De Novo Review
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Nov 9, 2023
What is De Novo Review? https://thebusinessprofessor.com/en_US/criminal-civil-law/de-novo-judicial-review-definition
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What is De Nova Review? Well, this is a legal review that occurs in primarily two circumstances
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in an appellate review or in the review of an administrative decision. In an appellate review
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the appellate court is reviewing the application of law and legal determinations made by another court
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generally a lower court. In administrative proceedings, a trial court or potentially an appellate court
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is looking at how the law was applied and whether there is adequate factual information
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to support an administrative decision by an agency or an administrative tribunal or court
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within an agency. Now, the Dana-O-Rovie review standard is a non-deferential standard, and what that means is
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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
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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
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to support the findings of the court. Now, de novo review is simply a standard of review
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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
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But de novo review is almost always used in matters of legal determination
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As such, courts apply this when reviewing the legal determination. or applications of law of lower courts
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So this is Dayneauro review and how it is used
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