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Simple English definitions for legal terms

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

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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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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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