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 ?
And although this would be a case of first impression, thats what most of the lawyers tell me.
"This was a case of first impression that we took to the Supreme Court because our clients did not like the limitations on utilization of the treatment parameters being imposed by the lower courts," said LaCause.
A trial court can't use aggravating sentencing factors in a DWI case if prosecutors fail to inform the defendant of their intentions to use them as required by state law, even if the factors were introduced in an earlier proceeding, the North Carolina Court of Appeals has ruled in a case of first impression.
In a case of first impression, the Supreme Judicial Court ruled on Tuesday that when police "ping" a person's cellphone in order to have it transmits its real-time location,doing so is conducting a search in the constitutional sense, intruding into a person's reasonable expectation of privacy.
The case of first impression examined the contours of Rule 23(a) of the Superior Court Rules of Criminal Procedure, which dictates that "[c]ases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court."
In a case of first impression, the Missouri Court of Appeals Eastern District has clarified how a judge may award "heritage value," or the amount of special damages owed to a landowner who in a condemnation loses land that has been in his or her family for a half-century or more.
Records from an interstate database of pseudoephedrine purchases fall within an exception to the rule against hearsay evidence, the South Carolina Court of Appeals has ruled in a case of first impression.
This is a case of first impression al eh,wala pang ganito.
For example, in a close case of first impression, a well-written brief can make the difference between winning and losing.
Further, the Court decided a case of first impression: while invocation of a privilege clearly makes a witness unavailable, can that invocation be ascribed to a third party?
Akram Sheikh said that he had rendered appearance in the case with utmost dedication and mindful of the implications that it is not only a case of first impression but also entails risk to one's personal security, professional practice, risk and threat of security to the family.
Hulslander, of Syracuse, who represents Cratsley, said the decision "was a case of first impression in new York for sure."<br />"The only other court that has confronted it was a New Jersey interim appellate-level court which has written a decision that essentially went the other way," Hulslander said.<br />In New York state, a passenger in a vehicle can be liable for conduct that distracts a driver just before a crash.