Appellate Practice
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Plain-English definition
De novo means the appellate court looks at the issue fresh. It is commonly used for pure questions of law, dismissal rulings, and summary judgment decisions. The appellate court does not ask whether the trial judge was reasonable; it decides the legal issue itself.
How it works
Briefs often fight over the standard of review because de novo review gives the appellant a cleaner shot than deferential review.
Why it matters
The standard of review can be outcome-determinative. De novo is usually the most favorable standard for an appellant.
Related terms
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Final Judgment Rule
The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.