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A first impression case is when a subject has never been encountered in court before, making it impossible to refer to previous legal decisions. The judge must establish the case is unique and rely on general legal principles to make a decision. The judge’s opinion will set a precedent for future cases.
In law, a first impression is a case on a subject that has never entered the court system before, making it impossible to refer to previous legal decisions as a guide to determining a fair judgment. In the decision, the judge will set a precedent that other courts will follow or challenge in determining how matters of this nature will be handled in the future. When judges work on such cases, they take special care in deliberations and in their written opinions to ensure they are setting a clear and reasonable precedent that other courts can use as a model.
Commonly, a first impression involves a new law or regulation that has never been tested in court before, or a situation so unusual that the courts may not have encountered it. Lawmakers usually try to keep abreast of events in their societies, but sometimes fail to anticipate cultural changes. For example, with the increase in the use of assisted reproductive technology has come a number of intricate legal cases on topics such as surrogacy and egg or sperm donation. Judges in these cases had no law or case precedent to rely on to make decisions.
In a first impression case, or primae impressionis, the judge must first establish that the case is indeed dealing with a subject not encountered before in court. Judges can ask clerks to conduct searches to identify similar cases. In the course of their research, they can find related cases that a judge can use to form an opinion. Clerks can also help the judge research the laws surrounding the case in order to provide a fair interpretation.
With a first impression case, the judge has no legal authority to turn to for guidance when making a decision. He has to rely on general legal principles, including the basic principles of the legal system in his country. Judges in the United States, for example, may rely on interpretations of the Constitution and other key legal documents to issue decisions that align with general US legal values.
The opinion in a first impression case will be read carefully by judges, lawyers and legislators. If the parties appeal to a higher court, the judge’s opinion will have its first proof in the form of an assessment by an appellate judge. The judge can confirm it, confirming it as legally valid, or cancel it, indicating that the conclusions reached in the opinion are incorrect. As similar cases work their way through the legal system, judges and lawyers will refer to opinion as a first impression when formulating arguments and opinions.
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