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Trial De Novo
In law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered by an appellate court when the original trial failed to decide in a manner dictated by law. Common law In common law systems, one feature that distinguishes a trial ''de novo'' from an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court). The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Criminal A criminal trial is designed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Jurisdiction
A court of general jurisdiction, in the law of the United States, is a court with authority to hear cases in law and in Equity (law), equity of all kinds – criminal law, criminal, civil law (common law), civil, family law, family, probate, and other legal claims. State courts of general jurisdiction U.S. states often provide their State court (United States), state trial courts with general jurisdiction. The Legal Information Institute notes that "often, states will vest their trial courts with general jurisdiction" – with the ability to hear state concurrent jurisdiction, and federal matters in law and in equity, although these courts may also organize themselves into divisions or departments to handle particular matters (eg., by assigning a judge of the court of general jurisdiction to hear that court's criminal matters, or probate, or family law). Federal courts of limited jurisdiction All United States federal courts are courts of limited jurisdiction, limited by consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
Latin ( or ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoken by the Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, including English, having contributed many words to the English lexicon, particularly after the Christianization of the Anglo-Saxons and the Norman Conquest. Latin roots appear frequently in the technical vocabulary used by fields such as theology, the sciences, medicine, and law. By the late Roman Republic, Old Latin had evolved into standardized Classical Latin. Vulgar Latin refers to the less prestigious colloquial registers, attested in inscriptions and some literary works such as those of the comic playwrights Plautus and Terence and the author Petronius. While ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Trial
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered the new trial, a new trial may occur if: *a jury is unable to reach a verdict (see hung jury); *a trial court grants a party's motion for a new trial, usually on the grounds of a legal defect in the original trial; or *an appellate court reverses a judgment under circumstances requiring that the case be tried again. In some types of cases (for example, if the original trial court was not a court of record) or in some legal systems, if the losing party to a case appeals, then the appellate court itself will hold a new trial, known as a trial ''de novo''. In the United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal repub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Proceeding
Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In the last fifty years, administrative law, in many countries of the civil law tradition, has opened itself ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts: under Article Six of the State Constitution, "judicial power shall be vested in a Supreme Court, a Superior Court, and other courts of limited jurisdiction."Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:1-1 The Superior Court has three divisions: the Law Division which is the main trial court for cases of civil or criminal law, the Chancery Division, which tries equity law cases, and the Appellate Division, which is the intermediate appellate court in New Jersey. "Appeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division of the Superior Court is divided into various Parts." The various Superior Courts in New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey
New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeast megalopolis, it is bordered to the northwest, north, and northeast by New York (state), New York State; on its east, southeast, and south by the Atlantic Ocean; on its west by the Delaware River and Pennsylvania; and on its southwest by Delaware Bay and Delaware. At , New Jersey is the List of U.S. states and territories by area, fifth-smallest state in land area. According to a 2024 United States Census Bureau, U.S. Census Bureau estimate, it is the List of U.S. states and territories by population, 11th-most populous state, with over 9.5 million residents, its highest estimated count ever. The state capital is Trenton, New Jersey, Trenton, and the state's most populous city is Newark, New Jersey, Newark. New Jersey is the only U.S. stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virginia
Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States, Atlantic Coast and the Appalachian Mountains. The state's List of capitals in the United States, capital is Richmond, Virginia, Richmond and its most populous city is Virginia Beach, Virginia, Virginia Beach. Its most populous subdivision is Fairfax County, Virginia, Fairfax County, part of Northern Virginia, where slightly over a third of Virginia's population of more than 8.8million live. Eastern Virginia is part of the Atlantic Plain, and the Middle Peninsula forms the mouth of the Chesapeake Bay. Central Virginia lies predominantly in the Piedmont (United States), Piedmont, the foothill region of the Blue Ridge Mountains, which cross the western and southwestern parts of the state. The fertile Shenandoah Valley fosters the state's mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case report ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. Established in 1779 as the Supreme Court of Appeals, the Supreme Court of Virginia is one of the oldest continuously active judicial bodies in the United States. History of the Supreme Court of Virginia Colony of Virginia The Supreme Court of Virginia has its roots in the seventeenth century English legal system, which was instituted in Virginia as part of the Charter of 1606 under which Jamestown, Virginia, the first permanent English settlement in North America, was established. In 1623, the Virginia House of Burgesses created a five-member appellate court, which met quarterly to hear appeals from the lower courts. Meeting on the first day of March, June, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Traffic Court
Traffic court is a specialized judicial process for handling traffic ticket cases. In the United States, people who are given a citation by a police officer can plead guilty and pay the indicated fine directly to the court house, by mail, or on the Internet. A person who wishes to plead not guilty or otherwise contest the charges is required to appear in court on the predetermined date on the citation, where they may argue before the judge or negotiate with the prosecutor before being called to appear in front of the judge. Most prosecutors will not negotiate with someone who does not have a lawyer. The person may also request a trial by a written declaration in the following states: California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming. In the case of a trial by written declaration, the accused does not have to be present in the courtroom; they may just explain the reason to defense for the case. Officers are required to turn in their declaration. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
