First impression (law)
Encyclopedia
First impression is a legal case
in which there is no binding authority on the matter presented. Such a case can set forth a completely original issue of law for decision by the courts. A first impression case may be a first impression in only a particular jurisdiction
. In that situation, courts will look to holdings of other jurisdictions for persuasive authority.
In the latter meaning, the case in question cannot be decided through referring to and/or relying on precedent
. Since the legal issue under consideration has never been decided by an appeals court and, therefore, there is no precedent for the court to follow, the court uses analogies from prior rulings by appeals courts, refer to commentaries and articles by legal scholars, and, of course, its own logic. In cases of first impression, the trial judge will often ask both sides' attorneys for legal briefs.
In some situations, a case of first impression may exist in a jurisdiction until a reported appellate court
decision is rendered.
for the United States Supreme Court, Senator Jon Kyl
, argued that the New Haven, Conn., firefighter case that Sotomayor and her appeals court colleagues dismissed was a "case of first impression," meaning that Sotomayor could not have been following precedent, as she has argued.
In United States v. LaFleur, 971 F.2nd 200, the Ninth Circuit
was confronted with the issue of whether or not "duress" is a valid defense to murder under 18 U.S.C, 1111(a), such as that mitigates murder to manslaughter
. The court declared "This is an issue of first impression, and our review is de novo
."
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
in which there is no binding authority on the matter presented. Such a case can set forth a completely original issue of law for decision by the courts. A first impression case may be a first impression in only a particular jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. In that situation, courts will look to holdings of other jurisdictions for persuasive authority.
In the latter meaning, the case in question cannot be decided through referring to and/or relying on precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
. Since the legal issue under consideration has never been decided by an appeals court and, therefore, there is no precedent for the court to follow, the court uses analogies from prior rulings by appeals courts, refer to commentaries and articles by legal scholars, and, of course, its own logic. In cases of first impression, the trial judge will often ask both sides' attorneys for legal briefs.
In some situations, a case of first impression may exist in a jurisdiction until a reported appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
decision is rendered.
Notable invocations
In the 2009 confirmation hearings of Sonia SotomayorSonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
for the United States Supreme Court, Senator Jon Kyl
Jon Kyl
Jon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...
, argued that the New Haven, Conn., firefighter case that Sotomayor and her appeals court colleagues dismissed was a "case of first impression," meaning that Sotomayor could not have been following precedent, as she has argued.
In United States v. LaFleur, 971 F.2nd 200, the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
was confronted with the issue of whether or not "duress" is a valid defense to murder under 18 U.S.C, 1111(a), such as that mitigates murder to manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. The court declared "This is an issue of first impression, and our review is de novo
De novo
In general usage, de novo is a Latin expression meaning "from the beginning," "afresh," "anew," "beginning again." It is used in:* De novo transcriptome assembly, the method of creating a transcriptome without a reference genome...
."