Program Area - Model Court:

Justices and Attorneys Supreme Court Chambers Sacramento, California

The Court Program of Youth & Government mimics the Judicial branch of the California State Government. The program begins with the lowest branch of the State Courts; the Superior and Municipal Branches. Most disputes between parties begin at this level. In other words, any criminal matter (violation of the penal code) or any civil matter (generally dealing with money or injunctive relief) is usually prosecuted first at this level. At the conclusion of a Superior/Municipal Court action, the Judge (in a bench trial) or a Jury (in a jury trial) renders a decision.

Once a decision is rendered at the Superior/Municipal Court level, the litigants may disagree with the Superior/Municipal court's ruling regarding an issue of law (issues of fact are not appealable). The disagreeing party may then file an "appeal" with the California Appellate Courts which is the next step up in the Judicial Branch. Here, the Appellate Courts review issues of law raised by the aggrieved party arising out of the Superior/Municipal Court action. At this level, the Appellate Courts may either decide that the Superior/Municipal Court rightfully decided issues of law and "affirm" the ruling or they may decide that the Superior/Municipal Court erred in its decision and "remand" the matter back to the Superior/Municipal Court.

If an aggrieved party at the Appellate level is not satisfied with the Appellate Court's ruling regarding an issue of law, that party may then appeal their case to the highest court in the State of California, the esteemed California Supreme Court. The California Supreme Court decides issues similar to that of the Appellate Court. Its decisions, once reached, are final.

Trial Court

The Trial Court Section of the YMCA Model Youth and Government gives delegates a chance to feel what it's like to actually be in a court room trying a case in front of a judge. The process begins at T&E II, where delegates with the honor of participating in the trial court program develop their skills as litigators by participating in interactive games oriented towards public speaking, learning about the process of a court trial, and discovering the secrets of arguing a position in court.

Supreme Court Building Sacramento, California

The experience continues in Sacramento where all delegates are taken through an intense course in trial techniques and are taught the basics of trial advocacy such as opening statements, closing statements, direct examinations, cross examinations, and court room evidence. The students are then assigned a role as plaintiff/prosecutor or defense and then given one of three cases (two criminal cases and one civil case) to work up to trial. The program culminates in the halls of the Sacramento County Superior Court where each delegate has their day in "court." There, each delegate has the opportunity to advocate his client's position to a judge pro-tem.

Returning delegates to the Trial Court Program who are versed in the basics of mock trial court experience will be taken through a more intense and advanced course utilizing the skills they have already learned. Specifically, rather than learn the basics to an opening, closing, direct and cross, these students will start off by developing their knowledge of court room evidence, arguing motions in limine , and learning techniques often used by attorneys in and out of the courtroom. There may be sessions implemented to negotiate settlement, perform case management and prepare and respond to discovery.

Jury Trial

Delegates must apply to be a part of the Jury Trail program. Selected applicants will have the opportunity to try their case, give opening statements, and cross examine witnesses, in front of a jury of their peers.

Appellate Court

The Appellate Court is where the party that lost at the trial court level goes to appeal their loss. An appeal to an Appellate Court is not to re-hear or re-decide the facts of the case as already determined by a judge and/or jury in the trial court such as whether the defendant violated the law. Rather, the Appellate Court decides "matters of law." For example, an Appellate Court might decide whether the law passed by the Legislature appropriately applies to a specific person or factual situation, or whether a law is constitutional. There's no jury or witnesses, just the attorneys and justices.

In the Y&G Appellate Court, delegates serve as either a justice or an attorney. During the Appellate Court proceedings the attorneys present an oral argument to a panel of justices who hear the case and then draft one or several opinions to decide the case.

Typically five justices, wearing the black judicial robes, serve together on a panel. The attorneys work in pairs, two for the "appellant" (i.e., the party who lost at the trial court level and who brought the appeal to the Appellate Court) and two for the "respondent" (i.e., the party who won at the trial court level and who is defending against the appeal brought by the appellant). Each attorney will present their oral argument to the justices who question the attorney and pose hypothetical scenarios for the attorney to grapple with. Following the oral argument, the justices work together to draft opinions. A "majority opinion" explains who won the case and the legal reasoning for that decision. One or more justices may also write concurring or dissenting opinions. Concurring opinions agree with the outcome of the case, but for different reasons than those stated in the majority opinion. Dissenting opinions disagree with the outcome of the case.

The attorneys and justices prepare for the oral argument, in part, by reading opinions of state courts, statutes and other materials provided to them. No outside legal research is conducted or allowed. Delegates learn to read court opinions and statutes, oral advocacy skills, proper courtroom decorum and terminology, legal reasoning, judicial temperament and opinion writing.

In the Y&G Appellate Court the volunteer staff (who are attorneys or law students) actively encourage full participation, cooperation and teamwork by the delegates. Delegates do not need to know anything about courts or law to be in the Appellate Court. However, delegates must be prepared to work diligently during T&E II and the Sacramento conferences in order to be prepared for the oral argument. The oral argument is a confidence-building success for all of the delegates when each has worked hard to be prepared for the challenge.

Supreme Court

The Supreme Court program in YMCA Youth & Government also offers a detailed and challenging appellate experience. Participation in this program is by selection only. Applications can be found in the Forms section. Applicants to program are interviewed and selected at T & E II, and can act as either an attorney or a justice.

Supreme Court members are given two cases involving complicated constitutional issues. Included with the cases are several "precedent" cases (real case opinions written by other courts) whose arguments they apply to their cases.

The attorneys and justices work together to review and discuss the cases with staff attorneys, and then work separately to develop their oral arguments (for the attorneys) and questions (for the justices).

The court hearings are held over two days in the California Supreme Court chambers. Attorneys make their oral arguments while being peppered with questions from the court. The justices then retire to write their opinions.

Delegates who have had experience in the Y & G court program or have been involved in school moot court or forensic programs, or who are really interested in the law will find the Supreme Court an outstanding experience.

Judicial Review Program

In Youth and Government, the Judicial Review program is a hybrid of the Appellate and Supreme Court programs with a more real-life component. The eight Judicial Review attorneys and justices are selected by an application and interview process. Applications are located in the Forms section. Judicial Review participants are given a case in which one party is appealing a lower court decision and is questioning the constitutionality of the laws being applied.

The program then takes on a new component not found in other aspects of the Y & G court program. The delegates are not provided with materials other than the case, but rather are given a crash course in legal research. They arrive a day early in Sacramento where they proceed to the county courthouse law library to find laws and cases that support their respective positions. Delegates are given the opportunity to explore the vast resources available and used by attorneys on a daily basis. The attorneys will "brief' (study and outline) the cases to develop their oral arguments. The attorneys argue their respective positions before the justices in the California Supreme Court chambers. The justices question the attorneys during their oral arguments, and then meet to write their decisions.

^ top ^