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De Novo - Law Dictionary Search Results

Home Dictionary Name: de novo

de novo

de novo [Medieval Latin, literally, from (the) new] : over again : as if for the first time: as a : allowing independent appellate determination of issues (as of fact or law) [a de novo review] b : allowing complete retrial upon new evidence compare abuse of discretion, clearly erroneous NOTE: A de novo review is an in-depth review. Decisions of federal administrative agencies are generally subject to de novo review in the U.S. District Courts, and some lower state court decisions are subject to de novo review at the next level. ...


Venire facias de novo

Venire facias de novo, a second writ to summon another jury for a new trial.The venire de novo was the Old Common Law method of proceeding to a new trial, and differed materially from granting a new trial, inasmuch as it was awarded from some defect appearing upon the face of the record, while a new trial was granted for matter entirely extrinsic. Where a verdict could have been amended, a venire de novo was never awarded. If awarded, the party succeeding at the second trial was not entitled to the costs of the first. It has since been superseded by a trial de novo. The Court of Criminal Appeal can order a writ of venire de novo to issue, R. v. Crane, (1921) 2 AC 299, and R. v. Dennis, 40 TLR 420. See also NEW TRIAL....


trial de novo

trial de novo : a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place compare mistrial ...


De novo

De novo (afresh; anew)....


Trial de novo

Trial de novo, means a new trial on the entire case i.e. on both the questions of law and fact, conducted as if there had been no trial in the first instance, Black's Law Dictionary, 7th Edn., p. 1511....


Testa de nevil

Testa de nevil, an ancient document in two volumes, in the custody of the King's Remembrancer in the Exchequer, more properly called Liber Feodorum.These books contain principally accounts (1) of fees holden either immediately of the king, or others who held of the king in capite, and if alienated whether the owners were in feoffed ab antiquo or de novo, as also fees holden in frankalmoigne, with the values thereof respectively; (2) of serjeanties holden of the king, distinguishing such as were rented or alienated, with the values of the same; (3) of widows, and heiresses of tenants in capite, whose marriages were in the gift of the king, with the values of their lands; (4) of churches in the gift of the king, and in whose hands they were; (5) of escheats, as well of the lands of Normans as others, in whose hands the same were, and by what services holden; (6) of the amount of the sums paid for scutage and aid, etc., by each tenant.These volumes were printed in 1807, under the authorit...


Reservatio non debet esse de proficuis ipsis, quia ea conceduntur, sed de reditu novo exta proficua

Reservatio non debet esse de proficuis ipsis, quia ea conceduntur, sed de reditu novo exta proficua. Co. Litt. 142 a.-(A reservation ought not to be of the profits themselves, because they are granted, but from the new rent apart from the profits.)...


clearly erroneous

clearly erroneous : being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferences [findings of fact…shall not be set aside unless clearly erroneous "Federal Rules of Civil Procedure Rule 52(a)"] see also Amendment VII to the Constitution in the back matter compare abuse of discretion, de novo NOTE: The requirement that findings be clearly erroneous to be set aside is a standard of review used esp. by an appellate court when reviewing a trial judge's (as opposed to a jury's) findings of fact for error. ...


mistrial

mistrial : a trial that terminates without a verdict because of error, necessity, prejudicial misconduct, or a hung jury see also manifest necessity compare dismissal, trial de novo ...


In novo casu novum remedium apponendum est

In novo casu novum remedium apponendum est. 2 Inst. 3.-(A new remedy is to be applied to a new case....


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