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The "law of the case" is a situation where an appellate court has made a determination on a question of law and remanded the case for retrial. If the case comes before the appellate court again after retrial, the point of law determined by the first appellate court may not be appealed again. An appellant does not get to reopen that issue just because the case is once again before an appellate court.
That point of law is now the "law of the case" and will govern the case throughout any and all further appeals that may occur.
There may be compelling circumstances where a court may permit the issue to be reopened, such as where the initial determination rested on a law later found to be unconstitutional and void.
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∙ 13y ago
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What does re-disposed mean in a court of law?
reopen case
What does the abbreviation GS mean for case type in Tennessee law?
The abbreviation GS means General Sessions Court for case type in Tennessee law.
What does case closed mean in UK law. This question has been answered - but I don't know if it relates to UK law?
Law in the United Kingdom is not much different than other countries; "Case Closed" means the case is over, under UK law.
In law what does date of disposition mean?
It generally refers to the date that the case is decided.
What does trial ineffective mean in a case of law?
"Trial ineffective" refers to situations where there are significant errors or irregularities during a trial that compromise the defendant's right to a fair trial. This could include issues such as incompetence of legal representation, biased jury selection, or improper admission of evidence, leading to the possibility of a mistrial or appeal.
What does Instituted an action mean?
In this case it means to start a court action such as a law suit.
How are laws derived from case law?
"Laws" are not derived from "case law" - DECISIONS are derived from case law.
What does pursuant to statutory law mean?
"Pursuant to statutory law" means in accordance with laws that have been formally enacted by a legislative body. It refers to following the specific regulations and requirements outlined in statutes or laws that have been passed by a governing authority.
What are The rules of law developed by judges called?
The rules of law developed by judges are called common law. Common law is derived from judicial decisions and precedent rather than statutes or regulations.
What are two types of common law?
Common law can either be case law that interprets legislative statutes, or it can be case law that is only based on principles from prior case law.
Case law refers to?
Case law refers to common law. It is a law that is made by judges through the decision of the court.
Compare statute law to case law as a way of producing good law?
Case law should be used as a means of interpreting statutory law. Statutory law is held higher than case law. Case law can be overturned in the process of interpreting and applying statutory law, but statutory law cannot be overturned, only amended. If analyzing law, see statutes first, and apply case law second as a means of defining the statute.
