Court Reporter Practice Exam

What does "de novo" refer to in legal terms?

1. From the beginning

2. In final conclusion

3. Under review

4. Based on precedent

The correct answer is: From the beginning

The term "de novo" comes from Latin, meaning "from the beginning" or "anew." In legal contexts, it is often used to describe a type of review where a court examines a matter as if it had not been previously decided, disregarding the conclusions of lower courts or prior decisions. This allows for a fresh assessment of the issues at hand, leading to new determinations based on the facts and law involved. For instance, if a case is appealed “de novo,” the appellate court does not merely review the earlier proceedings for errors but considers the case in its entirety, starting afresh. This is particularly relevant in cases involving administrative appeals or certain types of judicial reviews. The other options do not capture the essence of "de novo." While "in final conclusion" suggests a resolution has been reached, that does not imply a re-examination of the case. "Under review" indicates that a case is being looked at, but it doesn't imply starting anew. Lastly, "based on precedent" pertains to the principle of following earlier court decisions, which contrasts with the idea of a fresh starting point that "de novo" conveys.