trial de novo

(redirected from De novo review)

trial de novo

n. a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments.

References in periodicals archive ?
The agency understands that patients and caregivers who live with a disease or condition on a daily basis and utilize devices in their care may have developed their own insights and perspectives on the benefits and risks of devices under PMA, HDE, or de novo review," the FDA said in its draft guidance.
One alternative that veterans have now is the Decision Review Officer (DRO) program, which is a de novo review of the appeal performed locally at the VBA Regional Office (RO).
He is entitled to a de novo review of the commission's ruling in state district court.
Allcare as the Federal Circuit's 'appellate overreach' through its 'increasing infatuation with de novo review of factual determinations.
In this regard, the de novo review standard in APA Section 706(2)(F) operates in tandem with the other sub-provisions, including APA Section 706(2)(A), which directs the review of agency action under the arbitrary and capricious standard.
I]t is not entirely clear whether construction of a hearsay rule is a matter of discretion or a legal issue subject to de novo review.
The circuit court's refusal to find 'extraordinary or unusual circumstances' within the meaning of Freeman as to uncontested and uncontroverted evidence is subject to de novo review by the court, particularly in light of the circuit court's reasoning in which it denied reimbursement because petitioner failed to demonstrate this was anything other than 'an ordinary capital post-conviction case,'" McClain argued.
The issue of whether a claim sounds in medical malpractice involves a question of law, therefore the court conducts a de novo review.
On appeal, the FTC argued for a de novo review, alleging the district court applied an incorrect legal standard in failing to review all pertinent factors.
Trial court decisions that are deemed to be purely questions of law are subject to de novo review.
1) The decision drastically altered the formerly well-settled principle that decisions based on such hearings are legislative acts subject to de novo review, leaving many attorneys wondering how far its repercussions would spread.