Also known as: institutes · instituted · instituting · institutiones · institutional · Justinian · Roman Institutes
Written by attorneys · grounded in primary & secondary sources — see below
To commence or initiate legal proceedings or actions. The term identifies the moment when a suit, prosecution, or other proceeding begins for purposes such as determining jurisdiction or triggering procedural rules.
Select any source to read its text and confirm it supports the definition.
Imani Idowu, a citizen of State A, filed a contract suit against Ideal Solutions, a State B corporation, in federal court. At filing Imani had recently moved to State B but the complaint alleged complete diversity based on her prior domicile. The court retained jurisdiction because diversity is measured when the suit is instituted.
After Ingrid Innes's will left her estate to charity, her son Igor Ito filed a contest alleging undue influence. The no-contest clause in the will was held unenforceable because Igor had probable cause for instituting the proceeding.
Iris Irons leased commercial space from Imperial Motors for a repair shop. When the roof leaked, Iris sought to withhold rent under the implied warranty of habitability. The court allowed the claim after Iris instituted the proceeding in the proper forum.
Ike Ingram negligently injured Iain Irons in a car accident, leaving Iain weakened. A later unrelated collision caused additional harm. The court permitted Iain to recover after he instituted a second action against the new tortfeasor.
Igor Ito sought a writ of mandamus from the Supreme Court to compel delivery of a judicial commission. The Court treated the request as an original action rather than an appellate proceeding because no case had yet been instituted below.
Interlink Communications petitioned for review of an agency rule on nuclear waste. The court upheld the rule because the agency had properly instituted the proceeding with adequate notice and comment under the APA.
Diversity must exist when the suit is instituted. Later changes in citizenship do not destroy jurisdiction once it has attached at filing.
Supporting sources
A no-contest clause is unenforceable if probable cause exists for instituting a will contest or other estate proceeding.
Supporting sources
…enable them to exercise appellate jurisdiction. The appellate jurisdiction revises and corrects proceedings in a cause already instituted and does not create the cause. A mandamus to an officer for delivery of a paper is in effect an original action and not appellate. Therefore the authority given to the Supreme Court by the…