On the merits

On the merits

On the merits refers to a legal decision based on the facts in evidence and the law pertaining to those facts, because the judge considers technical and procedural defenses to be overcome or irrelevant.

This is related somewhat to equity, a group of rights and procedures intended to provide fairness, unhampered by technical requirements of the law. In either case, the court tries to "do the right thing".

King Edward III of England first established the separate High Court of Chancery to reach decisions based on equity or fairness, as opposed to the strict terms of the Common Law. Since then, most jurisdictions have merged courts of law and courts of equity into one court system.

Four American states (Arkansas, Delaware, Mississippi, and Tennessee), have retained separate Courts of Chancery. Delaware advertises to businesses that incorporation in their state is advantageous [ [http://www.tnr.com/doc.mhtml?i=20020819&s=chait081902&c=2 Rogue State] ] because of their streamlined and efficient bureaucracy and legal system, which includes a chancery court for business matters.

ee also


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • on the merits — adv. Based on the facts of a case and the rights of the parties involved. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. on the merits Referring to a ju …   Law dictionary

  • on the merits — based on the qualities of someone or something, or on the facts of a situation. The mayor makes job appointments only on the merits. Usage notes: used especially in legal decisions: His pardon was granted solely on the merits …   New idioms dictionary

  • on the merits — See judgment on the merits; merits of case …   Ballentine's law dictionary

  • judgment on the merits — see judgment 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. judgment on the merits …   Law dictionary

  • decision on the merits — An ultimate determination rendered by a court in an action that concludes the status of legal rights contested in a controversy and precludes a later lawsuit on the same cause of action by the parties to the original lawsuit. Dictionary from West …   Law dictionary

  • final decision on the merits — A determination of the merits of a cause which will, in due time, by operation of law, lead to a final judgment in the cause. Fisher v Sun Underwriters Ins. Co. 55 RI 175, 179 A 702, 103 ALR 1097 …   Ballentine's law dictionary

  • judgement on the merits — noun judgment rendered through analysis and adjudication of the factual issues presented • Syn: ↑judgment on the merits • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑judgment, ↑judgement, ↑ …   Useful english dictionary

  • judgment on the merits — noun judgment rendered through analysis and adjudication of the factual issues presented • Syn: ↑judgement on the merits • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑judgment, ↑judgement, ↑ …   Useful english dictionary

  • hearing on the merits — index action (proceeding) Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • plea to the merits — See pleading to the merits …   Ballentine's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”