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De novo is a
standard of review that comes from the Latin word meaning “anew.” If the case
is reviewed de novo, it means that the reviewing court, usually an
appellate court, does not need to give any deference to the decision of the
lower court. The appellate court simply needs to determine the appropriate
ruling and apply it.
De novo
review is typically appropriate when appellate courts are determining issues of
law. Lower court judges are not necessarily in better positions to determine
questions of law that appellate courts are, and thus their decisions need not
necessarily influence the interpretations of the appellate court.
By
contrast, questions of fact may be afforded more deference and reviewed under
the more-difficult-to-reverse standard of “abuse of discretion.” This is
because trial court judges, having sat through the case and heard all the
evidence and observed the demeanor of the witnesses, may be a better position
to make findings of fact than appellate court judges, who can only go by
written transcripts.