OK Bar Essay 3

Question 1

Which of the following subjects is tested on the MEE but NOT on the multiple-choice MBE?

Accepted Answer

Family law

Answer

Family law is an MEE-only subject, while torts, real property, and criminal law also appear on the MBE.

Question 2

An MEE trusts essay asks whether a settlor can revoke a trust when the instrument is silent on revocability. Under the Uniform Trust Code approach, the trust is:

Accepted Answer

Revocable unless the instrument expressly makes it irrevocable

Answer

The Uniform Trust Code presumes a trust is revocable unless the terms expressly provide otherwise.

Question 3

A secured transactions essay describes a lender who filed a financing statement before a competing lender but perfected second. Who generally has priority under Article 9?

Accepted Answer

The first lender to file or perfect

Answer

Under UCC 9-322, priority among conflicting security interests goes to the first party to file or perfect.

Question 4

In an MEE civil procedure essay, a defendant wants to challenge personal jurisdiction in federal court. When must this defense be raised to avoid waiver?

Accepted Answer

In the first Rule 12 motion or responsive pleading

Answer

Under Rule 12(h), personal jurisdiction is waived if omitted from the first Rule 12 motion or responsive pleading.

Question 5

An MEE family law essay involves a premarital agreement waiving spousal support. Under the prevailing UPAA approach, such an agreement is enforceable unless:

Accepted Answer

It was involuntary or unconscionable when executed without adequate financial disclosure

Answer

Under the Uniform Premarital Agreement Act, enforcement is denied for involuntariness or for unconscionability coupled with inadequate disclosure.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Essay 3