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

Does the structure of the federal court system

allow it to administer justice fairly?Essential Question

Types of Federal Courts

Inferior Courts = lower federal courts beneath the Supreme Court

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

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

Federal Court Circuits and Districts

Applying federalism to court jurisdiction

All cases not heard by Federal Courts are in the jurisdiction of State Courts…

Define FederalismPower is split between the Federal government and state governments.

‘Dual Court System’Supreme Court

State Courts

Inferior (lower) Federal Courts

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?

Supreme Court JusticesChief 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

Appointed for a life term…rationale?

Maintain their neutrality

Protect the rights of people to express unpopular views

Promote consistent interpretations of laws

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 lifeChief

Justice

$217,400 per year

Associate Justices

$208,100

Supreme Court Justices Vary in their political and legal

philosophies...

Judicial Activism

Loosely interpre

t and appl

y the Constitution based on

ongoing change

s and values.

Judicial Restraint

Follow a stric

t interpretation of the ConstitutionBelieve judges should also follo

w precedent

RecapHow a Judge Decides…

FACTSOF THE CASE

PRECEDENTRELEVANT

CONSTITUTIONTEXT OF THE

PHILOSOPHYJUDICIAL

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:1. There are controversies involved 2+ states

2. The case involves ambassadors or other public ministers

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

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.