer)
No — a bona-fide purchaser for value always takes free of a prior security interest
No — once the collateral leaves the debtor's possession the security interest automatically lapses

Correct answer: Yes — a perfected security interest generally continues in collateral even after an authorized or unauthorized sale, unless an exception applies

Under UCC § 9-315(a)(1), a security interest continues in collateral notwithstanding a sale or other disposition unless the secured party authorized the disposition free of the security interest. Buyer's good faith and lack of knowledge are irrelevant when the interest is perfected and the sale was not authorized by Bank. Bank may also have a security interest in proceeds under § 9-315(a)(2).

Question 129: 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 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
The motion is denied because the defense was waived by omission from the answer or a pre-answer motion (Correct answer)

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 130: 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?

Yes, but only if the driver consented
No, because a warrant is always required to search a trunk
No, because the smell of marijuana only justifies searching the passenger compartment
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 131: Under FRCP Rule 26, the scope of discovery covers:

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

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

Adequacy of representation (Correct answer)
Ascertainability
Predominance
Superiority

Correct answer: Adequacy of representation

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

Question 133: A shareholder derivative suit allows a shareholder to:

Sue the corporation directly for personal damages suffered
Sue the board for wrongful termination of corporate officers
Sue another shareholder for breach of fiduciary duty
Sue on behalf of the corporation for wrongs done to the corporation (Correct answer)

Correct answer: Sue on behalf of the corporation for wrongs done to the corporation

In a derivative suit, the shareholder is the nominal plaintiff but sues on behalf of the corporation to redress wrongs done to the corporation itself.

Question 134: Dan intends to kill Victor. Dan fires a gun at Victor but misses and instead kills Wendy, a bystander. Under the doctrine of transferred intent, Dan is most likely guilty of:

Attempted murder of Victor only, because he never intended to harm Wendy
Involuntary manslaughter of Wendy, because her death was accidental
No crime, because the actual result differed from the intended result
Murder of Wendy, because his intent to kill Victor transfers to Wendy (Correct answer)

Correct answer: Murder of Wendy, because his intent to kill Victor transfers to Wendy

Under the doctrine of transferred intent, when a defendant intends to commit a crime against one person but accidentally harms another, the intent transfers to the actual victim. Dan's intent to kill Victor transfers to Wendy, making him guilty of her murder. He may also be liable for attempted murder of Victor.

Question 135: 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 claim is waived and barred in future litigation (Correct answer)
The defendant must file a separate permissive counterclaim within 30 days
The court may grant leave to amend the answer at any time

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

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

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

The recipient obtaining any employment
The payor's retirement at any age
The recipient moving out of Oklahoma
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 138: What is the exclusionary rule?

Evidence rules that apply only in federal courts
Only confessions can be excluded from evidence
Evidence obtained in violation of constitutional rights is inadmissible at trial (Correct answer)
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 139: What factors determine spousal support (alimony)?

Alimony is always awarded automatically in divorce
A fixed percentage of the higher-earning spouse's income
Only the income difference between spouses
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 140: 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 141: Executive privilege protects presidential communications from disclosure but is:

Subject to override when there is a demonstrated specific need for evidence (Correct answer)
Waived whenever Congress requests information
Only available in civil cases
Absolute and can never be overridden

Correct answer: Subject to override when there is a demonstrated specific need for evidence

Executive privilege is a qualified privilege that may be overcome by a demonstrated, specific evidentiary need as established in United States v. Nixon.

Question 142: 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?

Yes, but only if the father is also incarcerated
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
No, unless the father consents in open court

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

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

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

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 145: 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 146: 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:

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

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 147: 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)
Voided the entire contract
Revoked acceptance automatically

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 148: Under UCC Article 2, a buyer receives a delivery of goods that fails to conform to the contract in any respect. What may the buyer generally do?

Only accept with a price reduction
Reject the whole, accept the whole, or accept any commercial unit and reject the rest (Correct answer)
Nothing until giving the seller 30 days to cure
Only reject the entire shipment

Correct answer: Reject the whole, accept the whole, or accept any commercial unit and reject the rest

The UCC perfect tender rule lets a buyer reject the whole, accept the whole, or accept any commercial unit or units and reject the rest when goods fail to conform in any respect.

Question 149: Under Oklahoma law, what is the maximum number of years of imprisonment for a conviction of first-degree burglary?

Life imprisonment (Correct answer)
15 years
20 years
10 years

Correct answer: Life imprisonment

Under Oklahoma law (21 O.S. § 1436), first-degree burglary is a serious felony offense. The punishment for a conviction of first-degree burglary can range from not less than seven years to a maximum of twenty years, or even life imprisonment in the State Penitentiary. This severe penalty reflects the gravity of unlawfully entering a dwelling with the intent to commit a crime.

Question 150: 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:

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

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 151: 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?

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

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 152: Which doctrine allows a court to decline review because the administrative dispute is not yet concrete enough for judicial resolution?

Laches
Ripeness (Correct answer)
Res judicata
Collateral estoppel

Correct answer: Ripeness

Ripeness bars judicial review of administrative action that has not yet crystallized into a concrete dispute causing present hardship.

Question 153: Collateral estoppel (issue preclusion) prevents relitigation of an issue when the issue was:

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

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 154: 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)
Yes, because it shows the hospital knew its procedures were deficient
No, because it is hearsay without an exception
Yes, because hospital records are business records

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 155: 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:

Permissible only with the prosecutor's consent
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)

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 156: A spendthrift clause in an Oklahoma trust generally prevents:

The trust from earning income
Beneficiaries from voluntarily or involuntarily transferring their interests before distribution (Correct answer)
The trustee from making any distributions
The settlor from revoking the trust

Correct answer: Beneficiaries from voluntarily or involuntarily transferring their interests before distribution

A spendthrift provision bars a beneficiary's creditors and assignees from reaching the interest before it is distributed.

Question 157: 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:

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
Error only if standby counsel was unavailable
Proper, because self-representation is a privilege, not a right

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 158: What is the mailbox rule in contract law?

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

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 159: An MEE contracts essay describes a merchant emailing a signed offer promising to keep it open for two weeks. The examinee should analyze this under which doctrine?

The mailbox rule
The parol evidence rule
The statute of frauds part-performance exception
The UCC firm offer rule (Correct answer)

Correct answer: The UCC firm offer rule

A signed written assurance by a merchant to hold an offer open is irrevocable under UCC 2-205's firm offer rule.

Question 160: Which statement accurately describes Oklahoma's treatment of marital fault in awarding support alimony?

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

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

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

Correct answer: Habitual drunkenness

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

Question 162: 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 deceased child's estate creditors
The surviving children split it, because the gift lapsed
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 163: 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?

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

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 164: To contest a will for undue influence in Oklahoma, the contestant must generally show:

Any persuasion by a family member
Influence that overcame the testator's free will so the will reflects the influencer's wishes (Correct answer)
That the influencer received any gift at all
That the testator was over age 80

Correct answer: Influence that overcame the testator's free will so the will reflects the influencer's wishes

Undue influence requires coercion that destroys the testator's free agency, substituting another's intent for the testator's own.

Question 165: A contract requires delivery in three monthly installments, each separately priced and accepted. One installment is slightly nonconforming but curable. 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 refuses a 5% discount
The buyer gives 24 hours' notice
Any defect exists, under the perfect tender rule

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

Installment contracts are an exception to perfect tender: rejection of an installment requires substantial impairment of that installment's value that cannot be cured.

Question 166: A tenant installs restaurant booths bolted to the floor of leased premises. At lease end, the tenant may remove them if:

They were listed in the tenant's tax filings
Never, because attached items become the landlord's
The landlord consents in writing
They are trade fixtures removed before or at lease end without substantial damage (Correct answer)

Correct answer: They are trade fixtures removed before or at lease end without substantial damage

Trade fixtures installed for a tenant's business are removable before the lease ends if removal does not substantially damage the premises.

Question 167: Compulsory counterclaims under FRCP Rule 13(a) are claims that:

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

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

Transfer the case to federal court
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

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

In proportion to each member's percentage ownership interest as set by statute
By decision of the manager
Equally among all members regardless of contribution (Correct answer)
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 170: 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 is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible. (Correct answer)
Hearsay can be used to challenge the credibility of a witness.
Hearsay is always inadmissible in court, regardless of its relevance.

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 171: 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
Yes, but only with prior court approval
No, because a party vouches for its own witnesses
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 172: Which of the following statements is true regarding the Fourth Amendment's protection against unreasonable searches and seizures?

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

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 173: What is the best interest of the child standard?

A standard based primarily on the parents' financial resources
A legal standard that prioritizes the child's welfare in custody, visitation, and support decisions (Correct answer)
A standard that requires equal custody time
A standard that always favors the mother's custody

Correct answer: A legal standard that prioritizes the child's welfare in custody, visitation, and support decisions

The best interest standard requires courts to consider multiple factors focused on the child's physical, emotional, and developmental needs, rather than the parents' preferences or convenience.

Question 174: In Oklahoma guardianship and child custody matters, courts resolve disputes primarily using which standard?

The best interests of the child standard (Correct answer)
The financial superiority of the wealthier parent
A strict maternal preference for children under seven
Automatic joint custody in all cases

Correct answer: The best interests of the child standard

Oklahoma courts apply the best interests of the child standard, having abolished gender-based custody preferences.

Question 175: 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:

Unenforceable as a penalty if it is not a reasonable forecast of harm that was difficult to estimate (Correct answer)
Enforceable only if actual damages exceed $100,000
Automatically converted into nominal damages
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 176: 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:

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

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 177: A trustee of an Oklahoma trust invests all trust assets in a single speculative stock, which loses value. The trustee most likely breached:

The duty of loyalty
No duty, because losses alone are not a breach
The duty to inform beneficiaries
The duty of prudent investment, including the duty to diversify (Correct answer)

Correct answer: The duty of prudent investment, including the duty to diversify

Under prudent investor principles, a trustee must diversify investments and manage the portfolio with reasonable care and caution.

Question 178: What is consideration in contract formation?

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

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

Federal jurisdiction is lacking
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
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 180: A general warranty deed's covenant of quiet enjoyment is breached when:

The grantor lacked title at delivery
The deed is delivered with an undisclosed encumbrance
A neighbor makes excessive noise
The grantee is actually or constructively evicted by a superior title after taking possession (Correct answer)

Correct answer: The grantee is actually or constructively evicted by a superior title after taking possession

Quiet enjoyment is a future covenant breached only when the grantee is disturbed in possession by someone holding paramount title.

Question 181: In Oklahoma, when a divorce is granted and minor children are involved, when does the decree ordinarily become final for purposes of remarriage?

Immediately upon entry of the decree
Thirty days after the decree is entered
Six months after the decree is entered (Correct answer)
One year after the decree is entered

Correct answer: Six months after the decree is entered

Oklahoma law prohibits either party from marrying a third person within six months of the divorce decree, effectively delaying finality for remarriage purposes.

Question 182: 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
30 days
21 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 183: Under Oklahoma's class action rules, which of the following is NOT one of the four prerequisites for class certification?

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

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 184: 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?

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

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 185: What is a material breach of contract?

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

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 186: 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 187: Under Oklahoma's child support guidelines, what is the primary basis for calculating the base support obligation?

The noncustodial parent's net income alone
The combined gross income of both parents applied to a statutory schedule (Correct answer)
A flat percentage of the obligor's take-home pay
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 188: The Erie doctrine requires federal courts sitting in diversity to apply:

Federal common law to all substantive issues
State substantive law and federal procedural law (Correct answer)
Federal law whenever it conflicts with state law
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 189: 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 all guests share the host's Fourth Amendment rights
Denied only if the defendant disclaims ownership of the evidence
Granted, because the search occurred in a residence
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 190: 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?

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

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 191: 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:

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)
Files the action before any claimant has initiated suit
Admits liability to all claimants equally

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 192: At a lineup conducted after indictment, the defendant is not allowed to have counsel present, and a witness identifies him. The in-court identification by that witness is admissible only if:

The prosecution shows by clear and convincing evidence an independent source for the identification (Correct answer)
The witness repeats the identification under oath
The defendant cannot show the lineup was suggestive
The lineup was videotaped

Correct answer: The prosecution shows by clear and convincing evidence an independent source for the identification

Under United States v. Wade, an in-court identification following an uncounseled post-indictment lineup requires proof of an independent source.

Question 193: In a construction contract silent on order of performance, which party must perform first?

The owner must pay before work begins
Neither owes performance until a court orders it
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 194: 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
Cure the defect by tendering conforming goods before the deadline after seasonable notice (Correct answer)
Sue the buyer for wrongful rejection
Force the buyer to accept the defective goods at a discount

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 195: 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:

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

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 196: A secured party perfects a security interest in a debtor's personal property by filing a financing statement. The financing statement is effective for:

3 years from the date of filing
10 years from the date of filing, unless a termination statement is filed
1 year from the date of filing
5 years from the date of filing, unless a continuation statement is filed (Correct answer)

Correct answer: 5 years from the date of filing, unless a continuation statement is filed

Under UCC § 9-515(a), a filed financing statement is effective for five years. To continue perfection beyond five years, the secured party must file a continuation statement within the six-month window before the five-year period expires (§ 9-515(d)). Without a timely continuation, the financing statement lapses and the security interest becomes unperfected.

Question 197: 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 to dismiss under 12(b)(6) (Correct answer)
Motion for a more definite statement
Motion to strike redundant material
Motion for summary judgment

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

Sworn affidavits from each witness
Detailed factual allegations supporting every element of the claim
A statement of jurisdiction and a jury demand
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 199: 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 the state
Lapses into the residuary estate
Passes to Ann's daughter because Ann was a qualifying relative who left issue (Correct answer)
Is divided among all the testator's heirs

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 200: What is the statute of frauds?

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

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 201: 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
Admissible because the arrest warrant authorized a full house search
Admissible as a search incident to a lawful arrest
Inadmissible, because a protective sweep and search incident to arrest do not extend to small containers in other rooms (Correct answer)

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.

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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