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Encyclopedia > Trial de novo

In law, the expression trial de novo literally means "new trial". It is most often used in certain legal systems that provide for one form of trial, then another if a party remains unsatisfied with the decision. Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School... A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard. ...


It is often used in the review of administrative proceedings or the judgements of a small claims court. If the determination made by a lower body is overturned, it may be renewed de novo in the review process (this is usually before it reaches the court system). Sometimes administrative decisions may be reviewed by the courts on a de novo basis. An administrative proceeding is a non-judicial determination of fault or guilt and may include in some cases penalties of various forms. ... In the law of the United States, many U.S. states have established small claims courts. ...


In common law systems, one feature that distinguishes an appeal proceeding from a trial de novo is that new evidence may not ordinarily be presented in an appeal, though there are rare instances when it may be allowed - usually if it was evidence that only came to light after the trial and could not, in all diligence, have been presented in the lower court. The general rule, however, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial "de novo". In order to protect the individual's rights against double jeopardy ordering a trial "de novo" is often the exclusive right of an appeal judge. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Double jeopardy is a procedural defense (and, in the United States and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ...


For example, a system may relegate a claim of a certain amount to a judge but preserve the right to a new trial before a jury. A judge or justice is an official who presides over a court. ... This article may be confusing for some readers, and should be edited to enhance clarity. ...

Contents


De novo, general usage

In general usage, de novo means 'afresh', 'anew', 'beginning again'.


De novo, biological usage

Biologically-speaking, de novo means newly-synthesised. For example, a newly-synthesised protein, or other molecule.


De novo, finance usage

In financial terminology, numbers reported by newly founded companies (especially the financial services industry) are qualified as "de novo," to distinguish them from older companies. For example, "growth de novo" means growth of newly started companies.


See also

A de novo bank is defined as a state member bank that has been in operation for five years or less. Commercial banks that have been in existence for five years or less and convert to Fed membership are also subject to the de novo bank application and supervision standards. -DeNovobanks.com An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ...


  Results from FactBites:
 
Trial de novo - Wikipedia, the free encyclopedia (294 words)
In law, the expression trial de novo literally means "new trial".
Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial "de novo".
In order to protect the individual's rights against double jeopardy ordering a trial "de novo" is often the exclusive right of an appeal judge.
  More results at FactBites »

 
 

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