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It depends. If the touch screen works, but isn't clicking where you want it to, then you need to calibrate it. You can do this on the Settings. If the touchscreen is not responding at all, then sorry, you need a new Nintendo DS.
The lower screen is a touch sensitive screen.
You can try buffing the scratches out, though you can always get a screen cover for your DS.
Nintendo - Dual Screen
you put a game pak in the back of the system and you will be able to play with touch sensitive screen.