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

Question 1: 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 buyer gives notice within 24 hours
The seller has breached a prior installment
The goods fail to conform in any respect under perfect tender
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 2: Under the Oklahoma General Corporation Act, what is the minimum number of directors a newly formed corporation must have?

Five
One (Correct answer)
Three
Two

Correct answer: One

Oklahoma's corporation statute allows a newly formed corporation to have as few as one director, consistent with modern corporate law trends.

Question 3: Under Substantive Due Process, unenumerated fundamental rights receive what level of protection?

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

Correct answer: Strict scrutiny

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

Question 4: A minor purchases a car, uses it for six months, and then disaffirms the contract before turning 18. In most jurisdictions, the minor may:

Disaffirm only by paying the fair rental value of the car
Not disaffirm because cars are necessaries
Disaffirm and recover payments, returning the car in its current condition (Correct answer)
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 5: A criminal defendant seeks to introduce a sworn statement against penal interest by a now-deceased acquaintance confessing to the charged crime. What additional showing does the exception require in this criminal case?

That the statement was made to law enforcement
That the declarant was granted immunity before speaking
Nothing more; unavailability alone suffices
Corroborating circumstances clearly indicating the statement's trustworthiness (Correct answer)

Correct answer: Corroborating circumstances clearly indicating the statement's trustworthiness

A statement against penal interest offered to exculpate a criminal defendant requires corroborating circumstances that clearly indicate its trustworthiness.

Question 6: The Eleventh Amendment bars suits in federal court against a state by:

Citizens of another state or foreign nation, absent the state's consent or congressional abrogation under Section 5 of the Fourteenth Amendment (Correct answer)
Any private party, including citizens of that state, for any reason
Federal agencies seeking to enforce federal regulations against the state
Foreign governments asserting treaty-based claims

Correct answer: Citizens of another state or foreign nation, absent the state's consent or congressional abrogation under Section 5 of the Fourteenth Amendment

The Eleventh Amendment bars suits by citizens of other states or foreign nations against a state in federal court, but states may consent to suit or Congress may abrogate immunity via valid Section 5 legislation.

Question 7: Can grandparents obtain visitation rights?

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

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

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

Question 8: A man is married to a woman when she gives birth. Under Oklahoma's Uniform Parentage Act, what is his status?

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

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 9: What is the exclusionary rule?

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

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 10: Under Oklahoma criminal law, what distinguishes first-degree murder from second-degree murder?

First-degree murder applies only to killings of public officials
There is no second-degree murder offense in Oklahoma
Second-degree murder requires premeditated intent to kill
First-degree murder requires malice aforethought or enumerated felony murder, while second-degree covers depraved-mind killings without premeditation (Correct answer)

Correct answer: First-degree murder requires malice aforethought or enumerated felony murder, while second-degree covers depraved-mind killings without premeditation

First-degree murder under 21 O.S. § 701.7 requires malice aforethought or qualifying felony murder, while second-degree murder covers depraved-mind killings and non-enumerated felony murder.

Question 11: In Oklahoma, what is the minimum residency requirement for a petitioner to file for divorce in the state?

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

Correct answer: Six months immediately before filing

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

Question 12: What is the double jeopardy clause?

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

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

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

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

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

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

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

Question 14: In Oklahoma, a holographic will is valid if it meets which requirement?

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

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 15: 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 — felony murder never applies when the decedent is a co-felon
Yes — Carl is strictly liable for all deaths that occur during the commission of a felony, regardless of who caused them
Yes — the store owner's act of self-defense is foreseeable and therefore attributable to Carl under proximate cause
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)

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

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

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

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

Question 17: What is consideration in contract formation?

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

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

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

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

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

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

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

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

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

Question 22: 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:

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

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 23: 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:

$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)
$9,000, the original contract price

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

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

Question 24: Under FRCP Rule 56, summary judgment is appropriate when:

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

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

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

Question 25: 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 state, by escheat
The deceased child's estate creditors
The two grandchildren, as substitute takers for their deceased parent (Correct answer)
The surviving children split it, because the gift lapsed

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 26: Personal jurisdiction based on 'minimum contacts' requires that:

The defendant owns property in the forum state
The defendant is physically present in the 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 27: A defendant swings a bat at the plaintiff intending to scare him, but accidentally strikes him. The best claim is battery because:

The plaintiff consented by standing nearby
Battery requires no intent at all
Recklessness always equals intent
Intent to cause apprehension transfers to satisfy the intent element of battery (Correct answer)

Correct answer: Intent to cause apprehension transfers to satisfy the intent element of battery

Under transferred intent, intent to commit assault satisfies the intent requirement for a resulting battery.

Question 28: Defendant's first trial ends when the judge declares a mistrial over defense objection because a key prosecution witness is ill. Retrial is:

Barred, because the defense objected to the mistrial
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
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 29: 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)
No, because withdrawal negates the agreement
Yes, but only if the robbery is actually carried out
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 30: 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 strike redundant material
Motion to dismiss under 12(b)(6) (Correct answer)
Motion for a more definite statement
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.

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.

Questions

35 min

Time Limit

66%

To Pass

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