What is a case of first impression? What factors may a court consider when deciding a case of first impression?
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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 attributesâ€"all of which necessarily frame the decision-making process.
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What will be an ideal response?