De Novo Vs. On The Record
Very broadly speaking there are appeals on the record and de novo appeals. In de novo appeals, the new decision maker re-hears the case without any reference to the rulings of the prior decision maker, or limits on the evidence presented. In appeals on the record, the decision of the prior decision maker is challenged by arguing that he, she or they misapplied the law, came to an incorrect factual finding, acted in excess of his jurisdiction, abused discretionary powers, was biased, considered evidence which should not have been considered, or failed to consider evidence that should have been considered.
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Famous quotes containing the word record:
“That is what the highest criticism really is, the record of one’s own soul. It is more fascinating than history, as it is concerned simply with oneself. It is more delightful than philosophy, as its subject is concrete and not abstract, real and not vague. It is the only civilised form of autobiography.”
—Oscar Wilde (1854–1900)