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LSDefine

Simple English definitions for legal terms

on the merits

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A quick definition of on the merits:

Term: on the merits

Definition: When a court makes a decision based on the facts and evidence presented in a case, it is said to be decided "on the merits." This is different from decisions based on procedural issues. If a decision is made on the merits, it is final and cannot be brought up again in a future case. However, if a decision is not made on the merits, the same claims can be brought up again in a future case.

A more thorough explanation:

Definition: The phrase “on the merits” refers to a case where the decision is based on the law and evidence presented in the case, rather than on procedural grounds.

For example, if a person sues their landlord for not fixing a leaky roof, and the court decides in favor of the tenant because the landlord did not fulfill their legal obligation to maintain the property, the decision is based on the merits of the case. However, if the case is dismissed because the tenant did not file the correct paperwork, the decision is based on procedural grounds and not on the merits of the case.

The distinction between decisions based on the merits and those based on procedural grounds is important because a decision on the merits is considered final and is bound by res judicata. This means that the parties involved in the case cannot raise the same claims in a subsequent case.

For example, if a person sues their employer for discrimination and loses the case, they cannot file the same claim in a different court. However, if the case was dismissed on procedural grounds, such as the person filing the claim in the wrong court, they may be able to file the same claim in a different court.

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starfishies
15:15
i def believe this tho dunno how true it is
starfishies
15:16
i worked blue collar jobs my summers during college and i feel like adm. eat that one essay up
starfishies
15:17
something i like from 1L of a ride is a section focused on who's advice to take and be weary of and the author said something like the least qualified are often the loudest advice givers
starfishies
15:17
so be weary law school forum goers
ronniedoeslaw
15:23
Reading is a form of meditation
15:24
omg im training a new girl tmw to take over my position and she twenny year old
15:25
when i was twenty i was drunk every night!! im nervous who else
NosyBeagle
15:31
real. I am mostly sober now. what a world
15:32
awe congrats i wish i could be sober maybe after law school
@bigfatsloth: Where are you going to attend?
15:44
wake forest unless notre dame accept me last second and offer a kabillion dollars
15:57
Whelp, my second full practice test is through
im mostly sober too
16:06
im ready to cook senior year and then hopefully move to Malibu :)
16:09
slay
16:11
yo yall bouttta miss the washu zoom
NosyBeagle
16:35
im not applying there. yall have fun
Mostlylegal
16:40
dude we getting litty in the washu zoom
Mostlylegal
16:40
thats where all the baddies hangout
Mostlylegal
16:40
just did coke off this one girls tits at the washu zoom, i cant believe people didnt sign up for this shit LMAO
did you hook up with the girl at your gulc interview
Mostlylegal
16:43
bruh I dont do hookups
Mostlylegal
16:43
but thanks for remembering
oh but coke is okay
Mostlylegal
16:56
it is not what goes into the mouth that defiles the man but what comes out of it.
Mostlylegal
16:56
can I get an amen?
NosyBeagle
17:01
AMEN
18:22
yall r some interesting folks in here
18:23
we gonna run some tests on u lot
18:37
ALRIGHT MAN
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