Legal Definitions - instance

Instance (noun)

• 1. An Occurrence or Specific Event
  In a general sense, an "instance" refers to a particular occurrence, a specific example, or a single happening of something.

  • Example 1: "During the quarterly review, the compliance officer noted several instances where employees failed to log their client interactions according to company policy."

    Explanation: This illustrates "instances" as individual occurrences or specific examples of non-compliance with the company's logging policy.

  • Example 2: "The security report detailed three separate instances of unauthorized access attempts to the server last month."

    Explanation: Here, "instances" refers to distinct, individual events of attempted unauthorized access that were recorded in the report.

• 2. The Initiation of Legal Action (Court of First Instance)
  In a legal context, particularly when referring to a "court of first instance," it means the initial court where a legal case is heard and decided for the very first time. It signifies the beginning stage of legal proceedings before any appeals.

  • Example 1: "When the property dispute could not be resolved through mediation, the parties filed a lawsuit in the local district court, which served as the court of first instance for their case."

    Explanation: This shows the district court as the initial venue where the legal proceedings for the property dispute began and were first adjudicated.

  • Example 2: "After the defendant was found guilty in the municipal court, their legal team decided to appeal the verdict, moving the case beyond the original instance of judgment."

    Explanation: The municipal court was the first court to hear and rule on the case, representing the initial instance of legal judgment before any appeals process began.

• 3. At the Request or Urging of Someone
  This usage refers to an action taken as a direct result of someone's strong request, suggestion, or insistence.

  • Example 1: "The board of directors decided to conduct an independent audit of the company's finances at the instance of a major shareholder who raised concerns about transparency."

    Explanation: This means the audit was initiated because the major shareholder specifically urged or insisted upon it, prompting the board's action.

  • Example 2: "The prosecutor called the expert witness to testify at the instance of the lead detective, who believed their specialized knowledge was crucial for the case."

    Explanation: Here, the expert witness was called to court because the lead detective specifically requested or insisted on their testimony, recognizing its importance.