Legal Definitions - first impression

A case of "first impression" refers to a legal dispute where a court is asked to rule on an issue that has never been decided before within that specific court's jurisdiction. This means there is no existing legal precedent, established rule, or prior court decision that directly addresses the exact question presented. In such situations, the court must carefully analyze the arguments, interpret relevant laws, and may look to similar legal principles or decisions from other jurisdictions for guidance, ultimately creating a new legal standard or interpretation for future cases.

Here are some examples to illustrate this concept:

• New Technology and Liability: Imagine a state court is presented with a lawsuit where a fully autonomous delivery drone, operating without human control, malfunctions and causes significant damage to private property. The property owner sues the drone manufacturer. This could be a case of first impression because, while the state has laws regarding liability for accidents involving human-operated vehicles or defective products, the court has never had to determine liability for an incident caused by a completely self-operating artificial intelligence system. The court would need to establish new legal principles or adapt existing ones to this novel technological scenario.
• Interpretation of Recently Enacted Legislation: A state passes a new law granting employees the right to "disconnect" from work-related communications outside of business hours. An employee is disciplined for not responding to an email from their manager sent at 9 PM, and they sue their employer, citing the new "right to disconnect" law. This would likely be a case of first impression for the state's courts because, although the law exists, its precise scope, limitations, and how it applies to various workplace scenarios have not yet been interpreted or defined by a judicial ruling. The court would need to set a precedent for how this new legislation is to be understood and enforced.
• Digital Assets and Inheritance: A person dies without a traditional will, but leaves behind a substantial portfolio of cryptocurrency and valuable non-fungible tokens (NFTs). Their family members dispute who has the right to access and inherit these digital assets, as the state's probate laws were drafted decades ago and only refer to physical property and traditional financial accounts. The probate court in this jurisdiction would face a case of first impression because it has never had to apply existing inheritance laws, or develop new interpretations, to determine ownership and distribution of these novel forms of digital wealth.