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:
“He will not idly dance at his work who has wood to cut and cord before nightfall in the short days of winter; but every stroke will be husbanded, and ring soberly through the wood; and so will the strokes of that scholar’s pen, which at evening record the story of the day, ring soberly, yet cheerily, on the ear of the reader, long after the echoes of his axe have died away.”
—Henry David Thoreau (1817–1862)