Trial de novo appeals exist because lower courts keep no verbatim record.

Evidence

Courts of general jurisdiction decide more important civil cases and serious criminal cases. In several states they may also hear appeals, often with a new trial—called a trial de novo—from courts of limited jurisdiction. This new trial is necessary because limited jurisdiction courts do not keep a verbatim record of proceedings. — G. Alan Tarr, Judicial Process and Judicial…, 417

Categorization

• DEFINE: Defines trial de novo and explains its procedural rationale.
• XREF: connects to: Courts refuse constitutional questions based upon inadequate factual records — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 909; Jury determinations cannot generalize into law because juries lack a recorded rationale. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 167

Broader Connections

• Courts refuse constitutional questions based upon inadequate factual records #qualifies (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 909