19:43
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LSDefine
Simple English definitions for legal terms
de novo review
Read a random definition: Model Penal Code test
A quick definition of de novo review:
De Novo Review: When a court reviews a decision made by another branch or level of government, it is called judicial review. De novo review is a type of judicial review where the court reviews the decision without giving any deference to the original decision maker. This means that the court looks at the decision as if it is a new case and makes its own decision based on the evidence presented. This type of review is often used in administrative law cases where a court reviews a decision made by an administrative agency.
A more thorough explanation:
De novo review is a type of judicial review where a higher court reviews a lower court's decision or an administrative body's decision without giving any deference to the original decision. This means that the higher court will review the case as if it is a new case and will not be influenced by the lower court's decision.
One example of de novo review is when a party appeals a decision made by a trial court. The appellate court will review the case de novo, meaning that it will review the evidence and make its own decision without giving any deference to the trial court's decision.
Another example is when an administrative agency makes a decision and a party appeals that decision to a court. The court will review the decision de novo, meaning that it will review the evidence and make its own decision without giving any deference to the agency's decision.
These examples illustrate how de novo review allows a higher court to review a decision without being influenced by the lower court or administrative agency's decision. It ensures that the higher court can make an independent decision based on the evidence presented.