case of first impression
A case of first impression is a case that presents a legal issue that has never been decided by the governing jurisdiction . An example is the 1978 Supreme Court case Monell v. Department of Soc. Svcs. which decided whether local governments were considered “persons” under the Civil Rights Act of 1871 .
A case of first impression lacks controlling precedent . In other words, a court deciding a case of first impression cannot rely on prior decisions nor is the court bound by stare decisis . To adopt the most persuasive rule of law , courts will look to various sources for guidance. These sources include
- legislative history and intent ,
- policy,
- custom,
- the Restatement view, and
- the law in other jurisdictions .
[Last reviewed in May of 2020 by the Wex Definitions Team ]
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