Delegation Resource Manual: Judicial Manual
Page 101
YMCA PA Youth & Government Program
CHAPTER 11: The Judicial Program
Welcome to the appeals competition for the YMCA Pennsylvania Youth & Government program!
These instructions also provide a brief overview of the nature of appeals, and provide some research
pointers. Please review the qualifications of Judicial Positions on page 70.
Nature of Appeals
The appeal process is an integral part of our legal system. When parties lose at trial, they are
entitled to pursue an appeal in order to obtain a new trial, or to have the decision reversed and
decided in their favor.
In Pennsylvania, an appeal could go to either the Superior Court or Commonwealth Court before
reaching the Pennsylvania Supreme Court. If a party is unsatisfied with the ruling of one of the two
lower level courts of appeals, they may then attempt to appeal the case to either the Pennsylvania
Supreme Court.
The federal government also has its own court system. Trials are conducted in the “district courts,”
and appeals go to the Court of Appeal for the particular region or “circuit” in which the district
court is located. For example, appeals from U.S. district courts in Pennsylvania proceed to the
Third Circuit Court of Appeals. If the parties are unsatisfied with the decision of the Court of
Appeals, they may attempt to have the United States Supreme Court hear the case.
The Superior Court, Commonwealth Court, Circuit Court of Appeals, and Supreme Court (PA and
US) are generally referred to as “appellate courts,” as opposed to the trial courts in which trials are
held. A person who files the appeal to the appellate court is the “appellant,” while the other party
(usually the party who prevailed at trial) is the “respondent.”
In an appeal, parties are initially required to file briefs setting forth their arguments and authorities.
After the briefs are filed, the parties then present “oral arguments” to the appellate court. In this
respect, proceedings in appellate courts sharply differ from trial proceedings: the parties do not
bring witnesses to testify or attempt to offer documents into evidence. Instead, the attorneys for
the parties make oral presentations to the appeals court detailing the reasons why their respective
clients should prevail. The judges or justices of the appellate court may interrupt the attorneys at
any point and ask questions about their arguments. At some point after the oral arguments, the
appellate court will issue its decision, usually accompanied by a written opinion setting forth its
analysis on the issues. If a particular judge or justice disagrees with the holding of the Court, he or
she may file a “dissenting opinion.”
Briefs
Prior to the beginning of the competition, you and your partner will be required to submit a brief for
your side (either the appellant or respondent). A sample brief can be found online.
While you are strongly encouraged to seek the assistance of attorneys or adults to assist in the
preparation of your briefs, the actual writing must be done by you and your partner. Your starting point
should be the cases provided to you from the State YMCA office; however teams are strongly
