OK Bar flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Diversity jurisdiction amount

The amount in controversy must exceed $75,000, exclusive of interest and costs, and there must be complete diversity between all plaintiffs and all defendants.

Erie doctrine

Federal courts must apply state substantive law and federal procedural law; if no federal rule, apply state law unless it conflicts with federal policy.

Summary judgment standard

Granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law, viewing facts in the light most favorable to the nonmovant.

Claim preclusion

Bars relitigation of the same claim between the same parties or their privies after a final judgment on the merits.

Standing requirements

Plaintiff must show injury-in-fact (concrete and particularized), causation (traceable to defendant), and redressability (likely redressed by a favorable decision).

Strict scrutiny

Applies to suspect classifications and fundamental rights; the law must serve a compelling government interest and be narrowly tailored to achieve that interest.

Dormant Commerce Clause

State laws discriminating against interstate commerce are per se invalid unless legitimate local purpose cannot be served by nondiscriminatory alternatives; nondiscriminatory laws upheld unless burden clearly excessive.

State action doctrine

Constitutional protections generally apply only to government conduct; private conduct may be subject to constitutional norms if significant state involvement exists.

UCC perfect tender rule

Under UCC § 2-601, a buyer may reject goods if they fail in any respect to conform to the contract, unless the seller cures within the contract time.

Statute of Frauds categories

Writing required for marriage, year (cannot be performed within one year), land, executor, surety, and sale of goods over $500 (UCC § 2-201).

Parol evidence rule

A final written agreement supersedes prior or contemporaneous oral agreements; exceptions include ambiguity, fraud, mistake, condition precedent, and consistent additional terms under the UCC.

Liquidated damages enforceability

Enforceable if damages are difficult to estimate at contract formation and the amount is a reasonable forecast of probable loss; otherwise it is an unenforceable penalty.

Miranda warnings

Before custodial interrogation, police must warn of the right to remain silent, that statements may be used against the suspect, and the right to counsel.

Exclusionary rule

Evidence obtained in violation of the Fourth Amendment is inadmissible in the prosecution's case-in-chief, subject to exceptions like good faith, inevitable discovery, and attenuation.

Felony murder rule

A killing committed during the commission of an inherently dangerous felony is murder, even without intent to kill, if the death is a foreseeable result of the felony.

Double jeopardy

The Fifth Amendment prohibits a second prosecution after acquittal or conviction and multiple punishments for the same offense under the Blockburger test.

Hearsay definition

An out-of-court statement offered to prove the truth of the matter asserted; inadmissible unless an exclusion or exception applies under the Federal Rules of Evidence.

Confrontation Clause

Testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant (Crawford).

Character evidence rule

Evidence of a person's character is not admissible to prove conduct in conformity, but may be admissible for other purposes like motive, intent, or identity (MIMIC).

Daubert standard

Expert testimony is admissible if the expert is qualified and the testimony is based on reliable principles and methods reliably applied to the facts.

Joint tenancy

Concurrent ownership with right of survivorship, requiring unity of time, title, interest, and possession; upon death, the survivor takes the whole.

Recording acts

Race: first to record wins; notice: first without notice wins; race-notice: first to record without notice wins; determines priority among competing interests.

Easement by necessity

Implied easement arising when a parcel is landlocked and access is necessary for use and enjoyment; terminates when necessity ends.

Adverse possession period

Oklahoma requires 15 years of actual, open, notorious, exclusive, hostile, and continuous possession to acquire title by adverse possession (12 O.S. § 93).

Negligence elements

Duty (standard of care), breach (failure to meet standard), causation (actual and proximate), and damages (actual harm).

Premises liability invitee

Landowner owes invitee a duty to inspect for and warn of latent dangers and to use reasonable care to make the premises safe.

Strict products liability

Liability for defective products without proof of negligence if the product was defective and unreasonably dangerous, the defect existed when sold, and caused harm.

Defamation actual malice

Public figures must prove the defendant made a false defamatory statement with knowledge of falsity or reckless disregard for the truth (New York Times v. Sullivan).

Oklahoma comparative negligence

Oklahoma follows modified comparative negligence: plaintiff may recover if negligence is less than 50%; damages reduced by plaintiff's percentage of fault (23 O.S. § 13).

Oklahoma oil and gas pooling

The Oklahoma Corporation Commission may force pool mineral interests to prevent waste and protect correlative rights; forced pooling orders under 52 O.S. § 87.1.

Oklahoma water law

Dual system: riparian rights for stream water and prior appropriation for groundwater, administered by the Oklahoma Water Resources Board through permits.

MPT task memo

The memo identifies the client, legal problem, required document, and specific instructions; it is the primary guide for the performance test response.