A case has “merit” if it has a good chance of succeeding. A case without merit is one without a good chance of succeeding.May 6, 2017
Merits, in law, are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias. The evidence is applied solely to cases decided on the merits, and any procedural matters are discounted. The term comes from Old French merite, meaning “reward” or “moral worth.”
The phrase “on the merits” refers to a case whose decision rests upon the law as it applied to the particular evidence and facts presented in the case. This is in opposition to cases whose decisions rest upon procedural grounds.
Without merit means a finding at the completion of an investigation by the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
“On the merits” refers to a judgment, decision, or ruling that a court will make based on the law, after hearing all of the relevant facts and evidence presented in court.
referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case “on the merits” when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome.
Definition of ‘merits’
1. the actual and intrinsic rights and wrongs of an issue, esp in a law case, as distinct from extraneous matters and technicalities.
A merit trial or trial on merits is a trial based on the essential facts of the case rather than on any technical rule of practice like failure of proper service or some jurisdictional defect. A decision or judgment is given by the judge after a full presentation of evidence.
The Merits Hearing is the stage in a removal proceeding at which the government and the foreign national present their substantive arguments for and against removal. The judge will consider both removability and any defenses at the same hearing. …
The main advantage of filing an appeal is that it gives the taxpayer a chance to resolve the case without the expense of litigation. A taxpayer or his representative may discuss and negotiate a case informally with the Appeals officer rather than in the stricter adversarial arena of a docketed case in Tax Court.
Adding “not without some merit” shows that the author agrees with Uber, at least in part. “Not without” is a double negative that is NOT used here for emphasis. It means, “It would be wrong to say this is completely false”. That’s not as strong as saying “it’s completely true”.
adj postpositive; foll by: of destitute or void (of); free (from)
Definitions of meritless. adjective. without merit. synonyms: good-for-naught, good-for-nothing, no-account, no-count, no-good, sorry worthless. lacking in usefulness or value.
The merits stage is the secondary stage of pleading in the Supreme Court, after the Court has already decided to exercise its discretion to hear and decide the case on the merits (by granting the petition for writ of certiorari.
A default judgment is a judgment “on the merits” and so may have claim preclusive effect.
Importantly, dismissal with prejudice pursuant to a settlement agreement constitutes a final judgment on the merits for the purposes of claim preclusion.
With regard only to the intrinsic quality of something or someone. For example, Who supports it doesn’t matter; we have to consider the idea solely on its merits, or The agency doesn’t care about her references but wants to hire candidates according to their merits. [
Some main advantages of legislation are as follows. Abrogative Power—It can change or annul old law, which control isn’t controlled by different sources. Effectiveness—It separates the elements of making law and overseeing it between the Legislature and the legal executive.
a quality or feature deserving censure. “they discussed the merits and demerits of her novel” synonyms: fault. Antonyms: merit, virtue.
Basis of merit means the value, excellence or superior quality of an individual’s work performance, as determined by a structured process comparing the employee’s performance against defined standards and, where possible, the performance of other employees of the same or similar class.
Term Definition Trial; Hearing on the Merits; Evidentiary Hearing – a formal court hearing, conducted under the rules of evidence, to decide the disputed issues filed in the complaint or summons. … The respondent, in turn, presents his or her case, evidence and testimony.
Likelihood of success on the merits is one of the factors considered by a court in determining whether to grant a preliminary injunction to a plaintiff. Because a preliminary injunction is an extraordinary remedy, this factors is important because it establishes that the plaintiff will probably win the case anyway.
The individual or “merits hearing is typically the most important hearing in any non-citizen’s removal proceedings. It is where the non-citizen will get the chance to present arguments before an Immigration Judge (IJ) and defend his or her right to remain in the United States.
Appeals can be one of the less expensive parts of the overall litigation process. Nonetheless, the appeal will add to your legal bills and, if the case then goes back to the trial court, the costs will increase further. This has to be weighed against what you stand to gain by appealing.
Benefits of giving reasons for decisions
Giving reasons for administrative decisions provides the following benefits: More public confidence in the decision; • More consistency in decision making; and • Fairness and transparency in decision making.
The national average is that 4 percent of those appeals succeed, compared to 21 percent civil cases that are overturned. However, success doesn’t mean you’re off the hook, it means you get a new trial.
it means “with”, but it’s usually a way to place emphasis on that fact that is being stated. for example, “it’s not without challenge that we’ve come to that decision“, which basically means “we’ve come to that decision with difficulty.”
Merit means “worthiness or excellence.” If you receive a certificate of merit in school, you are being recognized for doing a good job. As a verb, merit means “deserve.” Your certificate might merit a prominent place on your bulletin board!
The merits of something are its advantages or other good points.
The tendency to mistake objective merit for investment opportunity, and the failure to distinguish between good assets and good buys, get most investors in trouble.”
Void – An empty space or hole (noun). To cancel something (verb). Devoid – Completely lacking, destitue, or empty (adjective).
lacking, without, free from, free of, empty of, vacant of, void of, bare of, barren of, bereft of, drained of, denuded of, deprived of, depleted of, destitute of, bankrupt of. wanting, in need of.
adjective. capable of being used up; capable of being exhausted. “our exhaustible reserves of fossil fuel” Synonyms: finite. bounded or limited in magnitude or spatial or temporal extent.
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