Oklahoma § 51-252 - Definitions

§ 51-252. Definitions

In this act:

1. “Demonstrates” means the burdens of going forward with the

evidence and of persuasion under the standard of clear and

convincing evidence are met;

2. “Exercise of religion” means the exercise of religion under

Article 1, Section 2, of the Constitution of the State of Oklahoma,

the Oklahoma Religious Freedom Act, and the First Amendment to the

Constitution of the United States;

3. “Fraudulent claim” means a claim that is dishonest in fact

or that is made principally for a patently improper purpose, such as

to harass the opposing party;

4. “Frivolous claim” means a claim which lacks merit under

existing law and which cannot be supported by a good faith argument

for the extension, modification, or reversal of existing law or the

establishment of new law;

5. “Governmental entity” means any branch, department, agency,

or instrumentality of state government, or any official or other

person acting under color of state law, or any political subdivision

of this state;

6. “Prevails” means to obtain prevailing party status as

defined by courts construing the federal Civil Rights Attorney’s

Fees Awards Act of 1976, 42 U.S.C. § 1988; and

7. “Substantially burden” means to inhibit or curtail

religiously motivated practice.

Added by Laws 2000, c. 272, § 2, eff. Nov. 1, 2000.