  
 Delegation Resource Manual: Judicial Manual
Page 109
YMCA PA Youth & Government Program
Justices
As a justice in the Superior Court and Supreme Court, you are expected to be knowledgeable of the
case, including the facts, the issues, and the relevant case law. You are also expected to be fair and
impartial to the parties, and fulfill your duties as a justice in a dignified, professional manner.
(a)
Bench Brief:
You will be required to file a “bench brief” by the same deadline as the attorney briefs. The
brief must be less than three typed pages, and contain the following:
(1)
A summary of the relevant facts
(2)
The issues and applicable case law
(3)
5 important questions that you may pose to the Appellants; and
(4)
5 important questions that you may pose to the Respondents.
(b)
Requirements and Pointers:
Questions to the attorneys are appropriate for seeking clarification of their arguments. It
is extremely improper to be harassing or disrespectful to the attorneys. While you are
permitted to interrupt the attorney’s presentation to ask a question, common courtesy
and decency mandates that questions be asked in a respectful, dignified manner.
As a judge, you are expected and required to be fair and impartial. While you may
personally believe that one side’s position has more merit, it is improper to make
statements that give the appearance of impartiality to one of the parties.
You may be permitted to give a brief critique to the attorneys after the round.
However, please keep your comments brief. You may discuss the strengths and
weaknesses of the parties’ arguments, but should refrain from giving “legal advice” or
your own opinions on how they should be presenting their cases.
You should make an extra copy of your bench brief for your own personal reference
during the competition. You are permitted to share your bench brief with the other
justices, but are not permitted to allow any of the attorney teams to view the bench
briefs.
Judicial Review
In 1800 the Federalists and their candidate, President John Adams, lost the election to
Thomas Jefferson. Early in 1801 the lame-duck Federalist Congress enacted a controversial
Judiciary Act that created 58 new judgeships, including 42 justiceships of the peace, for Adams to
appoint. Jefferson complained that the Federalists "have retired into the judiciary as a stronghold."
On the night March 3, 1801, John Marshall, acting as secretary of state, affixed the official seal to the
commissions for the justices of the peace. He did not, however, deliver the commissions. The next
day, after Thomas Jefferson was inaugurated, he directed the new secretary of state, James Madison,
to withhold delivery of 17 of the 42 commissions, including that of William Marbury. William
Marbury sued for a writ of mandamus to require Madison to hand over his commission.
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