On The Merits
Barron's Law Dictionary:
Top
On The Merits
Refers to a decision or judgment based upon the essential facts of the case rather than upon a technical rule of practice, such as a failure of proper service or other jurisdictional defect. See 2 Wyo. 465, 472.
A decision on the merits is rendered by the trier of fact after a full presentation of the evidence and determines finally the rights of the party, barring appeal or subsequent relitigation. 133 P. 2d 15, 17. A summary judgment may also be on the merits; however, a default judgment may not. See dismissal [dismissal with prejudice]; res judicata, trial [trial on the merits].
A decision on the merits is rendered by the trier of fact after a full presentation of the evidence and determines finally the rights of the party, barring appeal or subsequent relitigation. 133 P. 2d 15, 17. A summary judgment may also be on the merits; however, a default judgment may not. See dismissal [dismissal with prejudice]; res judicata, trial [trial on the merits].
Random House Word Menu:
Top
categories related to 'on the merits'
- Decisions, Judgments, and Conditions - on the merits: judgment based on facts of case, not legal technicality
Post a question - any question - to the WikiAnswers community:
Copyrights:
Barron's Law Dictionary
Law Dictionary. Copyright © 2003 by Barron's Educational Series, Inc. All rights reserved.
Read more
Mentioned in
Tasso, Torquato
(Quotes By)
Merits
(legal term)
Shostakovich: Symphony No. 5
(1990 Music Film)
on its merits
(Idiom)
Vel Non
(legal term)
» More