The spelling of the phrase "first instance" is fairly straightforward, with each word pronounced as it's spelled. The phonetic transcription is /fɜrst ˈɪnstəns/, with the stress on the first syllable of "first" and the second syllable of "instance". The sound "ɜ" is a schwa sound, which is a neutral vowel sound often used in unstressed syllables. The "əns" at the end of "instance" is pronounced with a syllabic "n" sound, as the final "e" is not pronounced.
In legal terms, "first instance" refers to the initial stage of a legal proceeding, particularly in a court case, where a case is heard and decided upon by a trial court or a lower court for the first time. It is the first opportunity for a court to evaluate the facts, evidence, and arguments presented by each party in order to make a preliminary determination or judgment.
During the first instance, the court examines the case de novo, meaning it conducts a comprehensive review of all evidence and arguments from scratch, without any prior bias or deference to previous proceedings. This stage aims to establish a clear understanding of the case and its merits, enabling the court to make an impartial decision based on the applicable laws and regulations.
Once the first instance has concluded, the court will issue a judgment or ruling, either in favor of one party or dismissing the case entirely. However, it is important to note that this decision is subject to appeal, which allows the dissatisfied party to request a higher court to review and potentially revise the judgment made in the first instance.
Overall, "first instance" refers to the initial phase of a legal proceeding where a trial court or lower court hears and decides on a case for the first time, without prejudice or influence from prior proceedings.
The word "first instance" is a combination of the Middle English word "firste", meaning earliest or most important, and the Old French word "instance", meaning urgency or necessity. The term is derived from the Latin phrases "primum" and "instantia", which together signify "at first" or "in the early stages of". Over time, the two words merged to form the phrase "first instance", which refers to the initial or primary occurrence or example of something.