Question

How do the justices decide the merits of a case?

Answer 1

Courtroom/Classroom Simulations: Modifications of Procedure

Justices, typically, ask questions throughout each presentation.  However, in courtroom or classroom simulations, to put student attorneys at ease, student Justices do not ask questions for the first two minutes of each side's argument.  When the student Marshal holds up a five-minute warning card, the student attorney at the podium should conclude his/her argument and be ready to end when the Marshal holds up the STOP card.

Before leaving the podium after making the initial presentation, counsel for the petitioner may reserve some time for rebuttal after the respondent's counsel has presented.  The petitioner — not the Court — is responsible for keeping track of the time remaining for rebuttal.  In typical program simulations, more than one student attorney argues each side.  In that instance, they should inform the student Marshal before the court session begins how they wish to divide their time.  Usually, the first student attorney to speak also handles the rebuttal.