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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.

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damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
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