id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
iiclr-27367	Lin, Mao-Hong	Trial and Error: A Comparative Perspective on the Lay Participation in Criminal Trials and Appellate Review of Errors in Taiwan	2023	35	.pdf	application/pdf	16921	969	64	Therefore, a de novo review denotes a do-over by which appellate courts don’t defer to trial courts and exercise their own independent judgment on the subject issue132 as if the trial court’s decision had not been extended before.133 In theory, there is little presumption of correctness in trial court decisions when appellate courts conduct reviews of legal matters on this basis,134 This scheme substantially lowers the risk of errors for it is usually not possible that all judges make mistakes on the same occasions.145 Instead, judges on appeal may cooperate with each other to refine their legal opinions and to reach decisional correctness with the help of full access to trial records.146 In general, appellate courts are required to address legal questions in four aspects under de novo review: application of settled law to the facts, interpretation of existing rules, selection or creation of a legal rule,147 and explanation of legal analysis.148 First, most cases simply need application of settled law to the facts, where trial courts go wrong less often, than in interpretation, selection or creation of legal rules.149 Thus, the application of laws by trial court decisions are presumed to be correct and deserve more deference than in other circumstances unless a clear showing otherwise.150 Second, interpretation of statutory provisions and sometimes of the Constitution plays a dominant role in cases at the appellate level.151	cache/iiclr-27367.pdf	txt/iiclr-27367.txt