Definition
“De novo” is a Latin term that means “anew” or “afresh.” In a legal context, de novo refers to a new trial or hearing conducted as if the original trial had not taken place. This term is commonly used in appeals processes, where a higher court reviews the matter entirely, disregarding the findings and proceedings of the lower court.
Examples
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Criminal Appeal: If a defendant is convicted in a municipal court but appeals the conviction, they might have the right to a trial de novo in a higher court. This means the higher court will re-examine the case as if the initial trial had never occurred.
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Administrative Decisions: In some cases, if an administrative decision (such as a denial of a license or permit) is appealed, the reviewing body may conduct a de novo review. This involves reassessing all the evidence and issues from scratch.
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Family Law: During custody disputes, if a party disagrees with a decision made by a magistrate, they can sometimes request a de novo hearing before the presiding judge. The judge will then hear all the arguments and evidence anew.
Frequently Asked Questions (FAQs)
What does “de novo” mean in a legal context?
“De novo” means starting anew. It refers to a new trial or hearing where the case is reviewed from the beginning, without considering the previous court’s findings.
When can a case be reviewed de novo?
A case can be reviewed de novo often upon appeal, where the higher court agrees to re-examine all aspects of the case from scratch. This can occur in various legal contexts including civil, criminal, and administrative law.
Does de novo review mean a completely new trial?
Yes, de novo review usually involves a completely new trial or a thorough re-examination of all evidence and legal arguments, ignoring the previous court’s decisions.
Is de novo review common in all legal systems?
The application and frequency of de novo review can vary significantly depending on the legal system and jurisdiction. It is more commonly associated with specific types of appeals and administrative law.
What is the difference between de novo review and appellate review?
De novo review involves re-examining the case entirely as if it were the first trial, while appellate review typically involves reviewing the application of law and procedural correctness of the initial trial, without re-evaluating all the facts.
Related Terms with Definitions
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Appellate Review: The examination of a lower court’s decision by a higher court, which focuses on legal principles and procedural errors rather than re-examining factual determinations.
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Habeas Corpus: A legal action through which a person can seek relief from unlawful detention. This writ requires that a detained person be brought to court to determine the legality of their detention.
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Writ of Certiorari: An order by which a higher court reviews a decision of a lower court. This special review is discretionary and typically focuses on important legal questions.
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Summary Judgment: A judgment entered by a court for one party against another without a full trial. It is used when there are no disputed material facts, allowing the case to be decided on legal issues alone.
Online References
- Investopedia Article on De Novo
- Wikipedia Page on De Novo
- Cornell Law School Legal Information Institute
- Legal Dictionary
- NOLO’s Plain-English Law Dictionary
Suggested Books for Further Studies
- “Black’s Law Dictionary” by Bryan A. Garner – A comprehensive resource for legal terminology.
- “Foundations of Legal Research and Writing” by Carol M. Bast and Margie Hawkins – Offers an introduction to various legal terms and processes, including de novo.
- “Understanding the Law” by Donald A. Bouchoux – Provides an overview of essential legal concepts and judicial processes.
Fundamentals of De Novo: Business Law Basics Quiz
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