1. “Interpreting” the law
Judicial Branch
“It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other; the courts must decide on the operation of each”
“Interpreting” the law

2. Does the structure of the federal court system allow it to administer justice fairly?
Essential Question

3. Types of Federal Courts
Inferior Courts = lower federal courts beneath the Supreme Court

4. Jurisdiction
The authority of a court to hear (to try and decide) a case
Federal courts hear cases for two reasons:
Subject Matter
Application of the U.S. Constitution
Parties Involved
State v. State
Citizen v. State

5. Types of Jurisdiction Exclusive Jurisdiction
Those cases that can only be heard in the federal courts
Concurrent Jurisdiction
States and Federal Courts share power to hear cases
Original Jurisdiction
A court in which a case is first heard
Appellate Jurisdiction
A court that hears a case on appeal from a lower court

7. Federal Court Circuits and Districts

8. Power is split between the Federal government and state governments.
Define Federalism
Power is split between the Federal government and state governments.
Applying federalism to court jurisdiction
All cases not heard by Federal Courts are in the jurisdiction of State Courts…

9. ‘Dual Court System’ Supreme Court
State Courts
Inferior (lower) Federal Courts
Lowest Level
Example: Bucks County Courthouse
Appeals
Example: PA Court of Appeals
State Supreme Court
Example: PA Supreme Court

10. What does the word “Supreme” mean?
Highest rank and authority; ultimate, final
Why do you think it might be important to have a “Supreme” Court?

11. Supreme Court Justices
Chief Justice and eight associate judges
Nominated and appointed by President, with Senate approval.
Concepts of judicial activism and judicial restrain affect the judicial selection process
Supreme Court Justices
President nominates and appoints with approval of Congress
Concepts of judicial activism and judicial restraint affect the judicial selection process

13. Appointed for a life term …rationale?
Maintain their neutrality
Protect the rights of people to express unpopular views
Promote consistent interpretations of laws

14. Supreme Court Justices
Supreme Court Justices can retire:
At age 70
Must have served 10 years to receive full salary for life
At age 65
Must have served 15 years to receive full salary for life
Current (2009) salary for the Chief Justice is $217,400 per year, while the Associate Justices each make $208,100
$217,400 per year
Chief Justice
Associate Justices
$208,100

15. Supreme Court Justices
Vary in their political and legal philosophies...
Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values.
Judicial Restraint Follow a strict interpretation of the Constitution
Believe judges should also follow precedent
Judicial Restraint
Follow a strict interpretation of the Constitution
Believe judges should also follow precedent
Judicial Activism
Loosely interpret the Constitution
Argue law should be interpreted and applied in the light of ongoing changes in conditions and values
Results in the expansion of judicial powers

16. Recap How a Judge Decides…
FACTS
OF THE CASE
PRECEDENT
RELEVANT
CONSTITUTION
TEXT OF THE
Philosophy
JUDICIAL

17. Original jurisdiction exists when:
Supreme Court
Both original and appellate jurisdiction
Most cases come on appeal from the lower courts.
Marbury v. Madison
Supreme court case that established power of judicial review
Original jurisdiction exists when:
There are controversies involved 2+ states
The case involves ambassadors or other public ministers

18. They have the POWER to declare acts and laws unconstitutional
Judicial Review
Supreme Court has the power to decide the constitutionality of:
State and federal legislation
Actions of chief executives
Decisions of other courts
In other words, the Supreme Court has the final authority on the meaning of the Constitution
They have the POWER to declare acts and laws unconstitutional

19. How a Case Reaches the Supreme Court
*Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.