BROUGHT

3 definitions found across Law Mind sources

BROUGHTAuthored
The Law Mind • 656 words
Definition
"Brought," as used in legal texts, is the past tense of "bring" as applied to legal proceedings. A suit, action, or claim is said to be "brought" when it is instituted or commenced — that is, when the initiating procedural step has been taken to set the action in motion. The term appears most frequently in statutes of limitation, where the operative question is whether an action was brought within the prescribed period.
Common Language
Modern common usage (Wiktionary): Simple past and past participle of "bring." Historical common usage (Webster's 1913): Past tense and past participle of "bring" — to convey, carry, or cause to come. The ordinary meaning carries no particular legal weight, but in a legal context "brought" is a term of art tied to procedural mechanics. When a statute asks whether an action was "brought" in time, it is asking a specific question about when jurisdiction attached and the court's process was invoked — not merely when a grievance arose or when a lawyer was retained.
Common Confusion
"Brought" and "commenced" are frequently treated as synonyms in federal statutory drafting, and Anderson's confirms that in congressional limitations legislation the two terms mean the same thing. However, this equivalence is not universal across all legal contexts or all jurisdictions. In some procedural frameworks, an action may be "brought" by filing, while service of process determines when it is "commenced" for other purposes. Researchers should not assume the federal usage controls in state court materials or in contexts outside limitations statutes.
Why It Matters in Research
The practical significance of "brought" almost always surfaces in limitations analysis. When reading historical statutes of limitation — federal or state — the word "brought" triggers the question: what act starts the clock running in reverse? Did the legislature mean filing? Service? Appearance? The answer is not always the same across eras or jurisdictions, and courts have litigated the question extensively. In older federal materials, Anderson's reflects the settled view that "brought" and "commenced" are interchangeable in limitations statutes. Researchers working in the Law Mind corpus should treat this equivalence as reliable for federal legislation of the nineteenth and early twentieth centuries, but should verify the operative procedural rule when moving to state materials or to more recent uniform acts, some of which define "commencement" specifically. The term also appears in jurisdictional grants and procedural rules ("actions brought in this court," "suits brought against the United States"), where it functions as a threshold marker for the court's authority. In those contexts, "brought" often has its own body of interpretive case law that is distinct from limitations doctrine. One research trap: in equity practice, the distinction between when a bill was "filed" and when a suit was "brought" occasionally mattered for priority and notice purposes. Historical equity sources may use the terms with more precision than common law sources do.
Historical Dictionary Support
Anderson's Dictionary of Law provides a concise and reliable entry: "brought" and "commenced" mean the same thing in congressional limitations legislation, and a suit is "brought" when it is instituted or commenced. The entry is accurate as a statement of the dominant federal rule, though it does not address the procedural nuances that arise when the question moves beyond the timing of a limitations bar. No significant divergence appears among standard historical legal dictionaries on the core meaning; the term is not one that generated doctrinal controversy at the definitional level.
Jurisdictional Note
Federal practice and most state practices treat "brought" as equivalent to "commenced" for limitations purposes, but the moment that constitutes commencement varies: federal courts generally treat filing as the operative act, while some states require service. Researchers working across jurisdictions should identify the applicable procedural rule before assuming a uniform meaning.
Related Terms
COMMENCE — COMMENCEMENT OF ACTION — STATUTE OF LIMITATIONS — FILING — SERVICE OF PROCESS — INSTITUTION OF ACTION — ACCRUAL
BROUGHTmain
Anderson's Dictionary of Law • 1890
Commenced. In the legislation of Congress on the subject of limitation of actions, "commenced" and "brought" mean the same thing.1 A suit is brought when it is instituted or commenced. See COMMENCE, Action.
broughtverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
simple past and past participle of bring

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