Monday, January 2, 2012

Law of the Case

Law of the Case, which is "the opinion delivered on a former appeal" is applied to an established rule that an appellate court passes on a question and remands the case to the lower court for further proceeding, the question there settled becomes the law of the case upon subsequent appeal. It means that whatever is once irrevocably established as the controlling legal rule or decision between the same parties in the same case continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before the court.

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