In which scenario would an appellate court be able to conduct a "trial de novo"?

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A trial de novo refers to a new trial conducted in an appellate court, where the case is tried again as if there had been no previous trial and the prior decision was not made. This concept is often applicable in certain specific cases, particularly within the framework of small claims courts.

Small claims courts have simplified procedures intended to resolve minor monetary disputes efficiently and without the complexities of higher courts. When a decision from a small claims court is appealed, typically, the appellate court allows the trial de novo approach. This means that both parties can present their case anew, including new evidence and arguments, rather than simply reviewing the earlier court's application of law to the facts presented.

In contrast, appellate courts generally do not conduct a trial de novo for more serious criminal cases or for misdemeanors, as those typically focus on legal errors made during the original trial rather than a complete retrial. Moreover, appeals involving constitutional questions often analyze the application of law rather than re-litigating the facts of the case, which makes a trial de novo inappropriate in such contexts.

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