?What is a case of first impression? What factors may a court consider when deciding a case of first impression?
What will be an ideal response?
?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 the case. Judges try to be free of personal bias in deciding cases. Each judge, however, has a unique personality, set of values or philosophical leanings, and intellectual attributes-all of which necessarily frame the decision-making process.
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Which of the following is the best illustration of last clear chance?
A. Monica runs a drill press. She wears long-sleeved shirts and gets one sleeve caught on the drill bit. As a result, her arm is badly lacerated. B. Tyra is a bank employee responsible for verifying check signatures against signature cards. She fails to verify the signature on one of Ben’s checks, which had been stolen and bore his forged signature. The bank cashes the check and charges Ben’s account. C. Austin is a chemist. While mixing chemicals, he combines a rare potassium isotope with water, causing an explosion that destroys the laboratory. D. Manny is a door-to-door salesperson. He approaches Jackson’s house, which has a defective porch roof. Jackson was aware of this danger. Manny sees the roof sagging but continues onto the porch. The roof collapses, injuring Manny.
Truth is not a defense against public disclosure of private facts.
Answer the following statement true (T) or false (F)
A health care proxy does not take effect until or unless the principal becomes unable to make his or her own medical decisions
a. True b. False
________ was the first to formally abolish the debtors' prisons in 1831 with others eventually following its lead
A) New Jersey B) Vermont C) Massachusetts D) New York