Mixed Deck — All OK BAR Topics Flashcards

A federal statute pre-empts state law under the Supremacy Clause when:

Answer: Congress expressly pre-empts state law, federal law impliedly occupies the field, or state law conflicts with federal law

Federal pre-emption occurs through express pre-emption clauses, field pre-emption (pervasive scheme implying exclusivity), or conflict pre-emption (impossibility or obstacle to federal objectives).

What is a deficiency judgment in foreclosure?

Answer: A judgment for the balance owed after the foreclosure sale proceeds are insufficient to cover the debt

When a foreclosure sale produces less than the outstanding mortgage balance, a deficiency judgment allows the lender to pursue the borrower for the remaining amount owed.

What is the duration of the statutory period for adverse possession in Oklahoma?

Answer: 10 years

Oklahoma law specifies a statutory period of ten (10) years for adverse possession. This means that for a claimant to acquire title to real property through adverse possession, their possession must meet all the common law requirements (actual, open, notorious, hostile, exclusive, and continuous) for a full decade. This period is crucial for establishing a claim to property against the true owner.

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

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

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

A client emails his lawyer asking for advice about structuring a legitimate land purchase, copying his accountant so the accountant can implement the tax plan the lawyer recommends. Is the email privileged?

Answer: Yes, because disclosure to an agent reasonably necessary to facilitate legal advice does not waive the privilege

Attorney-client privilege survives disclosure to third parties whose participation is reasonably necessary to facilitate the legal representation.

An agency issue in a business associations essay asks when a principal is bound by a contract an agent signed without actual authority. The principal may still be bound under:

Answer: Apparent authority, if the principal's manifestations led the third party to reasonably believe the agent was authorized

Apparent authority binds a principal when its own manifestations cause a third party reasonably to believe the agent has authority.

What is the hearsay rule?

Answer: Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible

Hearsay is an out-of-court statement offered to prove the truth of what was stated. It is generally inadmissible unless an exception applies.

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

Answer: The seller duly delivers the goods to the carrier

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

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?

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.

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?

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.

Under Oklahoma family law, what is the statutory waiting period before a divorce decree becomes final for purposes of remarriage when the parties have minor children?

Answer: A divorce cannot be granted until 90 days after filing when minor children are involved, absent waiver

Under 43 O.S. § 107.1, when minor children are involved, a decree generally may not issue until 90 days after filing unless the court waives it.

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?

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.

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

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.

In an Oklahoma sexual assault prosecution, the defense seeks to introduce evidence of the victim's sexual behavior with third parties to suggest consent. Under the rape shield rule, what is the general result?

Answer: Excluded, subject to narrow exceptions such as specific instances with the accused offered on consent or an alternate source of physical evidence

Rape shield provisions generally exclude a victim's other sexual behavior, allowing narrow exceptions like prior acts with the defendant on consent or explaining physical evidence.

O sells Blackacre to A, who does not record. O then sells to B, who pays value and knows nothing of A. B records. Under a notice recording statute, who prevails?

Answer: B, because he was a bona fide purchaser without notice

Under a notice statute, a subsequent bona fide purchaser without notice prevails over a prior unrecorded conveyance regardless of who records first.

Which of the following should be included in a properly drafted complaint in Oklahoma state court?

Answer: A detailed statement of facts, a prayer for relief, and the legal basis for the claim.

A properly drafted complaint in Oklahoma state court, consistent with notice pleading standards, must contain a short and plain statement of the claim showing that the pleader is entitled to relief. This includes a clear factual narrative supporting the claim, identification of the legal theories or basis for the claim, and a demand for the specific relief sought (the 'prayer for relief'). These elements inform the court and the opposing party of the nature of the dispute.

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

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

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

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

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

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

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

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.

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?

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.