De novo

Definition

The term 'de novo' refers to something that is newly created or formed from scratch, without relying on or using any pre-existing materials or structures. It is a Latin phrase that literally translates to 'from the beginning' or 'anew.'

5 Must Know Facts For Your Next Test

1. In the context of appeals, the term 'de novo' refers to a court's review of a lower court's decision without giving any deference to the lower court's findings.
2. A de novo review allows the appellate court to consider the case anew, as if it were the first time the matter was being heard, and to reach its own independent conclusion.
3. The de novo standard of review is often applied to questions of law, as opposed to questions of fact, where the appellate court has the authority to interpret the law without being bound by the lower court's interpretation.
4. The de novo standard of review is considered a more stringent standard than the 'abuse of discretion' or 'clear error' standards, which give more deference to the lower court's decision.
5. The de novo standard of review is intended to ensure that the appellate court can properly fulfill its role of correcting errors of law and ensuring the consistent application of the law.

Review Questions

• Explain the concept of de novo review in the context of appeals.
  • In the context of appeals, the term 'de novo' refers to a court's review of a lower court's decision without giving any deference to the lower court's findings. A de novo review allows the appellate court to consider the case anew, as if it were the first time the matter was being heard, and to reach its own independent conclusion. This standard of review is often applied to questions of law, as opposed to questions of fact, where the appellate court has the authority to interpret the law without being bound by the lower court's interpretation.
• Compare and contrast the de novo standard of review with other standards, such as the 'abuse of discretion' or 'clear error' standards.
  • The de novo standard of review is considered a more stringent standard than the 'abuse of discretion' or 'clear error' standards, which give more deference to the lower court's decision. The de novo standard allows the appellate court to independently interpret the law and reach its own conclusion, without being bound by the lower court's findings. In contrast, the 'abuse of discretion' and 'clear error' standards require the appellate court to give more weight to the lower court's decision, and to only overturn it if it was clearly erroneous or an abuse of the lower court's discretion. The de novo standard is intended to ensure that the appellate court can properly fulfill its role of correcting errors of law and ensuring the consistent application of the law.
• Analyze the rationale behind the use of the de novo standard of review in the appeals process.
  • The de novo standard of review is used in the appeals process to ensure that the appellate court can properly fulfill its role of correcting errors of law and ensuring the consistent application of the law. By allowing the appellate court to consider the case anew, without being bound by the lower court's findings, the de novo standard enables the appellate court to reach its own independent conclusion on questions of law. This is important because the appellate court has a responsibility to interpret the law correctly and to ensure that it is applied consistently across different cases. The de novo standard of review helps to achieve this goal by giving the appellate court the authority to independently review the lower court's legal conclusions, rather than being limited by the lower court's findings or discretion.

Related terms

Synthesis: The process of creating or forming something new, often by combining different elements or parts.

Origination: The act of bringing something into existence or starting something from the beginning.

Autonomy: The ability to act or function independently, without relying on or being controlled by others.