Which term refers to a new trial starting from the initial point?

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Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

Which term refers to a new trial starting from the initial point?

Explanation:
De novo means starting from the beginning, a fresh start. In the trial context, a trial de novo is a full reset where the case is heard again as if no prior proceedings had occurred, with fresh evidence and arguments and the matter considered anew. This is why it is described as starting from the initial point. The other terms refer to different ideas: a decision is simply the court’s ruling; a default happens when a party fails to appear or plead, leading to judgment by default; a count is a specific charge in an indictment or complaint.

De novo means starting from the beginning, a fresh start. In the trial context, a trial de novo is a full reset where the case is heard again as if no prior proceedings had occurred, with fresh evidence and arguments and the matter considered anew. This is why it is described as starting from the initial point.

The other terms refer to different ideas: a decision is simply the court’s ruling; a default happens when a party fails to appear or plead, leading to judgment by default; a count is a specific charge in an indictment or complaint.

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