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Simple English definitions for legal terms

likelihood-of-success-on-the-merits test

Read a random definition: benefit-of-bargain rule

A quick definition of likelihood-of-success-on-the-merits test:

Likelihood-of-success-on-the-merits test: A rule in civil procedure that requires a person who wants to stop something from happening (like a court decision) to show that they have a good chance of winning their case. It's like saying, "I think I can win this, so please don't make me do something I don't want to do until the case is over."

A more thorough explanation:

The likelihood-of-success-on-the-merits test is a rule in civil procedure that requires a party seeking a preliminary injunction or trying to prevent the effects of a judgment during an appeal to demonstrate a reasonable probability of success in the litigation or appeal.

Let's say a company is suing another company for patent infringement. The plaintiff company wants to prevent the defendant company from selling the allegedly infringing product while the case is ongoing. To do so, the plaintiff company must show a likelihood of success on the merits of the case. This means that the plaintiff company must demonstrate that it is likely to win the case and that the defendant company is indeed infringing on its patent.

Another example could be a defendant who has been found guilty of a crime and is appealing the decision. If the defendant wants to avoid being sent to jail while the appeal is ongoing, they must show a likelihood of success on the merits of the appeal. This means that the defendant must demonstrate that there is a reasonable probability that the appeal will be successful and that they will not have to serve their sentence.

These examples illustrate how the likelihood-of-success-on-the-merits test is used in civil procedure to determine whether a party is entitled to a preliminary injunction or to prevent the effects of a judgment during an appeal. It ensures that parties do not use these measures frivolously and that there is a reasonable chance of success in the underlying case or appeal.

likelihood-of-confusion test | limbo time

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18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
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