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Simple English definitions for legal terms
de novo
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A quick definition of de novo:
De novo means starting over or beginning again. When a court hears a case de novo, it means they are deciding the issues without considering what the previous court decided. They may look at the previous court's record to determine the facts, but they will make their own decision based on the evidence and matters of law. This can happen on appeal or when a trial court hears a case again as if it was being heard for the first time. Trials de novo are not common because they take a lot of time and resources, but de novo review of legal matters on appeal happens often.
A more thorough explanation:
Definition: De novo is a Latin term that means "anew," "from the beginning," or "afresh." It is used in legal contexts to describe a situation where a court hears a case without considering any legal conclusions or assumptions made by a previous court.
For example, when an appellate court hears a case de novo, it may refer to the lower court's record to determine the facts, but it will make its own ruling on the evidence and matters of law without deferring to the lower court's findings. Similarly, a trial court may hear a case de novo following the appeal of an arbitration decision.
De novo review occurs when a court decides an issue without deference to a previous court's decision. This type of review is common in legal matters on appeal, where a higher court may review a lower court's decision de novo.
Trial de novo occurs when a court decides all issues in a case as if the case was being heard for the first time. This type of trial is not common due to the time and judicial resources required to try the facts of a case more than once.
Overall, de novo refers to a fresh start in legal proceedings, where previous decisions or assumptions are not taken into account.