Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

law of the case

Read a random definition: inconsistent

A quick definition of law of the case:

The law of the case is a rule that says when an appeals court makes a decision about a legal issue in a case, that decision must be followed by the trial court and any future appeals courts in the same case with similar facts. This helps to avoid repeating legal arguments and saves time and resources. However, if new facts are presented in a later stage of the case, the court may apply the law to those new facts. This rule is similar to the ideas of res judicata and stare decisis.

A more thorough explanation:

The "law of the case doctrine" is a legal principle that states that the decision made by an appellate court on a legal issue is binding on both the trial court and the appellate court in any subsequent retrial or appeal involving the same case and substantially the same facts. This means that the appellate court's ruling on the questions presented to it becomes the "law of the case."

The purpose of this doctrine is to promote finality and judicial efficiency by minimizing unnecessary relitigation of legal issues that have already been resolved by the appellate court. If a court has already decided a legal issue in a case, the parties cannot bring up the same issue again in a later proceeding.

For example, if a defendant appeals a conviction and the appellate court rules that the evidence was obtained illegally, the trial court must exclude that evidence in any subsequent retrial. The appellate court's decision on the legality of the evidence becomes the "law of the case."

However, if new facts are presented in a subsequent proceeding that materially affect the legal issues at hand, the court may apply the law to the new facts as they are found.

It is important to note that the law of the case doctrine only applies to issues that were decided "directly or by implication" in a prior decision. It does not apply to issues that were not addressed in the prior decision.

Other related legal principles include res judicata and stare decisis.

law of admiralty | law of the land

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
concorde
19:42
Serotonin so good
1a2b3c4d26z
19:42
top 5 of all time and it aint 4
babycat
19:43
We sharing Goodreads on here?
1a2b3c4d26z
19:43
jurassic park unironically good
1a2b3c4d26z
19:43
crime and punishment top 1
1a2b3c4d26z
19:43
im okay with being called basic for that one
2big2fail
19:44
im gatekeeping my current book
Dkk
19:44
@2big2fail: looks like an Aristotle wannabe.
2big2fail
19:44
whatever. im just reading the financial times
1a2b3c4d26z
19:44
ft goated
concorde
19:45
I hate Dostoevsky
2big2fail
19:45
studying cloud computing, not the cloud of unknowing
babycat
19:45
@1a2b3c4d26z: serotonin is my fave houellebecq
1a2b3c4d26z
19:45
chefs kiss mwah
2big2fail
19:45
i honestly dont understand why people like houellebecq
1a2b3c4d26z
19:45
I'll try to describe how I feel about him
2big2fail
19:46
my favorite french authors are balzac and proust, as basic as that is
1a2b3c4d26z
19:46
basically I read his book and the whole time I read it I liked it so I finished it and I said hm I liked that book written by the author houellebecq
1a2b3c4d26z
19:46
balzac hahaha
2big2fail
19:46
lost illusions is goated
does it take longer to hear back if u applied to scholarships for schools like ucla???
Dkk
19:47
For Houellebecq I have only read https://en.wikipedia.org/wiki/Atomised
JumpySubsequentDolphin
19:47
you guys should read averroes
also do we think ucla wont do a wave tmw cuz they did a tiny one tonight, can schools do 2 days ina. row
JumpySubsequentDolphin
19:47
perhaps read the incoherence of philosophy first and then read averroes’ response: “the incoherence of the incoherence”
2big2fail
19:47
@Dkk: i read that one. just thought it was boring and not really in touch with reality
JumpySubsequentDolphin
19:47
SPLITTY usually they’re Friday!
Dkk
19:48
@2big2fail: I agree.
HUH then what the heck is this wave tonight ab are they tryna give us an attack???
LSD+ is ad-free, with DMs, discounts, case briefs & more.