Which term describes a hearing that is conducted anew in a higher court after review?

Which term describes a hearing that is conducted anew in a higher court after review?

• A. De Novo
• B. Remand
• C. Ex Post Facto
• D. Summary Judgement

Answer: (A)

De novo means a hearing is held anew in the higher court, with the appellate court reexamining the matter as if it were being heard for the first time. The court reviews the record and can substitute its own judgment on both law and, in some contexts, fact, without being bound by the lower court’s findings. This is why it fits the description of a hearing conducted anew after review. By contrast, remand sends the case back to the lower court for further proceedings; ex post facto refers to applying laws retroactively to conduct that occurred before the law existed; and summary judgement is a pretrial ruling that there is no genuine dispute over material facts.

De novo means a hearing is held anew in the higher court, with the appellate court reexamining the matter as if it were being heard for the first time. The court reviews the record and can substitute its own judgment on both law and, in some contexts, fact, without being bound by the lower court’s findings. This is why it fits the description of a hearing conducted anew after review. By contrast, remand sends the case back to the lower court for further proceedings; ex post facto refers to applying laws retroactively to conduct that occurred before the law existed; and summary judgement is a pretrial ruling that there is no genuine dispute over material facts.