This topic contains a solution. Click here to go to the answer

Author Question: What is a case of first impression? What factors may a court consider when deciding a case of first ... (Read 68 times)

crobinson2013

  • Hero Member
  • *****
  • Posts: 535
What is a case of first impression? What factors may a court consider when deciding a case of first impression?
 
  ?

Question 2

Explain primary and secondary sources of law and provide some examples of each.
 
  ?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

shewald78

  • Sr. Member
  • ****
  • Posts: 340
Answer to Question 1

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 attributesall of which necessarily frame the decision-making process.

Answer to Question 2

A primary source of law is a document that establishes the law on a particular issue. Primary sources of law include the following:

Case law and common law doctrines.
The U.S. Constitution and the constitutions of the various states.
Statutory law, including laws passed by Congress, state legislatures, and
local governing bodies.
Regulations created by administrative agencies.
A secondary source of law is any publication that indexes, summarizes, or interprets the law. Secondary sources of law include legal encyclopedias, treatises, articles in law reviews, and compilations of law, such as the Restatements of the Law.




crobinson2013

  • Member
  • Posts: 535
Reply 2 on: Aug 3, 2018
Great answer, keep it coming :)


carojassy25

  • Member
  • Posts: 299
Reply 3 on: Yesterday
Excellent

 

Did you know?

The term bacteria was devised in the 19th century by German biologist Ferdinand Cohn. He based it on the Greek word "bakterion" meaning a small rod or staff. Cohn is considered to be the father of modern bacteriology.

Did you know?

When Gabriel Fahrenheit invented the first mercury thermometer, he called "zero degrees" the lowest temperature he was able to attain with a mixture of ice and salt. For the upper point of his scale, he used 96°, which he measured as normal human body temperature (we know it to be 98.6° today because of more accurate thermometers).

Did you know?

The most dangerous mercury compound, dimethyl mercury, is so toxic that even a few microliters spilled on the skin can cause death. Mercury has been shown to accumulate in higher amounts in the following types of fish than other types: swordfish, shark, mackerel, tilefish, crab, and tuna.

Did you know?

The horizontal fraction bar was introduced by the Arabs.

Did you know?

Certain rare plants containing cyanide include apricot pits and a type of potato called cassava. Fortunately, only chronic or massive ingestion of any of these plants can lead to serious poisoning.

For a complete list of videos, visit our video library