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Simple English definitions for legal terms

likelihood-of-success-on-the-merits test

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A quick definition of likelihood-of-success-on-the-merits test:

Likelihood-of-success-on-the-merits test: A rule in civil procedure that requires a person who wants to stop something from happening (like a court decision) to show that they have a good chance of winning their case. It's like saying, "I think I can win this, so please don't make me do something I don't want to do until the case is over."

A more thorough explanation:

The likelihood-of-success-on-the-merits test is a rule in civil procedure that requires a party seeking a preliminary injunction or trying to prevent the effects of a judgment during an appeal to demonstrate a reasonable probability of success in the litigation or appeal.

Let's say a company is suing another company for patent infringement. The plaintiff company wants to prevent the defendant company from selling the allegedly infringing product while the case is ongoing. To do so, the plaintiff company must show a likelihood of success on the merits of the case. This means that the plaintiff company must demonstrate that it is likely to win the case and that the defendant company is indeed infringing on its patent.

Another example could be a defendant who has been found guilty of a crime and is appealing the decision. If the defendant wants to avoid being sent to jail while the appeal is ongoing, they must show a likelihood of success on the merits of the appeal. This means that the defendant must demonstrate that there is a reasonable probability that the appeal will be successful and that they will not have to serve their sentence.

These examples illustrate how the likelihood-of-success-on-the-merits test is used in civil procedure to determine whether a party is entitled to a preliminary injunction or to prevent the effects of a judgment during an appeal. It ensures that parties do not use these measures frivolously and that there is a reasonable chance of success in the underlying case or appeal.

likelihood-of-confusion test | limbo time

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ParallelAgreeableOrangutan
15:56
I wanna be in Michigan in the summer and only in the summer
fair
@ParallelAgreeableOrangutan: true, maybe the lack of safeties is indicative of a monetary cushion for failure
NosyBeagle
15:57
no matter where i go i'll be shaking ass. ya girl beagle is POOR
15:59
wtf goin on at notre dame i wonder
ParallelAgreeableOrangutan
16:00
@JupitersMoons: ooh good point! meanwhile all my safeties WLed me anyway, so much for safe
16:00
maybe they ghosting me cus i said im part of the lgbt
wasn't there 30 percent more applicants
there were no safties
ParallelAgreeableOrangutan
16:02
was ND's app the one that wanted to know marital status and a bunch of other irrelevant Qs?
16:04
i totally forgot i filled it out like frikcing 6months ago
16:04
omg im gona shit my pants at work
ParallelAgreeableOrangutan
16:05
no did you take a laxative
16:06
no dude hell no im so scared of laxatives since my bulimia phase
body is just relaspsing
@ParallelAgreeableOrangutan: I was just putting in A's first, I also got rejected by Yale and WL at Chicago
ParallelAgreeableOrangutan
16:07
HI FRIEND guys a celebrity has entered the chat
ParallelAgreeableOrangutan
16:11
oh no it's a Friday fo pee em UMich R wave :(
16:17
i aint going outside no more
16:17
too many ticks
idk who we were talking about but I would also take mich $$ over hls
16:22
yay
sometimes I wonder why they gave me so much money
ParallelAgreeableOrangutan
16:33
because you're amazing and you deserve good things
16:40
awe yea
16:40
u gona be the best queenest lawyer ever
16:41
where llama
oh hey I just got a GW WL feeler
NosyBeagle
16:56
omg sloth u poop
ParallelAgreeableOrangutan
17:22
@JupitersMoons: !!! crossing fingers for you
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