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Simple English definitions for legal terms

on the merits

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A quick definition of on the merits:

Term: on the merits

Definition: When a court makes a decision based on the facts and evidence presented in a case, it is said to be decided "on the merits." This is different from decisions based on procedural issues. If a decision is made on the merits, it is final and cannot be brought up again in a future case. However, if a decision is not made on the merits, the same claims can be brought up again in a future case.

A more thorough explanation:

Definition: The phrase “on the merits” refers to a case where the decision is based on the law and evidence presented in the case, rather than on procedural grounds.

For example, if a person sues their landlord for not fixing a leaky roof, and the court decides in favor of the tenant because the landlord did not fulfill their legal obligation to maintain the property, the decision is based on the merits of the case. However, if the case is dismissed because the tenant did not file the correct paperwork, the decision is based on procedural grounds and not on the merits of the case.

The distinction between decisions based on the merits and those based on procedural grounds is important because a decision on the merits is considered final and is bound by res judicata. This means that the parties involved in the case cannot raise the same claims in a subsequent case.

For example, if a person sues their employer for discrimination and loses the case, they cannot file the same claim in a different court. However, if the case was dismissed on procedural grounds, such as the person filing the claim in the wrong court, they may be able to file the same claim in a different court.

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
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?
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