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What characterizes a trial de novo?

A retrial conducted in the same manner as the original trial

A hearing without new evidence presented

A new trial as if no trial had occurred previously

A trial de novo is characterized by the notion of starting anew, as if no original trial had occurred. This type of trial allows for a fresh examination of the case, and it is often employed when a party seeks a complete review of a case, as in appeals from lower court decisions. It differs from other trial processes because it disregards the previous trial's findings and conduct, permitting evidence and arguments to be presented afresh.

This concept is particularly important in certain legal contexts, such as appeals from small claims courts or certain administrative decisions, where the goal is to provide a fair and impartial reassessment of the case. By treating the case as if it had never been tried, it ensures that the parties involved can pursue justice without the limitations or biases of prior proceedings affecting the outcome.

In contrast, the other answer options do not reflect the essence of a trial de novo. For example, options discussing the retrial conducted in the same manner as the original trial or hearing without new evidence present a more restrictive view, which does not align with the fundamental principle of a trial de novo.

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A proceeding to appeal a sentence in criminal cases

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