What is a defining characteristic of a 'de novo' proceeding?

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A defining characteristic of a 'de novo' proceeding is that all evidence is reviewed anew. This means that the reviewing court or body does not merely evaluate the prior decision or record but instead considers the facts and evidence as if the original proceedings had not occurred. As a result, the decision-making process begins from scratch, providing an opportunity for a comprehensive reassessment of all pertinent information without being tied to previous findings or conclusions.

In contrast, the other options do not accurately describe a 'de novo' proceeding. For instance, while oral arguments can play a role in many legal proceedings, they are not exclusive to 'de novo' cases. Additionally, decisions in 'de novo' proceedings do not rely strictly on precedents but rather on the fresh examination of the facts at hand. Finally, a jury is not necessarily involved in all 'de novo' proceedings, as they can also be carried out before judges or administrative bodies, depending on the context of the case. Thus, the key element here is the fresh review of evidence that 'de novo' proceedings are known for.

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