Legal Definition and Related Resources of Law Of The Case
Meaning of Law Of The Case
where an appellate court has passed on a legal question in a case and remanded same 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. This is so even if the original decision of the appellate court on the legal question was wrong and that determination will remain the law of the case through all of its subsequent stages and must be adhered to. However, that decision, where it is wrong, need not be followed in other cases as a precedent . See Allen v Bryant, 155 Cal. 256, 100 P. 704. The doctrine is sometimes said to be a kindred rule of the doctrine of res judicata. See United States v United States Smelting, Refining and mining Co., 339 U.S. 186, 70 S.Ct.537, 94 L. Ed. 750. This doctrine also does not apply where the law had been determined by an intermediate appellate court and the cause reaches a higher appellate court. See Davis v O’Hara, 266 U.S. 314, 45 S.Ct. 104, 69 L. Ed. 303. Also see Southern R. Co. v Clift, 260 U.S. 316, 43 S. Ct. 126, 67 L.Ed. 283.
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