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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - law of the case
A good lawyer knows the law; a great lawyer knows the judge.
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Definition of law of the case
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.
If we desire respect for the law, we must first make the law respectable.
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Simple Definition
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.
It is better to risk saving a guilty man than to condemn an innocent one.
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