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Specific Law Flashcards

7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. 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.

  2. In Oklahoma, a holographic will is valid if it meets which requirement?

    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.

  3. Under Oklahoma criminal law, what distinguishes first-degree murder from second-degree murder?

    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.

  4. In Oklahoma, what interest does a surface owner have when a different party owns the severed mineral estate?

    Answer: The mineral estate is dominant, so the mineral owner has reasonable use of the surface to develop minerals

    Oklahoma follows the dominant mineral estate doctrine, giving mineral owners reasonable surface use, subject to the Surface Damages Act.

  5. Under the Oklahoma Governmental Tort Claims Act, what must a claimant do before filing suit against a political subdivision?

    Answer: Present written notice of the claim within one year of the loss and allow the entity time to approve or deny it

    The GTCA (51 O.S. § 156) requires written notice of a claim within one year of loss, and suit may be filed only after denial.

  6. In Oklahoma, which court has exclusive appellate jurisdiction over criminal appeals?

    Answer: The Oklahoma Court of Criminal Appeals

    Oklahoma has a bifurcated appellate system: the Court of Criminal Appeals is the court of last resort for criminal cases.

  7. Under Oklahoma law, what is the default marital property regime applied at divorce?

    Answer: Equitable distribution of property acquired during marriage

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