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LSDefine

Simple English definitions for legal terms

failure otherwise than on the merits

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A quick definition of failure otherwise than on the merits:

Failure otherwise than on the merits means that a plaintiff's claim is dismissed without a decision on whether the claim is valid or not. This happens when a procedural mistake is made, like missing a deadline or not following the correct legal process. It does not mean that the plaintiff's claim is wrong, just that they did not follow the correct procedures to make their claim.

A more thorough explanation:

Definition: Failure otherwise than on the merits refers to the defeat of a plaintiff's claim by a procedural device without a decision on the existence of the claim's elements.

Example: If a plaintiff fails to file a lawsuit within the statute of limitations, the case may be dismissed due to failure otherwise than on the merits. This means that the case was not dismissed because the plaintiff's claim lacked merit, but rather because of a procedural error.

Explanation: Failure otherwise than on the merits occurs when a case is dismissed for reasons other than the substance of the plaintiff's claim. This can happen due to procedural errors, such as missing a deadline or failing to follow court rules. In such cases, the court does not make a decision on the merits of the case, but rather dismisses it based on procedural grounds.

failure of will | failure to bargain collectively

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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