case of first impression

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case of first impression

n. a case in which a question of interpretation of law is presented which has never arisen before in any reported case. Sometimes, it is only of first impression in the particular state or jurisdiction, so decisions from other states or the federal courts may be examined as a guideline.

References in periodicals archive ?
The state Court of Appeals answered that question of first impression in a Feb.
Trial counsel knows a question of first impression is lurking in the background.
Counsel facing a question of first impression like this should develop a strategy with appellate counsel for addressing the question before the trial court and on appeal.
A question of first impression gives trial counsel the opportunity to use the well-reasoned rationale of persuasive authority from other jurisdictions as well as public policy arguments to advocate a client's position.
Trial counsel should not leave a question of first impression to appellate counsel to address on the fly during trial or as an afterthought on appeal.
Because an interlocutory appeal will take time, trial counsel should develop a strategy for raising the question of first impression at a time when interlocutory relief is still feasible without affecting the scheduled trial date.
A Certified Question Of First Impression To The Controlling Jurisdiction May Also Provide Appellate Guidance Prior To Trial
The court noted that the issue of whether a physician's duty to his or her patient continues after the patient is referred to a specialist was a question of first impression in Delaware.
"The legal status of 'decisions' of this sort appears to be a question of first impression. There is significant debate over the constitutionality of assigning lawmaking functions to international bodies.
The courts were confronted with a question of first impression. Was a violation of the ADA which occurred "before" the county's discharge actionable?
Addressing a question of first impression, the court held that a custodial parent can recover damages from a nonparent third party who intentionally interferes with the parent's right to raise the child.
Deciding a question of first impression in the state, the Fourth District Court of Appeals held in February that absent an agreement, therapists do not owe a professional duty to adult patients' parents.