OKLAHOMA BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the Oklahoma Bar Exam Distinctions long outline.
1. EXAM FORMAT
UBE state · MBE/MEE/MPT weighted 50/30/20 · minimum passing score 260—one of the lowest UBE thresholds, so a 260 earned here may not transfer into a 270 state · score transferable within the window · plus MPRE + character/fitness · no separate state-law essay · essays graded on national majority law.
2. CIVIL PROCEDURE
Tort SOL 2 years · written contract 5 years, oral contract 3 years (12 O.S. §95) · defamation 1 year · fraud 2 years from discovery · Oklahoma Pleading Code (12 O.S. §2001 et seq.) tracks the Federal Rules—notice pleading, Rule 12 defenses, federal-style discovery · long-arm to full due-process limits · district courts of general jurisdiction.
3. EVIDENCE
Own Oklahoma Evidence Code (12 O.S. §2101 et seq.), FRE-patterned and largely parallel · Daubert adopted (Christian v. Gray) · statutory physician-patient privilege (no FRE analog), plus attorney-client, spousal, clergy—the privilege is the key testable practice difference.
4. FAMILY LAW
No-fault ground of incompatibility PLUS retained fault grounds (adultery, cruelty, abandonment, etc.) (43 O.S. §101) · common-law marriage historically recognized—analyze before assuming parties unmarried · equitable distribution (not community property): property "acquired by the joint industry of the spouses during marriage" is marital; gifts/inheritance to one spouse stay separate—trace the source · support alimony on need/ability · Oklahoma child-support guidelines.
5. WILLS / TRUSTS / ESTATES
NON-UPC state · attested will = signature + 2 witnesses (84 O.S. §55) · holographic wills must be ENTIRELY handwritten AND dated (84 O.S. §54)—stricter than the UPC "material portions" rule; a partly typed or undated holograph fails · joint-industry forced share: surviving spouse may elect ONE-HALF of property acquired by the joint industry of the spouses (84 O.S. §44)—not a flat estate fraction · distinctive intestacy (84 O.S. §213) keyed to jointly- vs separately-acquired property · strong CONSTITUTIONAL homestead (Art. XII): 160 acres rural / 1 acre urban, exempt from forced sale, passes to spouse/minor children and can override a devise · mortgage/conveyance of homestead needs spousal joinder.
6. REAL PROPERTY
Notice recording act (16 O.S. §15-16)—later BFP without notice wins even without recording first · adverse possession 15 years (12 O.S. §93) · predominantly JUDICIAL foreclosure; limited power-of-sale option that the borrower can defeat by electing judicial foreclosure · deficiency fair-value limitation.
7. TORTS
Modified comparative negligence — 51% bar (23 O.S. §13): recovers if fault NOT GREATER than defendants' combined—recovers at 50%, barred at 51% · joint-and-several liability largely ABOLISHED (23 O.S. §15)—each defendant pays only its own percentage (several), narrow exceptions · $350K noneconomic cap STRUCK DOWN as unconstitutional (Beason v. I.E. Miller Services, 2019)—no general noneconomic cap · punitive damages capped/tiered by conduct (23 O.S. §9.1) · commercial dram-shop liability (Brigance v. Velvet Dove).
8. CONTRACTS / UCC
UCC adopted (12A O.S.)—Article 2, negotiable instruments, Article 9 uniform · standard Statute of Frauds (15 O.S. §136) · 5-year written / 3-year oral contract SOL · otherwise national/Restatement rules.
9. BUSINESS ENTITIES
Oklahoma General Corporation Act based on DELAWARE law (18 O.S.), not the MBCA—Delaware case law is persuasive · LLC Act · uniform partnership statutes · confirm Secretary of State formation/reporting.
10. PROFESSIONAL RESPONSIBILITY
Oklahoma RPC based on the ABA Model Rules with state variations · unified (mandatory) bar via the OBA · MPRE tests ABA Model Rules · OBA General Counsel and Oklahoma Supreme Court enforce trust-accounting/IOLTA.
11. CRIMINAL
Common-law-influenced code (21 O.S.) · death penalty retained · separate Court of Criminal Appeals is the criminal court of last resort (Supreme Court hears civil) · McGirt v. Oklahoma (2020): much of eastern Oklahoma is Indian country for major-crimes jurisdiction—check tribal/federal jurisdiction for crimes involving Native Americans · MBE tests common-law/MPC and the federal floor.
KEY FLAGS
⚑ UBE — write national law on essays · ⚑ 260 passing score (lowest tier) · ⚑ holographic will = ENTIRELY handwritten + DATED · ⚑ non-UPC: joint-industry FORCED SHARE (½ of jointly-acquired) · ⚑ constitutional homestead 160/1 acre · ⚑ notice recording act · ⚑ judicial foreclosure default · ⚑ modified 51% comparative negligence · ⚑ J&S abolished (several only) · ⚑ noneconomic cap STRUCK DOWN (Beason) · ⚑ corporate act follows Delaware · ⚑ McGirt Indian-country jurisdiction.