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Under de novo review, the appellate court acts as if it were considering the question for the first time, giving no deference to the decision below. This standard applies to a lower court's findings on questions of law. This is sometimes referred to as "plenary review" or the "legal error" standard.
Prior to 2015, should a court dismiss a case at summary judgment, the claim construction was subject to de novo review. [3] After 2015, appeals are subject to the hybrid "clear error" standard. [18] However, studies are still to premature to determine whether reversal rates will remain as high as they have under a de novo review standard. [18]
When reviewing a district court’s resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a "clear error," not a de novo, standard of review. Court membership; Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy
The opinion held that the Federal Circuit court must apply a "clear error" standard to review questions of fact. In accordance with Mayer-Newman's dissent in Phillips, this opinion ended de novo review by the Federal Circuit when reviewing the meaning of claim terms.
An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an "abuse of discretion". This standard tends to be even more deferential than the "clear error" standard.
There were two circuit-split issues presented in Monasky v. Taglieri: 1) whether the standard on appeal is the highly deferential “clear error” review (if habitual residence is seen as a truly and only a factual question) or “de novo” (if it is really a mixed question of law and fact, or otherwise an issue of “ultimate fact”); and,
De novo review would unify precedent and provide clearer guidance for police. [6] The Court held that probable cause determinations for warrantless searches should be reviewed de novo, but also that "an appeals court should give due weight to a trial court's finding that the officer was credible and the inference was reasonable."
It is often used in the review of administrative proceedings or the judgements of a small claims court. If the determination made by a lower body is overturned, it may be renewed de novo in the review process (this is usually before it reaches the court system). Sometimes administrative decisions may be reviewed by the courts on a de novo basis.