Judicial review refers to the process by which a court examines a decision made by another branch or level of government. De novo review is a specific type of judicial review in which the court evaluates the decision without showing any deference to the original decision maker. Essentially, the court treats the case as if it were new and makes its own decision based on the evidence presented. This type of review is commonly employed in administrative law cases, where a court assesses a decision made by an administrative agency.
De novo review refers to a form of judicial review in which a higher court examines a lower court’s or administrative body’s decision without showing any deference to the original decision. This implies that the higher court will assess the case as if it were a new case and will not be influenced by the lower court’s ruling. An instance of de novo review occurs when a party appeals a trial court’s decision. In such a scenario, the appellate court will conduct a de novo review, meaning it will evaluate the evidence and reach its own decision without giving any deference to the trial court’s ruling. Another example is when an administrative agency makes a decision and a party appeals that decision to a court. In this case, the court will conduct a de novo review, examining the evidence and making its own decision without showing any deference to the agency’s ruling. These examples demonstrate how de novo review enables a higher court to assess a decision without being influenced by the lower court or administrative agency. It ensures that the higher court can make an independent decision based on the evidence presented.
A De Novo Review is a type of legal review where a higher court reviews a lower court’s decision as if it were a new case, without giving any deference to the lower court’s ruling.
A De Novo Review can be requested when a party is dissatisfied with the decision made by a lower court and wants a higher court to review the case from scratch.
The purpose of a De Novo Review is to provide a fresh and unbiased evaluation of the case, allowing the higher court to independently assess the evidence and legal arguments presented.
De Novo Review is commonly used in cases involving administrative agencies, such as social security disability claims, workers’ compensation claims, or zoning disputes.
Unlike an appellate review, where the higher court generally gives deference to the lower court’s decision, a De Novo Review allows the higher court to completely reevaluate the case without considering the lower court’s ruling.
In criminal cases, a De Novo Review is typically not available. However, some jurisdictions may allow it for certain limited issues, such as the interpretation of a statute.
In a De Novo Review, the higher court applies a “de novo” or “fresh look” standard, meaning it reviews the case as if it were being heard for the first time, without any presumption in favor of the lower court’s decision.
The duration of a De Novo Review process can vary depending on the complexity of the case and the court’s caseload. It can range from a few months to over a year.
Yes, during a De Novo Review, parties may present new evidence that was not presented in the lower court. This allows for a more comprehensive evaluation of the case.
Yes, the decision made during a De Novo Review is final, unless it is appealed to a higher court. The higher court’s decision, however, will not be based on a De Novo Review but rather on an appellate review.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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