adj. 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.
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