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Case of first impression

 

 
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A case of first impression (known as primae impressionis in Latin) is a legal case
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 law or criminal law.There is a defendant and an accuser....
 in which there is no binding authority on the matter presented. A case of first impression may be a case of first impression in only a particular jurisdiction
Jurisdiction

In law, 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.

Where no persuasive authority exists, a judge will look to legal analogies
Analogy

Analogy is both the cognition process of transferring information from a particular subject to another particular subject , and a language expression corresponding to such a process....
, legal commentary, legal briefs of the parties, and his or her own legal logic
Logic

Logic is the study of the principles of valid demonstration and inference. Logic is a branch of philosophy, a part of the classical Trivium . The word derives from Greek language ?????? , fem....
.

In some situations, a case of first impression may exist in a jurisdiction until a reported appellate court
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
 decision is rendered.

For example, when e-mail
E-mail

Electronic mail, often abbreviated as e-mail, email, E-Mail, or eMail, is any method of creating, transmitting, or storing primarily text-based human communications with digital communications systems....
 came to be used in business settings, if some party was sued by another, at some point someone would use the contents of some of the e-mails as evidence
Evidence (law)

The law of evidence governs the use of testimony and exhibit s or other documentary material which is admissible in a dispute resolution ....
 in their case.






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A case of first impression (known as primae impressionis in Latin) is a legal case
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 law or criminal law.There is a defendant and an accuser....
 in which there is no binding authority on the matter presented. A case of first impression may be a case of first impression in only a particular jurisdiction
Jurisdiction

In law, 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.

Where no persuasive authority exists, a judge will look to legal analogies
Analogy

Analogy is both the cognition process of transferring information from a particular subject to another particular subject , and a language expression corresponding to such a process....
, legal commentary, legal briefs of the parties, and his or her own legal logic
Logic

Logic is the study of the principles of valid demonstration and inference. Logic is a branch of philosophy, a part of the classical Trivium . The word derives from Greek language ?????? , fem....
.

In some situations, a case of first impression may exist in a jurisdiction until a reported appellate court
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
 decision is rendered.

For example, when e-mail
E-mail

Electronic mail, often abbreviated as e-mail, email, E-Mail, or eMail, is any method of creating, transmitting, or storing primarily text-based human communications with digital communications systems....
 came to be used in business settings, if some party was sued by another, at some point someone would use the contents of some of the e-mails as evidence
Evidence (law)

The law of evidence governs the use of testimony and exhibit s or other documentary material which is admissible in a dispute resolution ....
 in their case. The other side may challenge the use of e-mail in such a case, questioning the validity of the material in question (e-mail, like any electronic document
Electronic document

An electronic document is any electronic media Content that are intended to be used in either an electronic form or as printed output.Originally, any computer data were considered as something internal — the final data output was always on paper....
, can be easily fabricated; in fact, absent the use of cryptographic
Cryptography

Cryptography is the practice and study of hiding information. In modern times cryptography is considered a branch of both mathematics and computer science and is affiliated closely with information theory, computer security and engineering....
 techniques such as digital signature
Digital signature

A digital signature or digital signature scheme is a type of asymmetric key algorithm. For messages sent through an insecure channel, a properly implemented digital signature gives the receiver reason to believe the message was sent by the claimed sender....
s, it is far easier to forge e-mail than paper documents). Now, the first court to be asked whether e-mail is valid as evidence would be seeing the question as one of first impression.