Domstolsinstans

Domstolsinstans is a term used in several legal systems, particularly in Nordic countries, to designate the level of the judiciary where a case is heard and decided for the first time. The first instans, or first-instance court, is responsible for examining evidence, determining facts, and applying the law to the case. Decisions at this level can typically be reviewed by a higher instans through an appeal, subject to legal restrictions.

In Sweden, the most common first-instans bodies are district courts, known as tingsrätter, which handle civil and criminal cases. Administrative matters are typically dealt with by administrative courts, förvaltningsrätter, or, in some sectors, specialized first-instains bodies. If the losing party wishes to challenge the decision, they may appeal to the next instans: for civil and criminal cases, to the court of appeal, hovrätt; for administrative cases, to the administrative court of appeal, kammarrätt, and ultimately to the Supreme Administrative Court, Högsta förvaltningsdomstolen. In other jurisdictions, the equivalent term and structure may differ, but the concept remains the same: a case is resolved at the initial court level, with possible subsequent review by higher courts.

The term domstolsinstans therefore refers to the stage in the judicial process rather than to a specific institution. It is contrasted with higher instanser that review or supervise decisions on appeal or cassation. The concept emphasizes the hierarchical nature of court systems, where multiple instanser provide checks and potential remedies for parties.