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Question 1Civil Procedure

In an Oklahoma civil action, a defendant who wishes to challenge the sufficiency of the plaintiff's petition for failure to state a claim must raise the issue in what manner?

  1. In the answer or by a motion to dismiss under 12 O.S. § 2012(B)(6) filed before the answer Correct answer.
  2. By a plea in abatement presented at the first pretrial conference
  3. By demurrer filed within ten days after service of process
  4. By special exception asserted only at the close of plaintiff's evidence

Explanation

Under 12 O.S. § 2012(B), failure to state a claim may be raised in the answer or, at the defendant's option, by a motion under § 2012(B)(6) before filing the answer. A separate motion is not mandatory; demurrers and pleas in abatement are abolished under the Oklahoma Pleading Code.

Question 2Civil Procedure

A plaintiff files suit in Oklahoma district court and serves process on the defendant by certified mail. Which statute governs whether service by mail is sufficient?

  1. 12 O.S. § 2005, which permits service only by personal delivery
  2. 12 O.S. § 2004, which authorizes service by certified mail with return receipt requested Correct answer.
  3. 12 O.S. § 2012, which lists service methods in the answer provisions
  4. 12 O.S. § 323, which incorporates the Oklahoma Evidence Code

Explanation

Service of process in Oklahoma civil actions is governed by 12 O.S. § 2004, which expressly recognizes service by certified mail, return receipt requested, as an acceptable method. The statute also addresses service by personal delivery and by publication in specified circumstances. Sections 2005 and 2012 concern filings and defenses, not the methods of serving process.

Question 3Civil Procedure

An Oklahoma plaintiff wishes to name a defendant whose identity is unknown. What procedure does Oklahoma law provide for designating such a party?

  1. Filing a separate action against unknown persons after discovery
  2. Obtaining leave of court to defer naming the defendant until summary judgment
  3. Designating the party as an unincorporated association
  4. Naming the party as a "John Doe" defendant in the style of the case Correct answer.

Explanation

Oklahoma permits a plaintiff to designate an unknown defendant by a fictitious name such as John Doe in the caption of the case. The plaintiff may then amend to substitute the true name once the identity is learned. This practice is recognized in Oklahoma pleading practice and is distinct from suing an unincorporated association.

Question 4Civil Procedure

In an Oklahoma district court action, a party served with a complaint must file an answer within how many days after service of the summons and petition, absent a court order?

  1. Twenty days Correct answer.
  2. Thirty days
  3. Forty-five days
  4. Ten days

Explanation

Under 12 O.S. § 2012(A), the answer must be filed within twenty days after service of the summons and petition unless a different time is fixed by statute or court order. This is the general rule for defendants served within the state. Extensions may be sought, but the default period is twenty days.

Question 5Civil Procedure

Which of the following best describes Oklahoma's approach to the doctrine of forum non conveniens in civil actions?

  1. Oklahoma has abolished forum non conveniens entirely and must retain any properly filed action
  2. Oklahoma recognizes forum non conveniens and may dismiss or stay an action when another forum is substantially more appropriate Correct answer.
  3. Oklahoma applies forum non conveniens only in federal-question cases
  4. Oklahoma requires transfer to another county whenever the defendant resides elsewhere

Explanation

Oklahoma recognizes the doctrine of forum non conveniens, allowing a court in its discretion to dismiss or stay an action when litigation in another forum would better serve the interests of justice and convenience. The doctrine is applied cautiously, and the plaintiff's choice of forum is generally given weight. It is not limited to federal-question cases, and transfer rules for venue are separate.

Question 6Civil Procedure

A plaintiff sues in Oklahoma County district court. The defendant asserts that venue is improper because the defendant resides in Tulsa County and the events occurred there. How may the defendant raise the venue objection?

  1. By refusing to appear and defaulting
  2. By filing a separate declaratory judgment action in Tulsa County
  3. By motion to transfer or dismiss for improper venue, which must be raised in the responsive pleading or by motion before it Correct answer.
  4. By objecting for the first time on appeal after trial

Explanation

An objection to improper venue in Oklahoma is waived unless raised in the responsive pleading or by motion filed before or with the answer. The proper remedy is a request to transfer the action to the county where venue is proper or to dismiss. Raising the issue for the first time on appeal is too late.

Question 7Civil Procedure

In an Oklahoma civil case, the plaintiff serves interrogatories on the defendant. Within what period must the defendant respond, absent a stipulation or court order?

  1. Sixty days after service of the interrogatories
  2. Ten days after service of the interrogatories
  3. Thirty days after service of the interrogatories Correct answer.
  4. Forty-five days after service of the interrogatories

Explanation

Under the Oklahoma discovery rules, a party served with interrogatories must serve its written response within thirty days after service, unless the court orders otherwise or the parties stipulate to a different period. The response must answer each interrogatory or state a specific objection. Shorter and longer periods listed in the other options are not the default.

Question 8Civil Procedure

A defendant in Oklahoma state court wishes to remove the case to federal court. Which statement accurately reflects the interplay between Oklahoma procedure and federal removal?

  1. Removal is governed by 12 O.S. § 2004 and requires leave of the Oklahoma state court
  2. Removal may be accomplished by filing a motion in the state court asking the judge to transfer the case
  3. Removal is unavailable in diversity cases filed in Oklahoma state court
  4. Removal is governed by federal statutes, and the defendant must file a notice of removal in federal court within the federal statutory deadline Correct answer.

Explanation

Removal of a case from Oklahoma state court to federal court is a matter of federal law, principally 28 U.S.C. §§ 1441 and 1446. The defendant files a notice of removal in the federal district court, typically within thirty days of service, and state-court leave is not required. Diversity cases are removable if the federal requirements are satisfied.

Question 9Civil Procedure

An Oklahoma plaintiff files a petition that omits an essential element of a negligence claim. The defendant moves to dismiss under 12 O.S. § 2012(B)(6). What is the court's most likely approach?

  1. Dismiss with prejudice automatically, because the omission is jurisdictional
  2. Grant leave to amend if the defect may be cured, because Oklahoma favors liberal amendment Correct answer.
  3. Convert the motion into a summary judgment motion in every case
  4. Strike the petition and require the plaintiff to refile in a new action

Explanation

Oklahoma follows a liberal amendment policy, and a court ordinarily permits a plaintiff to cure a curable pleading defect rather than dismissing with prejudice. A motion under § 2012(B)(6) tests the legal sufficiency of the petition, and dismissal is warranted only if no amendment could remedy the deficiency. The defect is not jurisdictional merely because an element is missing.

Question 10Civil Procedure

A plaintiff in Oklahoma seeks to take the deposition of a nonparty witness who resides outside the state and refuses to appear voluntarily. Which mechanism is proper?

  1. A motion for default judgment against the nonparty
  2. A request that the witness voluntarily appear without any subpoena or process
  3. A subpoena issued under the Oklahoma discovery statutes, with enforcement coordinated through the witness's jurisdiction as needed Correct answer.
  4. A warrant issued by the Oklahoma court commanding the witness's appearance

Explanation

Because the witness will not appear voluntarily, attendance must be compelled through valid subpoena procedures in the witness's jurisdiction. An Oklahoma subpoena alone does not compel an out-of-state deposition; the applicable procedures for obtaining local process must be followed.

Question 11Civil Procedure

In an Oklahoma civil action, a party fails to respond to a request for production of documents. What is the court's authority?

  1. The court must dismiss the entire action with prejudice automatically
  2. The court may only issue a warning letter to the noncompliant party
  3. The court has no authority because discovery responses are voluntary in Oklahoma
  4. The court may order compliance and impose sanctions, including excluding evidence or entering default Correct answer.

Explanation

Oklahoma discovery rules give the court broad authority to compel discovery and to sanction noncompliance. Sanctions may include orders deeming facts admitted, excluding evidence, or entering default or dismissal. Automatic dismissal with prejudice is not required, and discovery is not merely voluntary.

Question 12Civil Procedure

A defendant in an Oklahoma case answers and asserts a counterclaim that arises from the same transaction as the plaintiff's claim. The plaintiff believes the counterclaim is legally insufficient. How should the plaintiff respond?

  1. File a separate action in another county challenging the counterclaim
  2. Request that the court strike the answer in its entirety
  3. Ignore the counterclaim because counterclaims cannot be challenged before trial
  4. Move to dismiss the counterclaim under 12 O.S. § 2012(B)(6) or raise the defense in a reply if one is required Correct answer.

Explanation

A counterclaim is a pleading subject to the same sufficiency standards as a petition, so the opposing party may move to dismiss it for failure to state a claim under § 2012(B)(6). Depending on the circumstances, the defense may also be raised in a reply. Ignoring the counterclaim risks an adverse ruling, and striking the entire answer is disproportionate.

Question 13Civil Procedure

An Oklahoma court enters judgment against a defendant who was served by publication. The defendant later learns of the judgment and seeks relief. Which statement best reflects Oklahoma law?

  1. A defendant served only by publication may seek to reopen the judgment within the statutory period, subject to the court's discretion and any showing required by statute Correct answer.
  2. Service by publication conclusively establishes personal jurisdiction and bars any later challenge
  3. The judgment is void in all cases and must be vacated automatically
  4. A publication judgment may be attacked only by direct appeal within ten days

Explanation

Oklahoma statutes permit a defendant served by publication to petition to reopen a default judgment within a specified period, typically showing a meritorious defense and excusable neglect. Service by publication does not conclusively establish in personam jurisdiction over a defendant who was not otherwise subject to the court's authority. The judgment is not automatically void in every case.

Question 14Civil Procedure

A plaintiff in Oklahoma state court wants to amend the petition to add a new claim after the statute of limitations has run. Which principle governs whether the amendment relates back?

  1. The amendment relates back only if the defendant consents in writing
  2. The amendment relates back if the claim arises out of the same conduct, transaction, or occurrence set forth in the original pleading Correct answer.
  3. The amendment relates back only if the new claim is identical to the original claim
  4. The amendment never relates back once the limitations period has expired

Explanation

Oklahoma's relation-back provision, like the federal rule, allows an amendment to relate back to the original pleading when the claim asserted arises out of the conduct, transaction, or occurrence set forth in the original pleading. The claim need not be identical, only connected to the same underlying events. Consent of the defendant is not required.

Question 15Civil Procedure

An Oklahoma court is asked to give preclusive effect to a prior Oklahoma judgment. Which requirement is essential for claim preclusion to apply?

  1. A final judgment on the merits by a court of competent jurisdiction involving the same parties or their privies and the same cause of action Correct answer.
  2. A prior judgment that was appealed and reversed on procedural grounds
  3. A prior judgment from a court that lacked personal jurisdiction over the defendant
  4. A prior judgment rendered by default without any appearance by the defendant

Explanation

Claim preclusion in Oklahoma requires a final judgment on the merits, rendered by a court of competent jurisdiction, between the same parties or their privies, on the same cause of action. A default judgment can qualify if the court had jurisdiction, but a judgment reversed on appeal or rendered without jurisdiction does not. The elements must all be satisfied.

Question 16Civil Procedure

In an Oklahoma civil action, the court is considering a motion for summary judgment. Which standard correctly describes the court's inquiry?

  1. Whether the case presents a question of fact that must always be tried to a jury
  2. Whether the evidentiary materials show no genuine issue of material fact and the movant is entitled to judgment as a matter of law Correct answer.
  3. Whether the plaintiff's evidence, viewed in the light most favorable to the defendant, proves each element beyond a reasonable doubt
  4. Whether the pleadings alone state a claim, without consideration of evidentiary materials

Explanation

Summary judgment in Oklahoma is proper when the evidentiary materials submitted show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. The court considers evidentiary materials such as affidavits and deposition excerpts, not merely the pleadings. The beyond-a-reasonable-doubt standard applies in criminal cases, not civil summary judgment.

Question 17Constitutional Law

Under the Oklahoma Constitution, the legislative authority of the state is vested in which body?

  1. The Legislature, consisting of a Senate and a House of Representatives Correct answer.
  2. The Corporation Commission
  3. The Governor and the Cabinet
  4. The Supreme Court

Explanation

Article V, Section 1 of the Oklahoma Constitution vests legislative power in a bicameral Legislature composed of a Senate and a House of Representatives. The other bodies named exercise executive or judicial functions rather than general legislative authority.

Question 18Constitutional Law

How often does the Oklahoma Constitution require the Legislature to meet in regular session?

  1. Every year Correct answer.
  2. Only when the Governor convenes it
  3. Every four years
  4. Every two years

Explanation

The Oklahoma Constitution, as amended, provides for the Legislature to convene in regular session each year beginning in January. Earlier versions used biennial sessions, but the current framework is annual.

Question 19Constitutional Law

Which court is designated by the Oklahoma Constitution as the highest court for civil appeals?

  1. The Oklahoma Supreme Court Correct answer.
  2. The Court of Civil Appeals
  3. The Court of Criminal Appeals
  4. The district courts

Explanation

The Oklahoma Supreme Court is the state's court of last resort for civil matters, while the Court of Criminal Appeals handles criminal appeals. The Court of Civil Appeals is an intermediate appellate court, and district courts are trial courts.

Question 20Constitutional Law

The Oklahoma Constitution's Bill of Rights appears in which article?

  1. Article VII
  2. Article V
  3. Article II Correct answer.
  4. Article I

Explanation

The Oklahoma Constitution places its Bill of Rights in Article II, immediately following the article on the seat of government. Article V addresses the legislative department, and Article VII addresses the judiciary.

Question 21Constitutional Law

Under the Oklahoma Constitution, the executive power of the state is vested in which officer?

  1. The Lieutenant Governor
  2. The Speaker of the House
  3. The Attorney General
  4. The Governor Correct answer.

Explanation

The Oklahoma Constitution vests the supreme executive power of the state in the Governor. Other executive officers hold independent constitutional offices but do not hold the state's supreme executive power.

Question 22Constitutional Law

The Oklahoma Legislature passes a bill and sends it to the Governor. The Governor neither signs nor vetoes it, and the Legislature remains in session. What is the result?

  1. The bill becomes law only if the Governor signs it within the session
  2. The bill is permanently defeated
  3. The bill returns to the Legislature for a second vote
  4. The bill becomes law after the constitutionally specified period passes without a veto Correct answer.

Explanation

Under the Oklahoma Constitution, if the Governor does not approve or veto a bill within the prescribed period while the Legislature is in session, the bill becomes law as if signed. A veto, by contrast, returns the bill to the Legislature.

Question 23Constitutional Law

The Oklahoma Legislature wants to amend the state constitution through the legislative process. Which requirement must be satisfied?

  1. A simple majority in each house in a single session
  2. A majority vote of both houses followed by approval by the people at an election Correct answer.
  3. Approval by the Governor alone
  4. A unanimous vote of the Supreme Court

Explanation

Constitutional amendments proposed by the Legislature must pass both houses and then be submitted to the voters for ratification. The Governor plays no role in the amendment process, and a single-session majority alone is insufficient.

Question 24Constitutional Law

A state statute grants the Governor broad authority to reorganize executive agencies without legislative approval. Which constitutional principle most directly limits such a delegation?

  1. The nondelegation doctrine
  2. The prohibition on special laws
  3. The single-subject rule
  4. The separation of powers Correct answer.

Explanation

Oklahoma's separation of powers provisions assign legislative authority to the Legislature and executive authority to the Governor, limiting transfers of core legislative power. The nondelegation doctrine is related but the separation-of-powers framework is the structural limit most directly implicated by executive reorganization.

Question 25Constitutional Law

An Oklahoma statute is challenged as a special law. Under the Oklahoma Constitution, a special law is one that does which of the following?

  1. Applies only to municipal ordinances
  2. Applies only to federal property
  3. Applies to a class of persons or things selected in a way not open to others similarly situated Correct answer.
  4. Applies uniformly to all persons in the state

Explanation

Oklahoma's Constitution prohibits special laws where a general law can be made applicable. A special law targets a class in a manner not generally available to others similarly situated, whereas a general law operates uniformly.

Question 26Constitutional Law

A criminal defendant in Oklahoma appeals a conviction, arguing the trial court misapplied a statute. Which court has appellate jurisdiction over the conviction?

  1. The Court of Criminal Appeals Correct answer.
  2. The Oklahoma Supreme Court
  3. The Court on the Judiciary
  4. The Court of Civil Appeals

Explanation

The Oklahoma Constitution gives the Court of Criminal Appeals exclusive appellate jurisdiction over criminal cases. The Supreme Court handles civil appeals, and the Court of Civil Appeals is an intermediate civil appellate court.

Question 27Constitutional Law

Which statement best describes the Oklahoma Constitution's treatment of the right to bear arms compared with the federal Second Amendment?

  1. Oklahoma's Constitution contains no arms provision
  2. Oklahoma's provision is identical in wording to the Second Amendment
  3. Oklahoma's provision expressly recognizes a right to bear arms for self-defense and other lawful purposes Correct answer.
  4. Oklahoma's provision applies only to the state militia

Explanation

Article II, Section 26 of the Oklahoma Constitution recognizes the right of citizens to bear arms for self-defense and other lawful purposes. Its wording differs from the federal Second Amendment and is not limited to militia service.

Question 28Constitutional Law

The Oklahoma Legislature enacts a bill containing multiple unrelated subjects. A challenger argues the bill violates the single-subject rule. Which constitutional provision is most directly implicated?

  1. Article VI, Section 1
  2. Article V, Section 57 Correct answer.
  3. Article II, Section 2
  4. Article VII, Section 1

Explanation

Article V, Section 57 of the Oklahoma Constitution requires that every act embrace only one subject, clearly expressed in its title. This provision is the basis for single-subject challenges to legislation.

Question 29Constitutional Law

A state agency adopts a rule that conflicts with a statute enacted by the Legislature. Which principle governs the outcome?

  1. The statute controls because the Legislature's enactments supersede conflicting administrative rules Correct answer.
  2. The agency rule controls because it is more specific
  3. The Governor decides which controls
  4. The rule controls if the agency held a hearing

Explanation

Because legislative power resides in the Legislature under the Oklahoma Constitution, an administrative rule cannot override a conflicting statute. Agency authority is derived from and limited by legislative enactment.

Question 30Constitutional Law

A plaintiff sues the State of Oklahoma in state court without the state's consent. What is the likely result under sovereign immunity principles recognized in Oklahoma?

  1. The suit is barred unless a statute expressly waives immunity or consents to suit Correct answer.
  2. The suit proceeds because Oklahoma has abolished sovereign immunity entirely
  3. The suit proceeds only if the plaintiff is an Oklahoma resident
  4. The suit is transferred automatically to federal court

Explanation

Oklahoma recognizes sovereign immunity and allows suits against the state only where the Legislature has expressly waived immunity or consented to be sued. General suits without consent are barred.

Question 31Constitutional Law

The Oklahoma Legislature passes a law that retroactively impairs an existing contractual obligation between private parties. Which constitutional protection is most directly implicated?

  1. The Free Exercise Clause
  2. The Privileges or Immunities Clause
  3. The Establishment Clause
  4. The Contracts Clause of the Oklahoma Constitution Correct answer.

Explanation

The Oklahoma Constitution, like the federal one, prohibits laws impairing the obligation of contracts. A statute that retroactively impairs existing private contracts triggers this protection, subject to reasonable police-power regulation.

Question 32Constitutional Law

A city ordinance conflicts with a general state statute on the same subject. Which principle determines whether the ordinance is valid?

  1. The ordinance is valid if approved by the Governor
  2. The ordinance is invalid if the state statute occupies the field or conflicts with the ordinance Correct answer.
  3. The ordinance prevails because local control is presumed
  4. The ordinance is valid if it is more recent

Explanation

Oklahoma follows the principle that state law supersedes conflicting local ordinances, and a city may not exercise authority inconsistent with general state law. Where the state has occupied the field or the two conflict, the ordinance is invalid.

Question 33Contracts

Under the Restatement (Second) of Contracts, which of the following is required for a contract to be enforceable under the doctrine of promissory estoppel?

  1. The promisee must have conferred a benefit on the promisor at the promisor's express request.
  2. The promisee must have suffered a loss that was unforeseeable and extraordinary.
  3. The promisee must have relied on the promise in a way that was reasonably foreseeable and that injustice can be avoided only by enforcement. Correct answer.
  4. The parties must have reduced their agreement to a signed writing.

Explanation

Promissory estoppel requires a promise, reasonable and foreseeable reliance, and a finding that injustice can be avoided only by enforcement. Detrimental reliance substitutes for consideration. The promisee need not confer a benefit or reduce the agreement to writing.

Question 34Contracts

A merchant sends a signed offer to buy goods and states that the offer will remain open for thirty days. The offeree never gives consideration for the promise to keep the offer open. Under UCC Article 2, what is the effect of this offer?

  1. The offer is revocable at any time because the option was not supported by consideration.
  2. The offer lapses immediately because a promise to hold an offer open requires a writing signed by both parties.
  3. The offer is irrevocable only if the offeree also signs a reciprocal promise to keep it open.
  4. The offer is irrevocable for thirty days because a merchant's signed assurance of firmness is binding without consideration. Correct answer.

Explanation

Under UCC 2-205, an offer by a merchant to buy or sell goods in a signed writing that gives assurance it will be held open is irrevocable for the stated time, up to three months, without consideration. This is the firm-offer rule.

Question 35Contracts

Which of the following best describes the mailbox rule for acceptance?

  1. An acceptance is effective when the offeree mails a rejection and then changes his mind.
  2. An acceptance is effective only when it is received by the offeror.
  3. An acceptance is generally effective when dispatched, unless the offer provides otherwise. Correct answer.
  4. An acceptance is effective when the offeror learns of it through any reliable means.

Explanation

Under the common-law mailbox rule, acceptance of a bilateral offer is effective upon dispatch, provided the acceptance is properly addressed and the offer does not specify otherwise. This allocates the risk of loss in transit to the offeror.

Question 36Contracts

A party seeks to enforce an oral agreement for the sale of a parcel of land. Which doctrine is most directly implicated?

  1. The doctrine of anticipatory repudiation, which excuses performance before the time set.
  2. The perfect tender rule, which requires goods to conform exactly to the contract.
  3. The parol evidence rule, which bars prior written agreements from varying a final writing.
  4. The statute of frauds, which generally requires a writing for contracts involving land. Correct answer.

Explanation

Contracts for the sale of an interest in land fall within the statute of frauds and generally must be evidenced by a writing signed by the party to be charged. The parol evidence rule, anticipatory repudiation, and perfect tender address different issues.

Question 37Contracts

Which of the following is an essential element of a valid contract under the common law?

  1. Mutual assent, consideration, capacity, and legality of purpose. Correct answer.
  2. A notarized acknowledgment of the agreement.
  3. A formal seal affixed to the document.
  4. A writing signed by both parties.

Explanation

A valid common-law contract requires mutual assent (offer and acceptance), consideration, capacity, and a lawful purpose. A writing is required only for certain contracts under the statute of frauds, and seals are generally unnecessary.

Question 38Contracts

A homeowner offers to pay a painter $5,000 to paint her house. The painter replies, "I accept, but only if you pay me $5,500." Under the common law, what is the legal effect of the painter's reply?

  1. It is a valid acceptance because the painter substantially agreed to the terms.
  2. It operates as a counteroffer that terminates the original offer. Correct answer.
  3. It creates a binding contract at the original price of $5,000.
  4. It is an invitation to negotiate that leaves the original offer open indefinitely.

Explanation

Under the common law, an acceptance must be a mirror image of the offer. A purported acceptance that changes a material term, such as price, is a counteroffer that operates as a rejection and terminates the original offer.

Question 39Contracts

A seller and buyer enter into a written contract for the sale of goods that contains a merger clause. Before signing, the seller orally promised to include free installation. The written contract is silent on installation. In a dispute, which statement is most accurate?

  1. The oral promise is barred by the parol evidence rule if the writing is a complete integration. Correct answer.
  2. The oral promise is admissible only if it was made after signing.
  3. The oral promise is admissible because the writing is silent on installation.
  4. The oral promise automatically voids the entire written contract.

Explanation

The parol evidence rule bars prior or contemporaneous oral agreements that would supplement or contradict a fully integrated writing. A merger clause is strong evidence of complete integration. If the writing is fully integrated, the prior oral promise cannot be introduced.

Question 40Contracts

A minor enters into a contract to purchase a car. After reaching the age of majority, the minor continues to drive the car for several months. Under the majority rule, what is the most likely effect?

  1. The contract is automatically enforceable only if the minor pays the full price in advance.
  2. The contract remains voidable indefinitely because the minor never gave fresh consideration.
  3. The contract is void ab initio and cannot be ratified.
  4. The minor's continued use after reaching majority may constitute ratification of the contract. Correct answer.

Explanation

Contracts with minors are generally voidable at the minor's election. After reaching majority, a former minor may ratify the contract by conduct, such as continuing to use the subject matter for an unreasonable period. Ratification makes the contract binding.

Question 41Contracts

A buyer and seller enter into a contract for the sale of goods. The buyer later sends a purchase order that adds a warranty term not in the original offer. Under UCC 2-207, what is the likely result?

  1. The entire transaction fails because the terms do not match exactly.
  2. The additional term automatically becomes part of the contract because the buyer sent it.
  3. The additional term is void because warranties cannot be added after formation.
  4. The additional term is treated as a proposal for addition and does not become part of the contract if it materially alters the agreement. Correct answer.

Explanation

Under UCC 2-207, a definite and seasonable expression of acceptance operates as an acceptance even if it states additional terms. Between merchants, additional terms become part of the contract unless they materially alter it, among other exceptions. A warranty addition may be a material alteration.

Question 42Contracts

A party to a contract refuses to perform before the time for performance has arrived and states that it will not perform. The nonbreaching party may treat this as what?

  1. An anticipatory repudiation, which may excuse the nonbreaching party's duties and permit an immediate claim for damages. Correct answer.
  2. A force majeure event that suspends all obligations indefinitely.
  3. A waiver of the nonbreaching party's right to damages.
  4. A mere expression of intent that has no legal effect until the performance date passes.

Explanation

An unequivocal statement that a party will not perform before the time set is an anticipatory repudiation. The nonbreaching party may treat it as a breach, suspend its own performance, and sue immediately for damages.

Question 43Contracts

A creditor promises to accept $500 in full satisfaction of a $1,000 debt that is due and undisputed. The debtor pays $500 and the creditor later sues for the remaining $500. Under the common law, what is the likely result?

  1. The creditor wins only if the debtor signed a written waiver.
  2. The debtor wins because the doctrine of promissory estoppel always bars creditors from suing.
  3. The debtor wins because part payment of a liquidated debt discharges the obligation.
  4. The creditor wins because the debtor gave no new consideration for the discharge. Correct answer.

Explanation

Under the common-law preexisting duty rule, part payment of a liquidated, undisputed debt is not consideration for the creditor's promise to discharge the balance. The creditor may recover the remainder unless a UCC or statutory exception applies.

Question 44Contracts

Which of the following promises is most likely to be enforceable without consideration under the doctrine of promissory estoppel?

  1. A promise to pay a bonus that the employer has full discretion to withhold.
  2. A promise by an employer to pay a pension to long-serving employees who relied on it by remaining in their jobs. Correct answer.
  3. A promise to make a gift to a stranger who has done nothing in reliance.
  4. A promise to pay a debt that is already time-barred by the statute of limitations.

Explanation

Promissory estoppel enforces a promise when the promisor reasonably expects reliance, reliance occurs, and injustice can be avoided only by enforcement. Employees who forgo other opportunities and remain employed in reliance on a pension promise may enforce it.

Question 45Contracts

A contract contains a clause stating that "time is of the essence." A party fails to perform by the stated date. What is the most likely legal effect?

  1. The contract is void for lack of mutual assent.
  2. The failure is irrelevant unless the contract is for the sale of goods.
  3. The failure may constitute a material breach that excuses the other party's performance. Correct answer.
  4. The failure is automatically excused because time clauses are unenforceable.

Explanation

A time-is-of-the-essence clause makes timely performance a material condition. Failure to perform by the stated date may be a material breach, allowing the nonbreaching party to suspend performance and seek damages.

Question 46Contracts

A party to a contract for personal services dies before completing performance. Which statement best describes the general rule?

  1. The death constitutes a breach for which the estate is strictly liable.
  2. The decedent's estate must complete the personal services because contracts bind heirs.
  3. The duty to perform personal services is generally discharged by death or incapacity because the services are unique to the individual. Correct answer.
  4. The contract is automatically assigned to the nearest relative.

Explanation

When a contract requires personal services that are unique to the individual, death or incapacity generally discharges the duty to perform. The estate is not required to render the personal services, though other obligations may survive.

Question 47Contracts

A seller agrees to sell goods to a buyer, and the contract states that the buyer's obligation to pay is subject to the buyer obtaining financing. The buyer makes reasonable efforts but cannot obtain financing. What is the most likely result?

  1. The buyer's duty to pay is excused because the financing condition failed without the buyer's fault. Correct answer.
  2. The seller must provide financing to the buyer.
  3. The buyer is in breach because financing conditions are disfavored by law.
  4. The contract is void because it contains a condition precedent.

Explanation

A condition precedent must occur before a duty of performance arises. If the buyer uses reasonable efforts and the financing condition fails without the buyer's fault, the buyer's duty to pay is excused and the buyer is not in breach.

Question 48Contracts

A contractor substantially performs a construction contract but leaves minor defects. The owner refuses to pay the full contract price. Under the substantial performance doctrine, what is the most likely outcome?

  1. The owner must pay the full price without any offset for the defects.
  2. The contract is void because substantial performance is not recognized in construction contracts.
  3. The contractor may recover the contract price minus the cost of curing the minor defects. Correct answer.
  4. The contractor recovers nothing because any deviation is a material breach.

Explanation

Under the substantial performance doctrine, a party who performs in good faith with only minor, non-material deviations may recover the contract price less the cost of remedying the defects. This avoids forfeiture for trivial shortcomings.

Question 49Criminal Law and Procedure

Under Oklahoma law, a person who commits first degree murder may be punished by death, life imprisonment without parole, or life imprisonment. Which constitutional rule governs whether a particular defendant is eligible for the death penalty?

  1. The defendant bears the burden of proving mitigating circumstances sufficient to outweigh aggravators.
  2. Death is mandatory whenever the murder is especially heinous.
  3. The sentencer must find at least one statutory aggravating circumstance beyond a reasonable doubt before death may be imposed. Correct answer.
  4. The jury must unanimously agree on death or the judge may impose it independently.

Explanation

Oklahoma's capital sentencing scheme is an aggravated-circumstances framework: the State must prove at least one statutory aggravating circumstance beyond a reasonable doubt, and the jury must weigh it against mitigation before death may be imposed. Mitigation need not be proven by any burden and may be given effect by a single juror. The Eighth Amendment requires this individualized, non-mandatory determination.

Question 50Criminal Law and Procedure

During a traffic stop for a burned-out taillight, an Oklahoma officer notices a locked hard case on the back seat and asks the driver whether it contains anything illegal. The driver says no. The officer orders the driver to open it. The driver refuses. Which statement best describes the legality of the order?

  1. The order is lawful because the driver's refusal furnishes probable cause to search.
  2. The order is lawful because traffic stops permit officers to compel any action needed to complete the stop.
  3. The order is lawful because a hard case in a vehicle is analogous to a container in an automobile exception search.
  4. The order is unlawful because the driver has a reasonable expectation of privacy in a closed container and no exception justifies compelled opening. Correct answer.

Explanation

A closed container carries a reasonable expectation of privacy, and the automobile exception permits a warrantless search only where probable cause exists. A mere refusal to consent, or the bare presence of a locked case, does not supply probable cause. Compelling the driver to open it converts a consensual request into an unlawful search.