English to German translations [PRO]
Law/Patents - Law (general) | | English term or phrase: case of first impression | Hi all,
this is from a list of legal terms.
Unfortunately no context except that it is under 'general legal term' and not under 'family law', 'torts' etc.
The previous and following terms in the list are 'backing, support' and 'amendment of error'.
Thank you. |
|   Peter ZaunerKudoZ activityQuestions: 105 (none open) ( 5 closed without grading) Answers: 73
Australia
| | Local time: 18:43
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| | präzedenzloser Fall | Explanation:
First impression (law)
From Wikipedia, the free encyclopedia
First impression (known as primae impressionis in Latin) is a legal case in which there is no binding authority on the matter presented. Such a case can set forth a completely original issue of law for decision by the courts. A first impression case may be a first impression in only a particular jurisdiction. In that situation, courts will look to holdings of other jurisdictions for persuasive authority.
In the latter meaning, the case in question cannot be decided through referring to and/or relying on precedent. Since the legal issue under consideration has never been decided by an appeals court and, therefore, there is no precedent for the court to follow, the court uses analogies from prior rulings by appeals courts, refer to commentaries and articles by legal scholars, and, of course, its own logic. In cases of First impression, the trial judge will often ask both sides' attorneys for legal briefs.[1]
In some situations, a case of first impression may exist in a jurisdiction until a reported appellate court decision is rendered.
http://en.wikipedia.org/wiki/First_impression_(law) |
| Selected response from:
Johanna Timm, PhD
Canada
Local time: 01:43
| Grading comment Danke, Johanna
4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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Automatic update in 00:
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16 mins confidence:  
1 hr confidence: peer agreement (net): +2 präzedenzloser Fall
Explanation:
First impression (law)
From Wikipedia, the free encyclopedia
First impression (known as primae impressionis in Latin) is a legal case in which there is no binding authority on the matter presented. Such a case can set forth a completely original issue of law for decision by the courts. A first impression case may be a first impression in only a particular jurisdiction. In that situation, courts will look to holdings of other jurisdictions for persuasive authority.
In the latter meaning, the case in question cannot be decided through referring to and/or relying on precedent. Since the legal issue under consideration has never been decided by an appeals court and, therefore, there is no precedent for the court to follow, the court uses analogies from prior rulings by appeals courts, refer to commentaries and articles by legal scholars, and, of course, its own logic. In cases of First impression, the trial judge will often ask both sides' attorneys for legal briefs.[1]
In some situations, a case of first impression may exist in a jurisdiction until a reported appellate court decision is rendered.
http://en.wikipedia.org/wiki/First_impression_(law)
| Johanna Timm, PhD
Canada
Local time: 01:43
Specializes in field
Native speaker of:  German
PRO pts in category: 239
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