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.
Read the first 7 Specific Law flashcards as text
Under Oklahoma's forced pooling statute, what happens to a mineral owner who does not lease or participate in a drilling unit?
Answer: The Corporation Commission may pool their interest and give them election options, such as a bonus and royalty
Under 52 O.S. § 87.1, the Corporation Commission can force-pool unleased owners and provide fair election alternatives like cash bonus plus royalty.
In Oklahoma civil procedure, when must a defendant generally serve an answer after being served with a petition and summons?
Answer: Within 20 days after service of the summons
Under 12 O.S. § 2012, a defendant must answer within 20 days after service of the summons unless the time is extended.
Which of the following correctly states Oklahoma's rule on non-economic damages caps in bodily injury cases after Beason v. I.E. Miller Services (2019)?
Answer: The Oklahoma Supreme Court struck down the statutory cap as an unconstitutional special law
In Beason, the Oklahoma Supreme Court held the $350,000 non-economic damages cap unconstitutional as a special law.
Under Oklahoma criminal procedure, what is the purpose of a preliminary hearing in a felony case?
Answer: To determine whether probable cause exists that a felony was committed and the defendant committed it
A preliminary hearing in Oklahoma determines probable cause to bind the defendant over for trial on felony charges.
In Oklahoma, an easement by prescription requires open, notorious, hostile, and continuous use of another's land for how long?
Answer: Fifteen years
Oklahoma requires fifteen years of qualifying adverse use to establish a prescriptive easement or adverse possession.
Under the Oklahoma Consumer Protection Act, which of the following is required for a private plaintiff to recover?
Answer: Proof of an unlawful practice, that the plaintiff was aggrieved, and that the practice caused the injury
A private OCPA claim requires an unlawful practice, occurrence in consumer transaction context, an aggrieved plaintiff, and causation of injury.
In Oklahoma, which statement about spousal election rights against a will is correct?
Answer: A surviving spouse may elect to take a statutory forced share of property acquired by joint industry during the marriage
Under 84 O.S. § 44, a spouse cannot be willed less than an undivided one-half interest in property acquired by the couple's joint industry during marriage.