Question

Select three types of persuasive authority which judges may use in cases of first impression.

Answer 1

Answer:

The three types of persuasive authority which judges may use in cases of first impression are higher, peers, or lower courts in the hierarchy, or from other jurisdictions.

Explanation:

A case of first impression is an issue where the parties disagree on what the applicable law is, and there is no prior binding authority, so that the matter has to be decided for the first time. A first impression case may be a first impression in only a particular jurisdiction.

By definition, a case of first impression cannot be decided by precedent. Since there is no precedent for the court to follow, the court uses the plain language and legislative history of any statute that must be interpreted, holdings of other jurisdictions, persuasive authority and analogies from prior rulings by other courts, commentaries and articles by legal scholars, and the court's own logic and sense of justice.

Answer 2

-nonbinding precedents from other jurisdictions
-public policy issues
-unpublished opinions