If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a «matter
of first impression»), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the
issue (one party or the other has to win, and on disagreements
of law, judges make that decision).5 The court states an opinion that
gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants.