Page "Federal jurisdiction (United States)" Paragraph 8

Generally, when a case has successfully overcome the hurdles of standing, Case or Controversy and State Action, it will be heard by a trial court.

The non-governmental party may raise claims or defenses relating to alleged constitutional violation ( s ) by the government.

If the non-governmental party loses, the constitutional issue may form part of the appeal.

Eventually, a petition for certiorari may be sent to the Supreme Court.

If the Supreme Court grants certiorari and accepts the case, it will receive written briefs from each side ( and any amici curiae or friends of the court — usually interested third parties with some expertise to bear on the subject ) and schedule oral arguments.

The Justices will closely question both parties.

When the Court renders its decision, it will generally do so in a single majority opinion and one or more dissenting opinions.

Each opinion sets forth the facts, prior decisions, and legal reasoning behind the position taken.

The majority opinion constitutes binding precedent on all lower courts ; when faced with very similar facts, they are bound to apply the same reasoning or face reversal of their decision by a higher court.