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 19 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 :)


emsimon14

  • Member
  • Posts: 344
Reply 3 on: Yesterday
YES! Correct, THANKS for helping me on my review

 

Did you know?

There are immediate benefits of chiropractic adjustments that are visible via magnetic resonance imaging (MRI). It shows that spinal manipulation therapy is effective in decreasing pain and increasing the gaps between the vertebrae, reducing pressure that leads to pain.

Did you know?

Pregnant women usually experience a heightened sense of smell beginning late in the first trimester. Some experts call this the body's way of protecting a pregnant woman from foods that are unsafe for the fetus.

Did you know?

Your skin wrinkles if you stay in the bathtub a long time because the outermost layer of skin (which consists of dead keratin) swells when it absorbs water. It is tightly attached to the skin below it, so it compensates for the increased area by wrinkling. This happens to the hands and feet because they have the thickest layer of dead keratin cells.

Did you know?

The modern decimal position system was the invention of the Hindus (around 800 AD), involving the placing of numerals to indicate their value (units, tens, hundreds, and so on).

Did you know?

Though “Krazy Glue” or “Super Glue” has the ability to seal small wounds, it is not recommended for this purpose since it contains many substances that should not enter the body through the skin, and may be harmful.

For a complete list of videos, visit our video library