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Question 1
Marla sued Toby for breach of contract under the laws of the state of Texarkana. Contract laws under this jurisdiction establish that the plaintiff has the burden of proving that there was an offer to enter into a contractual agreement, that the parties understood the nature of the agreement and accepted the terms of the agreement, and that the parties signed a written and legally binding document to establish that a contract was formed. During trial, Marla's attorney provided documentation of the negotiations, the testimony of Marla's secretary who witnessed the negotiations, and the original written and signed contract. At the close of the introduction of evidence to the court, which of the following motions may the defendant's attorney make?
Correct The moving party would file a motion for summary judgment on the grounds that no genuine issue of material fact exists at the conclusion of the trial regardless of quality or sufficiency of evidence presented. Answer (b) is incorrect may not be filed until the conclusion of the trial. Answer (c) is a misstatement of law. Answer (d) is the improper answer because it is waived once the pleadings are filed and it is not pled.
Incorrect! The moving party would file a motion for summary judgment on the grounds that no genuine issue of material fact exists at the conclusion of the trial regardless of quality or sufficiency of evidence presented. Answer (b) is incorrect may not be filed until the conclusion of the trial. Answer (c) is a misstatement of law. Answer (d) is the improper answer because it is waived once the pleadings are filed and it is not pled.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
During his closing statement, Alex, attorney for the defendant, begins arguing that the law does not support the plaintiff's position and that the plaintiff has no case. The plaintiff's attorney objects to the closing statement on the grounds that it is improper. In his response that the closing statement was proper, the Judge explains the purpose of a closing statement. Which of the following purposes is not proper and, therefore, excluded from the Judge's explanation?
Correct
Incorrect!
Correct This answer is not a valid purpose for a closing argument. The other three answers highlight some of the purposes and principles of closing arguments.
Incorrect! This answer is not a valid purpose for a closing argument. The other three answers highlight some of the purposes and principles of closing arguments.
Correct
Incorrect!
Correct
Incorrect!
Question 3
The purpose of jury instructions in most jurisdictions is to:
Correct The purpose of jury instructions is to allow the judge to present the jurors with the relevant law. The instructions may be reviewed during the jury's deliberation while they are considering the facts presented to them.
Incorrect! The purpose of jury instructions is to allow the judge to present the jurors with the relevant law. The instructions may be reviewed during the jury's deliberation while they are considering the facts presented to them.