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?

Motion for summary judgment on the grounds that no genuine issue of material fact exists.
Motion for a new trial.
Motion to overrule the introduction of witness testimony.
Motion to dismiss for lack of personal jurisdiction.

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 an opening statement. Which of the following purposes is not proper and, therefore, excluded from the Judge’s explanation?

To summarize the evidence.
To attack the opposing party’s arguments, regardless of whether there is a factual basis for the attacks.
To point out the discrepancies in the other party’s evidence.
To argue how the judge or jury should interpret the law.

The purpose of jury instructions in most jurisdictions is to:

Provide the members of the jury with instructions on how to determine the relevant elements of law they must consider during their deliberations.
Provide the members of the jury with instructions on how to interpret various pieces of factual evidence presented to them during trial.
Provide the members of the jury with instructions on how to interpret objections made by attorneys during the trial.
Provide the members of the jury with instructions on how to weigh factual evidence.