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
Following McGirt, the Oklahoma Court of Criminal Appeals extended the reservation analysis to which additional tribes?
Answer: The Cherokee, Chickasaw, Choctaw, Seminole, and Quapaw nations, among others
Oklahoma's appellate courts applied McGirt's reasoning to recognize the continuing reservations of the other Five Tribes and additional nations.
In Oklahoma workers' compensation law, what is the exclusive remedy rule?
Answer: Workers' compensation is generally the sole remedy against the employer for covered workplace injuries, barring most tort suits
Under the Administrative Workers' Compensation Act, compensation benefits are the exclusive remedy against employers for covered injuries, with narrow exceptions.
Under Oklahoma law, what effect does a deed's failure to be recorded have on its validity?
Answer: The deed is valid between the parties but may be defeated by a subsequent bona fide purchaser who records first
Oklahoma's race-notice recording scheme leaves an unrecorded deed valid between the parties but vulnerable to a later BFP who records first.
Under Oklahoma's dram shop liability doctrine, a commercial vendor may be liable for injuries caused by an intoxicated patron when the vendor did what?
Answer: Sold alcohol to a noticeably intoxicated person who then injured a third party
Since Brigance v. Velvet Dove, Oklahoma recognizes dram shop liability for serving noticeably intoxicated persons who then injure others.
In Oklahoma, what vote is required for a jury to impose a criminal conviction in a felony trial?
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.
Under Oklahoma's certificate of merit requirement in professional negligence cases, a plaintiff generally must do what?
Answer: Attach an affidavit that a qualified expert has opined the claim is meritorious, or plead an exemption
In professional negligence actions, 12 O.S. § 19.1 requires an affidavit of expert consultation supporting the claim's merit unless an exception applies.
In Oklahoma guardianship and child custody matters, courts resolve disputes primarily using which standard?
Answer: The best interests of the child standard
Oklahoma courts apply the best interests of the child standard, having abolished gender-based custody preferences.