The Law and You
by Duncan Lee, Esq

Anyone who knows me knows that this time of year, I have one subject on my mind-the New York State Bar Association's high school mock trial competition.
I've been a coach, an attorney advisor and a judge and I can't tell you how much I enjoy working with these teens.

Every year, the State bar association churns out a very realistic case for students to try. The case is often based on real-life situations which have been in the news or which real attorneys might encounter. In the past, students have dealt with sexual harassment in the workplace, drug sales, sick building syndrome, parental kidnaping and manslaughter. Students try their cases before actual judges in actual courtrooms.

The 2008 fact pattern involves a plaintiff, Ryan Strongarm, who is in training for the 2008 Olympics. While out for a midnight run in the imaginary town of Lyden, New York, Strongarm is hit by a car and suffers a broken leg. There are no witnesses to the accident and Strongarm herself could not describe the car that hit her. On the same night, Chris Rocket, the defendant, was driving home from a school party where the punch she drank may have been spiked. Rocket also went to an after-party at a local park where liquor was present. That after-party was broken up when a park ranger showed up and Rocket sped out of the park. As Rocket made her way home she claims that a deer ran out toward her car and she swerved to avoid it. While swerving, Rocket hit something but could not see what it was. She assumed it was another deer. Claiming it was not safe to stop, Rocket continued home and went to bed. Rocket's neighbors happened to be on that same road fixing a flat tire when they claimed to have seen a speeding car go by. The description they provided allowed police to track the car to Rocket, who was arrested for leaving the scene of the accident. Those charges were dropped but now Strongarm, the Olympian, is suing Rocket for negligence.

As you can tell, these cases are complex and challenging. Students must learn and be able to articulate sophisticated points of the law which apply to the case and they must convince an experienced judge that their arguments are correct. Each team consists of three student attorneys and three witnesses. Each witness is provided with an affidavit and may not invent facts not contained in that affidavit. Each team makes an opening statement. Then each attorney must do a direct examination of her own witness and a cross examination of a witness on the opposing side. Then one attorney on each side makes a closing argument. Just in case the students aren't challenged enough, they are required to argue both sides of the case. This means that Spring Valley High might represent the Plaintiff when taking on Nyack High and then turn around and represent the Defendant when competing against Albertus Magnus. Students learn that there are at least two sides to every argument; they learn about the law and they learn about legal ethics and civility.

I have been fortunate enough to serve as attorney advisor for Nyack High's team which, so far this year, is undefeated. Kevin Sullivan, a Nyack social studies teacher, is the coach and the team members are Nyack High students Ken Alter, Morgan Ambler, Sebastian Baere, Suzanna Buck, Pat Busch, Benny Carriel, Tim Enright, Stephanie Fox, Allana Gauzza, Tamar MacCallan-Finkelman, Miranda Means, Nimu Sidhu and Tamara Theodote. Nyack has a winning football team, drama group and mock trial team. There is much of which it can be proud.

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Saturday mornings at 9 or at WRCR.Com on your computer.

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