firstInstance

First instance, sometimes written as first-instance or translated as première instance in non-English contexts, refers to the court or tribunal where a legal case is heard and decided for the first time. It is the initial stage in the judiciary process, where evidence is presented, factual findings are made, and the applicable law is interpreted and applied to the dispute. In jurisdictions with multiple levels of review, the first-instance decision provides the basis for subsequent appeals or reviews in a higher court.

In common law systems, the court of first instance is typically the trial court that resolves questions of fact and law. Examples include civil proceedings heard by trial courts, and, in some jurisdictions, the First-tier Tribunal handling certain administrative appeals. In criminal matters, the first instance may be a local or regional court or a magistrates’ court, depending on the jurisdiction.

In civil law jurisdictions, the term denotes the initial adjudicatory body with jurisdiction over civil, criminal, or administrative matters, before appellate tribunals. Many countries maintain specialized first-instance courts for particular subject areas, such as family matters, administrative acts, or juvenile cases, reflecting differences in legal tradition and structure.

Procedure and outcomes at the first instance typically involve pleadings, evidence, and hearings, culminating in a judgment that sets findings of fact, liability, damages, or other remedies. Because first-instance decisions are generally subject to appeal or other review, the initial judgment can be revisited to correct errors of law or fact according to the rules of the relevant jurisdiction.