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. example: an attorney is two days late in filing a set of legal points and authorities in opposition to a motion to dismiss. rather than dismiss the case based on this technical procedural deficiency, the judge considers the case “on the merits” as if this mistake had not occurred.
Was This Term Helpful?
We're happy we could help you and thanks for the feedback you rock.
We have failed you and we'll live with that shame forever. Help us help you!
Still got a question or concern?
Click here to contact us or go back to the main Glossary page.