September 18, 2008

Hi Team:

Here are the topics we will discuss at our Thursday meeting on 9/18/08.

1. The American legal system, including citizen participation.
2. The role of the judicial branch of government, including checks and balances.
3. The concept of equal justice for all.
4. Basic court procedures.
5. Professional responsibilities and ethical obligations of attorneys.
6. Legal issues in Civil and Criminal Law.

Please take time to prepare for our Thursday meeting so that each of you can contribute to the discussion and the understanding of the topics above.  I will see you at 2:30 on Thursday.

Coach Bain

Hi Team:

Here is a little background information on your attorney/coach.  

I first participated on the debate team in high school in Texas.  I went to David Lipscomb College in Nashville, TN and majored in speech and Bible. My team placed second at the national college debate tournament in Houston.  While in 
graduate school at Miami University (Ohio) I served as the college debate coach.  I then moved to Austin, Texas to attend
law school at the University of Texas (consistently among the top 5 in US law schools) and participated in the mock trial competition.  I have participated in approximately one thousand trials and hearings since being licensed to practice law in 1974.

I am working on a list of discussion topics for the meeting this Thursday and will post those topics by the end of the day tomorrow.

M. Dewey Bain

Attorney-at-Law

Direct versus Cross Examination

DIRECT: The direct always happens first in a trial.

You aren't quite trying to prove a point, but you need to show the strengths and weaknesses while emphasizing the positives.

This is like a conversation between two people, it should flow. The lawyer and the witness need to work together to create the direct.

Make sure you ask NONLEADING questions [these are broad and general]

Witnesses need to use the opportunity to "become" their character because you'll be explaining things a lot.

CROSS: The cross usually comes second in a trial

Make sure that you write your cross ahead of time, your questions should change only slightly depending on the answers your witness gives.

Only ask LEADING questions [yes or no questions, these are very specific and usually they include a fact and a confirmation]

If your direct witness is being crossed, you are his or her "protection", listen for questions you can object to.

Witness, don't be so tense. The cross examination is not an attack on you, think quickly and answer carefully.


[this is the list of pairs and the witnesses they worked with:

• Thomas and Sheena: Dr. Pat Carroll
• Christina and Jennifer: Jan Martinez
• Justin and Shayna: Dale Reynolds
• Marc and Evan: Nickie Loo
• Kimberly and Hannah: Dr. Pat Carroll]

Also, you can download/view the case materials from the links on the right column [the one that says links...]


-Sheena P