OK Bar Specific Law 2 — Questions and Answers
Question 1: Under the U.S. Supreme Court's decision in McGirt v. Oklahoma (2020), which of the following is true regarding criminal jurisdiction in eastern Oklahoma?
- The Muscogee (Creek) Nation reservation was never disestablished, so major crimes by Indians there fall under federal jurisdiction (Correct answer)
- Oklahoma retains exclusive jurisdiction over all crimes committed within historic reservation boundaries
- Tribal courts gained jurisdiction over all non-Indian defendants for any offense
- The decision abolished tribal court jurisdiction entirely within Oklahoma
Correct answer: The Muscogee (Creek) Nation reservation was never disestablished, so major crimes by Indians there fall under federal jurisdiction
McGirt held the Creek reservation was never disestablished, so crimes by Indians there are prosecuted federally under the Major Crimes Act.
Question 2: In Oklahoma, what is the general statute of limitations for a negligence action for personal injury?
- One year from the date of injury
- Two years from the date the cause of action accrues (Correct answer)
- Three years from the date of injury
- Five years from the date the cause of action accrues
Correct answer: Two years from the date the cause of action accrues
Under 12 O.S. § 95, personal injury negligence claims must be filed within two years of accrual.
Question 3: Oklahoma is unique among many states because of its extensive body of law governing which natural resource industry?
- Timber harvesting
- Commercial fishing
- Oil and gas production (Correct answer)
- Coastal mineral dredging
Correct answer: Oil and gas production
Oklahoma has a highly developed body of oil and gas law, including forced pooling and Corporation Commission regulation.
Question 4: Under Oklahoma law, which state agency has primary regulatory authority over oil and gas drilling, spacing, and pooling orders?
- The Oklahoma Department of Environmental Quality
- The Oklahoma Corporation Commission (Correct answer)
- The Oklahoma Tax Commission
- The Oklahoma Energy Board
Correct answer: The Oklahoma Corporation Commission
The Oklahoma Corporation Commission regulates drilling, well spacing, and forced pooling in the state.
Question 5: In an Oklahoma civil jury trial in district court, how many of the twelve jurors must agree to render a verdict in a civil case?
- All twelve jurors must agree
- At least nine jurors must agree (Correct answer)
- At least ten jurors must agree
- A simple majority of seven jurors is sufficient
Correct answer: At least nine jurors must agree
The Oklahoma Constitution permits a civil verdict by agreement of three-fourths of the jury, meaning nine of twelve jurors.
Question 6: Oklahoma follows which system of comparative negligence in tort cases?
- Pure comparative negligence, allowing recovery regardless of the plaintiff's percentage of fault
- Contributory negligence, barring any recovery if the plaintiff is at fault
- Modified comparative negligence, barring recovery if the plaintiff's fault exceeds 50 percent (Correct answer)
- Modified comparative negligence, barring recovery if the plaintiff's fault is 25 percent or more
Correct answer: Modified comparative negligence, barring recovery if the plaintiff's fault exceeds 50 percent
Under 23 O.S. § 13, a plaintiff may recover only if their negligence does not exceed the combined negligence of the defendants (51% bar).
Question 7: Which of the following is true about Oklahoma's homestead exemption in bankruptcy and creditor actions?
- Oklahoma caps the homestead exemption at $25,000 in all cases
- Oklahoma provides an unlimited-value homestead exemption on qualifying property, subject to acreage limits (Correct answer)
- Oklahoma abolished the homestead exemption in 2010
- The exemption applies only to homes owned free of any mortgage
Correct answer: Oklahoma provides an unlimited-value homestead exemption on qualifying property, subject to acreage limits
Oklahoma's homestead exemption is unlimited in value but limited by acreage—generally one acre urban or 160 acres rural.
OK Bar Specific Law 2
Under the U.S.
Supreme Court's decision in McGirt v.
Oklahoma (2020), which of the following is true regarding criminal jurisdiction in eastern Oklahoma?