On the merits definition

On the merits means that the factual issues directly involved must have been actually litigated and determined." Slowinski v. Valley Nat'l Bank, 264 N.J. Super. 172, 183 (App. Div. 1993). "In the case of a judgment entered by confession,

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On the merits means that the factual issues directly involved must have been actually litigated and determined." Slowinski v. Valley Nat'l Bank, 264 N.J. Super. 172, 183 (App.

On the merits generally means that the previous lawsuit was decided on a motion for summary judgment or after a trial or was dismissed with prejudice.

Examples of On the merits in a sentence

However, the Parties may support the proceeding with testimonies or documents in any other language, as decided by the arbitrators, with no need for a sworn translation; On the merits, the arbitrators shall decide based on the Brazilian laws; The arbitration award shall be final and its content shall bind the Parties.
An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: • On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented • That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process.
An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: • On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented.
The parties in the litigation may, however, support the proceeding with testimonies or documents in any other language, as decided by the arbitrators, with no need for a sworn translation; On the merits, the arbitrators shall decide based on the Brazilian laws; The arbitration award shall be final and its content shall bind the signatories.
An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds:  On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented  That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process.

More Definitions of On the merits

On the merits for these purposes means the foreign court has held that it has jurisdiction to adjudicate upon the issue raised in the cause of action and that its judgment is one that cannot be varied, reopened, or set aside by the court that delivered it or any court of coordinate jurisdiction108.

On the merits means that the court must have considered the merits of the case, whether in fact or in law, and must not have acquitted the accused because of some technical irregularity in the procedure. Where a trial proves abortive because of such irregularity, the accused may be brought to trial de novo and the plea of autrefois acquit cannot prevail. Even when a court errs in law in acquitting the accused, the acquittal is on the merits. It isn’t always easy to decide whether an irregularity is merely technical or not. Whether the acquittal can be said to have been “on the merits”, depends on the nature of the irregularity – Moodie and Naidoo.

On the merits means that the factual issues directly involved must have been actually litigated and determined." Adelman v. BSI Fin. Servs., Inc., 453

On the merits means that the factual issues directly involved must have been actually litigated and determined.” Slowinski v. Valley Nat. Bank, 264 N.J. Super. 172, 183, 624 A.2d 85, 91, (N.J. Super. Ct. App. Div. 1993) (citation omitted). “The application of the collateral estoppel doctrine is not automatic, and [it] should not be applied ‘if there are sufficient countervailing interests.’” Mullarkey v. Tamboer (In re Mullarkey), 536 F.3d 215, 225 (3d Cir. 2008). Moreover, a subsequent court, in determining whether an issue is collaterally estopped, must carefully review the entire record of the prior proceeding to ensure that the above factors are met. See Crimii Mae Services Ltd. P’ship v. Hurley (In re Hurley), 285 B.R. 871, 876 (Bankr. D.N.J. 2002); Penn-Am. Ins. Co. v. Himowitz (In re Himowitz), 162 B.R. 109, 112 (Bankr. D.N.J. 1993) (“A determination of whether the [collateral estoppel] standards are met should be made in the first instance by the bankruptcy judge after a careful review of the record of the prior case, a hearing at which the parties have the opportunity to offer evidence, and the making of findings of fact and conclusions of law.”).

On the merits means “where there was an opportunity to prosecute on the merits”

On the merits adjudication means one that passes directly on the substance of a particular claim).

On the merits is a term of art that means that a judgment is rendered only after a court has evaluated the relevant evidence and the parties’ substantive arguments. A judgment is upon the merits when it