Paralegal Advanced Competency Exam (PACE) Practice Exam

In which situation would a De Novo trial be applicable?

1. When appealing a previous judgment

2. When starting fresh without prior hearings

3. When a case has been decided

4. When a lawyer changes firms

The correct answer is: When starting fresh without prior hearings

A De Novo trial occurs when a case is heard again from the beginning, effectively starting fresh without considering previous hearings or judgments. This is particularly relevant in situations where a party is dissatisfied with the outcome of an initial hearing, often in a lower court or administrative agency context. In a De Novo trial, the reviewing court or tribunal has the authority to reevaluate all facts, evidence, and legal arguments as if the case had never been previously heard. This allows for a comprehensive reassessment of the situation, providing a fair opportunity to present all arguments and evidence anew. The first option regarding appealing a previous judgment refers to the common practice of reviewing decisions made by lower courts, which typically does not allow for a complete retrial of the case but rather focuses on legal errors. The third option about a case that has already been decided implies that the matter is closed, making a fresh trial unnecessary. The last option concerning a lawyer changing firms does not pertain to the trial process itself but rather to professional relationships, thus not applicable in the context of a De Novo trial. By starting from scratch, a De Novo trial serves to ensure justice is served when procedural or substantive issues may have impacted the initial decision.