What does "trial de novo" refer to?

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The term "trial de novo" refers to a new trial that is conducted as if the original trial had never occurred. This means that the case is heard again in its entirety, and the court considers all evidence and arguments anew, without regard to previous findings or decisions made in earlier hearings. This legal principle allows for a fresh look at the case, providing both parties the opportunity to present their arguments without the influence of prior outcomes.

In many legal systems, "trial de novo" is often applicable in situations where there is an appeal from a lower court's decision, especially in contexts like small claims or administrative law. The key aspect of a trial de novo is that it entirely resets the proceedings, thus enabling an unbiased evaluation by the court. This principle ensures fairness and allows for corrective measures if the initial trial has procedural errors or misinterpretations of law.

The other options focus on specific attributes of trials or appeals, but they do not encompass the distinctive nature of a trial de novo, which necessitates a comprehensive re-examination of the case as a whole.

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