The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. The strict legal rights of the parties to a dispute. adj. Reference to a judgment, decision or decision of a court based on the facts presented as evidence and the law applicable to that evidence. A judge decides a case “on the merits” if he or she bases his or her decision on the fundamental issues and considers that the technical and procedural defences are irrelevant or have been overcome. Example: A lawyer is two days late in filing a number of legal and authority points against a motion to dismiss. Instead of dismissing the case on the basis of this technical procedural defect, the judge considers the case “on the merits” as if this error had not occurred. FindLaw.com Free and reliable legal information for consumers and legal professionals Are you a lawyer? Visit our professional website » In law, merit consists of the inherent rights and injustices of a court case, without any emotional or technical bias. Evidence is applied only to cases decided on the merits and procedural issues are not taken into account.
The word substance refers to the content of a dispute, not to the technical details that may affect a claim. A judgment on the merits is the final resolution of a particular dispute. MERITS. This word is mainly used in matters of defence. 2. A defence on the merits is based on the fairness of the case and not only on technical grounds; So there is a difference between a good defence, which may or may not be technical, and a substantive defence. 5 B. & ald.
703 1 Ashm. No. 4; 5 John. R. 536; No. 360; 3 John. R. 245 Id. 449; 6 John.
No. 131; 4 John. R. 486; 2 Cowen, r. 281; 7 Cowen, r. 514; 6 Wend. R. 511; 6 Cowen, r.
895. At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. Abogado.com The #1 Spanish website on consumer legal issues LawInfo.com Nationwide Bar Directory and Legal Consumer Resources Source: Merriam-Webster`s Dictionary of Law ©1996. Licensed with Merriam-Webster, Incorporated. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. Copyright © 2022, Thomson Reuters. All rights reserved. SuperLawyers.com Directory of American Lawyers with Super Lawyers exclusive rating TermsPrivacy PolicyDisclaimerCookiesDon`t Sell My Information The term comes from Old French merite, which means “reward” or “moral value”.
Comments are closed.