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:
“Human beings are compelled to live within a lie, but they can be compelled to do so only because they are in fact capable of living in this way. Therefore not only does the system alienate humanity, but at the same time alienated humanity supports this system as its own involuntary masterplan, as a degenerate image of its own degeneration, as a record of people’s own failure as individuals.”
—Václav Havel (b. 1936)