Defenses and Affirmative Defenses
Procedural Defenses
The doctrine bars relitigation of issues already decided in the same action, whether by the same court or on appeal. It is discretionary rather than jurisdictional, and exceptions exist for clearly erroneous rulings and intervening authority.
It differs from preclusion doctrines applying across cases.
Alternative Names:
Law of the Case Doctrine, Prior Ruling Doctrine
Why it Matters?
The discretionary nature is what distinguishes this from res judicata, since a court may revisit its own ruling where circumstances warrant, particularly before final judgment. That makes reconsideration possible but not likely, and the exceptions requiring intervening authority or clear error are narrow. Appellate rulings bind more firmly than a trial court's own prior decisions.
Frequently Confused with
Related terms
Frequently asked questions
Is law of the case binding?
What exceptions apply?
