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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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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