Law of the case

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"Law of the case" is a legal term of art that is applicable mainly in common law (Anglo-American) jurisdictions that recognize the related doctrine of stare decisis. It is of interest mainly to judges and lawyers.

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As generally used, the term law of the case designates the principle that if an appellate court has passed on a legal question and remanded the cause to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same.^[1]

Doctrine which provides that an appellate court’s determination on a legal issue is binding on both the trial court on remand and an appellate court on a subsequent appeal given the same case and substantially the same facts.^[2]

Doctrine of "law of the case" is one of policy only and will be disregarded when compelling circumstances call for a redetermination of the determination of point of law on prior appeal, and this is particularly true where intervening or contemporaneous change in law has occurred by overruling former decisions or establishment of new precedent by controlling authority.^[3]

The law-of-the-case doctrine precludes reconsideration of a previously decided issue unless one of three "exceptional circumstances" exists: (1) where substantially different evidence is raised on subsequent trial; (2) where a subsequent contrary view of the law is decided by the controlling authority; or (3) where a decision is clearly erroneous and would work a manifest injustice.^[4]

[edit] References

1. ^ Allen v. Michigan Bell Tel. Co., 232 N.W.2d 302, 303.
2. ^ Hinds v. McNair, 413 N.E.2d 586, 607.
3. ^ Ryan v. Mike-Ron Corp., 63 Cal.Rptr. 601.
4. ^ Hanover Ins. Co.,105 F.3d at 312.