law of the case

The principle that instructions given by the court to the jury during the trial of a case, become, for the time being, the law of the case, binding upon the jury, court and counsel. 53 Am J1lst Trial § 492. A rule kindred to the doctrine of res judicata. United States v United States Smelting, Refining & Mining Co. 339 US 186, 94 L Ed 750, 70 S Ct 537, reh den 339 US 972, 94 L Ed 1379, 70 S Ct 994. The principle that a decision of the appellate court, unless properly set aside is controlling at all subsequent stages of the litigation, including the rule that on remand the trial court must strictly follow the mandate of the appellate court. 5 Am J2d A & E § 744. Also inclusive of the principle that if an appellate court has passed on a legal question and has remanded the cause to the court below for further proceedings, the legal questions thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case. Todd v State, 229 Ind 664, 101 NE2d 45 (concurring opinion). The rule that the final judgment of a court on an appeal from the action taken by an administrative agency governs the agency in all further proceedings in the case. Federal Power Com. v Pacific Power & Light Co. 307 US 156, 83 L Ed 1180, 59 S Ct 766; State ex rel. Spurck v Civil Service Board, 226 Minn 240, 32 NW2d 574.