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Meaning of Merits According to Law

Posted 17. November 2022 by Logistik-Express in Allgemein

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. 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. 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. No. 511; 6 Cowen, r. 895. Adj. Reference to a judgment, decision or judgment of a court based on the facts presented as evidence and the law applied 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. The term comes from the old French merit and means “reward” or “moral value”. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. The strict legal rights of the parties to a dispute. which is used for a court`s decision based on the facts presented.

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