Asked by Alseny Sylla on May 21, 2024

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What is a case of first impression? What factors may a court consider when deciding a case of first impression?

Case of First Impression

A legal case that presents a court with an issue or question that has not previously been decided by that court’s jurisdiction, requiring new legal analysis.

  • Familiarize oneself with the foundational sources and powers underpinning laws, which include constitutional, statutory, and case-based law.
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Swaroop NandagiriMay 26, 2024
Final Answer :
A case of first impression is a case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction. When deciding a case of first impression, or when there are conflicting precedents, courts may consider a number of factors, including legal principles and policies underlying previous court decisions or existing statutes, fairness, social values and customs, public policy (a governmental policy based on widely held societal values), and data and concepts drawn from the social sciences. Which of these sources is chosen or receives the greatest emphasis will depend on the nature of the case being considered and the particular judge hearing