Also known as: court of first instance · courts of first instance · first-instance court · trial court · court of original jurisdiction
Written by attorneys — see sources below.
A court in which a case is initially tried and decided on the merits. The court receives evidence, finds facts, applies law to those facts, and enters judgment.
Fatou Fall testified at a bench trial that a contractor failed to install proper drainage. The court of first instance credited her account over contradictory documents and found for her on the contract claim. On appeal the reviewing court upheld the finding because it was not clearly erroneous.
Frank Fisher asked the court of first instance to take judicial notice that a particular intersection lies within the city limits. The court granted the request after confirming the fact is generally known in the jurisdiction and proceeded to instruct the jury accordingly.
Felicity French objected when the prosecutor struck two Black venire members. The court of first instance required the prosecutor to state race-neutral reasons on the record and then determined that purposeful discrimination had not been shown.
Floyd Franklin faced charges involving an alleged scheme. The court of first instance admitted evidence of an earlier similar transaction after finding sufficient proof for the jury to conclude the prior act occurred and that its probative value was not substantially outweighed by prejudice.
Felix Franco sought to question a witness about membership in an organization whose rules encouraged false testimony for fellow members. The court of first instance permitted the inquiry, ruling the evidence of bias admissible to impeach credibility.
Frostline Textiles challenged a state ban on promotional advertising by utilities. The court of first instance applied intermediate scrutiny, weighed the state's asserted interests against the speech restriction, and entered judgment for the plaintiff.
In December 1973, the Public Service Commission ordered electric utilities in New York State to cease all advertising that promoted the use of electricity because the interconnected utility system lacked sufficient fuel stocks for the 1973-1974 winter. The order rested on the Commission's finding that the system did not have sufficient fuel stocks or sources of supply to meet customer demands. Three years later, when the fuel shortage had eased, the Commission requested comments from the public on its proposal to continue the ban on promotional advertising. Central Hudson Gas & Electric Corp. opposed the ban on First Amendment grounds. After reviewing the public comments, the Commission extended the prohibition in a Policy Statement issued on February 25, 1977. The Policy Statement divided advertising expenses into promotional and institutional categories. It permitted informational advertising designed to encourage shifts of consumption from peak demand times to periods of low electricity demand. The Commission banned promotional advertising because additional electricity would be more expensive to produce and promotional advertising would give misleading signals to the public. Central Hudson challenged the order in state court. The order was upheld through the New York Court of Appeals. The Supreme Court noted probable jurisdiction and reversed.
View caseA court of first instance receives evidence, determines facts, and applies law to reach an initial judgment. An appellate court reviews the record for legal error and does not retry facts or hear new evidence.
Yes. In a bench trial the court finds facts and applies law. In a jury trial the court instructs on law while the jury finds facts, but the court still resolves legal questions such as admissibility and motions.
Findings of fact may be set aside only if clearly erroneous, with due regard given to the trial court's credibility determinations. Legal conclusions receive de novo review.
The court of first instance is the proper forum to create a record, rule on evidence, and correct errors before an appeal. Failure to object timely often waives the issue for appellate review.
…master to hear evidence with a view to recommending specific terms for such decrees;" "(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases and, if so, what general directions should the decrees of this Court include and what procedures should the courts of first instance follow…