De Novo Review
De novo review means a reviewing court considers an issue anew, without deferring to the lower court's conclusion on that issue. Appellate courts often use de novo review for questions of law, while giving more deference to factual findings or discretionary decisions under other standards.
De novo review means a reviewing court considers an issue anew, without deferring to the lower court’s conclusion on that issue. Appellate courts often use de novo review for questions of law, while giving more deference to factual findings or discretionary decisions under other standards.
Example: In Salve Regina College v. Russell (1991), the Supreme Court held that a federal appellate court should review a district court’s determination of state law de novo.
Common misconception: De novo review means the appellate court conducts a full new trial. It usually means the court independently reviews a particular legal issue on the existing record.
Sources: https://www.govinfo.gov/content/pkg/USREPORTS-499/pdf/USREPORTS-499-225.pdf; https://www.uscourts.gov/about-federal-courts/court-role-and-structure