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:
“When our kids are young, many of us rush out to buy a cute little baby book to record the meaningful events of our young child’s life...But I’ve often thought there should be a second book, one with room to record the moral milestones of our child’s lives. There might be space to record dates she first shared or showed compassion or befriended a new student or thought of sending Grandma a get-well card or told the truth despite its cost.”
—Fred G. Gosman (20th century)