De Novo Review

What is De Nova Review? Well, this is a legal review that occurs in primarily two circumstances

in an appellate review or in the review of an administrative decision. In an appellate review

the appellate court is reviewing the application of law and legal determinations made by another court

generally a lower court. In administrative proceedings, a trial court or potentially an appellate court

is looking at how the law was applied and whether there is adequate factual information

to support an administrative decision by an agency or an administrative tribunal or court

within an agency. Now, the Dana-O-Rovie review standard is a non-deferential standard, and what that means is

no weight is placed on the prior findings of the court that is being reviewed in the case of an appellate review the legal determinations of the court are not granted any level of deference They are reviewed anew by the appellate court

In an administrative proceeding, the court will look at both how the law was applied and the factual determinations made by the administrative court or tribunal or agency to make certain that there is adequate factual information on the record

to support the findings of the court. Now, de novo review is simply a standard of review

There are other standards that may be applicable in given situations, such as a clear and erroneous standard or a reasonableness or substantial evidence standard

But de novo review is almost always used in matters of legal determination

As such, courts apply this when reviewing the legal determination. or applications of law of lower courts

So this is Dayneauro review and how it is used