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Simple English definitions for legal terms

trial de novo

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A quick definition of trial de novo:

A trial de novo is like a do-over of a court case. It happens when someone disagrees with the decision made in arbitration (a way to solve legal problems without going to court). In a trial de novo, everything is decided again, like it's the first time. This is important because everyone has the right to a fair trial, even if they already went through arbitration. There are rules about when and how to ask for a trial de novo, and it can only happen if there was an arbitration award (a decision made in arbitration). If there was a settlement (an agreement made outside of court), then there can't be a trial de novo.

A more thorough explanation:

A trial de novo is a new trial that takes place as if there had been no previous trial. This means that both questions of fact and issues of law are determined again.

A trial de novo is often used to challenge awards found in arbitration. While arbitration is a way to resolve smaller cases quickly, it is important to allow an unsuccessful party to demand a trial de novo because of the constitutional right to a jury trial.

To demand a trial de novo, there are certain procedural requirements that must be followed. For example, in Washington, a party must request a trial de novo within 20 days after the arbitration award is filed. The time limit to demand a trial de novo after an arbitration award has been filed also varies by jurisdiction.

It is important to note that a trial de novo can only be held on the basis of an arbitration award. If a settlement is reached, then there is no right to a trial de novo.

John and Jane have a dispute over a car accident. They agree to go to arbitration to resolve the issue. The arbitrator awards Jane $5,000. John is unhappy with the decision and decides to demand a trial de novo.

In the trial de novo, the case is heard again as if there had been no previous trial. The judge and jury will make a new decision on the case.

trial court | trial judge

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texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
lilypadfrog
8:48
https://en.m.wikipedia.org/wiki/Dalgona I just learned about these things. Apparently they’re featured in Squid Game, but I think Squid Game is just a ripoff of the original Mr Beast Games
I learned today the term fight fire with fire comes from the early day of fire fighting when departments would just bulldoze buildings and then burn them in an attempt to stop a fire from spreading. So to stop fire from burning shit they would burn down other buildings in a more violent and destructive way thus lowering the fires moral so much it refuses to spread and work.
GreyCeaselessMammoth
8:51
that's like basically how wildland firefighting still works
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