In a case of first impression, what would not be considered proper for a judge to evaluate?

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In a case of first impression, which refers to a legal case that presents an issue that has not been previously decided by the courts, a judge often looks to several sources of law to guide their decision-making process. Statutory law, common law, and administrative law are well-established sources of legal authority that can be referenced to draw parallels or find principles that may apply to the new issue at hand.

Equitable maxims, on the other hand, are general principles that guide courts in making decisions in equity cases but are not formally binding laws. They serve more as guidelines or principles derived from equity rather than concrete legal standards. While they may inform a judge's thinking or reasoning, they do not hold the same weight as statutory, common, or administrative laws when it comes to evaluating a case of first impression. Therefore, relying solely on equitable maxims without the backing of established laws might not provide a proper basis for judicial evaluation. As a result, in this context, it is not considered proper for a judge to primarily rely on equitable maxims in their evaluation of a new legal issue.

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