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,

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.

• On the merits, we agree with EDF that the Commission’s refusal to seriously engage with nonfrivolous arguments challenging the probative weight of the affiliated precedent agreement under the circumstances of this case did not evince reasoned and principled decisionmaking.

• 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.

• On the merits of the issues raised, and in the interest of compliance with the TCA “reasonable time” standard, the PSC should promptly move to final decision on the Application without regard to the SBA Comment.

• On the merits, the government argues that there is no ex post facto violation because, under the one- book rule, the latter version of the Guidelines applies when the earlier offense is grouped with a subsequent crime.

More Definitions of On the merits

On the merits in this context means that the court has held that it has jurisdiction to adjudicate upon an issue raised in the cause of action to which the particular set of facts give rise; and that its judgment on that cause of action is one that cannot be varied, re-opened or set aside by the court that delivered it or any other court of co-ordinate jurisdiction although it may be subject to appeal to a court of higher jurisdiction: The Sennar (No. 2) [1985] 1 WLR 490 at p. 495 per Lord Diplock.

On the merits means--fully adjudicated by judge or jury trial, or

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 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

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 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.