Question

A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider: a. public policy. b. social values and customs. c. cases from other jurisdictions. d. survey data from the local community.

Answer 1

Answer:

D). Survey data from the local community.

Explanation:

A case of first impression is associated with the appearance of a new legal interrogation or arousal of an issue about the evaluation of the law in the court(which has not appeared in the court prior to this) and thus, comes as a 'first impression' to the court's jurisdiction. Therefore, the court does not possess an obligatory authority to take the decision on the basis of prior precedents.

In the given example, the 'survey data from the local community' would be the least to be considered by the judge in case of first impression as their opinions would be based on previous comparisons or experiences which would not be beneficial in an initial case of legal question. Therefore, option D is the correct answer.