Courts consider legal principles and policies underlying previous court decisions or existing statutes, fairness, social values and customs, public policy and data, and concepts drawn from the social sciences when deciding

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Cases of first impression are those for which there is no binding precedent. Courts must then look beyond established law to more general legal principles, as well as considering fairness, social values, public policy, and sometimes data from the social sciences to make their decisions.

Courts Consider Legal Principles and Policies Underlying Previous Court Decisions