Merit in the legal context, refers to a claim which has a valid basis, setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right. Therefore, a merit hearing is one in which one side presents to the judge the facts which support their side of a case or ruling. Conversely, the other side will attempt to prove that the proponent's case has NO merit.
The word merit is a term subject to various meanings, but in a legal context, merit refers to a claim which has a valid basis, setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right.
How this would relate to a 'trial' of the type the questioner asks about is unknown,
EXCEPT that what it might actually mean is that a judge is willing to hear a motion, an argument, or conduct a hearing, "based on its merits." This might mean that they will listen to an argument to detemine IF any valid legal grounds exist for them to consider. Such a hearing would probably NOT be conducted in front of a jury. Since the question was posted under "Divorce and Marriage Law" category, it is safe to say that such civil actions are NOT jury demandable.
No. A 'hearing' is held in front of judge or judicial officer alone.
You generally don't have a right to a trial by jury in a child custody case; it would be a bench trial where the judge tries the case. It is still a trial on the merits, however, because evidence and defenses based on what is important in the substantive law are heard, and factual disputes are decided.
Another name for a trial jury is "a panel of one's peers". To be fair, the court tries to have people on the jury that are educated and willing to participate in a fair trial.
In a jury trial, the case is heard and decided by a group of impartial individuals (the jury). In a bench trial, the case is heard and decided by a judge without a jury. The judge determines the outcome based on the evidence and arguments presented in court.
The right to a jury trial and a fair hearing.
Trial by jury is guaranteed by the first amendment.
The right to a trial by jury is a right to all citizens in the United States. The trial by jury is part of the criminal procedure.
It depends on the parties in a case to demand for the Jury Trial. It is the plaintiffs right to demand for the Jury or Judge Trial. If the case is involved trial of a heinous crime or matter of public importance, case will be tried by the Jury.
Trial by jury is the right of Americans to be tried for their crimes and judged by a jury of their peers. Trial by jury is guaranteed in the 6th Amendment of the U.S. Constitution.
In a bench trial, yes. In a jury trial, this is up to the jury.
The jury in a jury trial. In the event of a bench trial, the trial judge.
The defendant can request a trial held only in front of a judge (bench trial) or trial held in front of a jury (jury trial). In some cases (capital crimes) the option is not offered and a trial by jury is mandatory.
Yes, it is.