merits


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Merits

The strict legal rights of the parties to a lawsuit.

The word merits refers to the substance of a legal dispute and not the technicalities that can affect a lawsuit. A judgment on the merits is the final resolution of a particular dispute.

merits

the actual and intrinsic rights and wrongs of an issue as distinct from extraneous matters and technicalities.

MERITS. This word is used principally in matters of defence.
     2. A defence upon the merits, is one that rests upon the justice of the cause, and not upon technical grounds only; there is, therefore, a difference between a good defence, which may be technical or not, and a defence on the merits. 5 B. & Ald. 703 1 Ashm. R. 4; 5 John. R. 536; Id. 360; 3 John. R. 245 Id. 449; 6 John. R. 131; 4 John. R. 486; 2 Cowen, R. 281; 7 Cowen, R. 514; 6 Wend. R. 511; 6 Cowen, R. 895.

References in classic literature ?
But we have seen apartments in the tenure of Americans of moderns [possibly "modest" or "moderate"] means, which, in negative merit at least, might vie with any of the or-molu'd cabinets of our friends across the water.
I cannot tell whether it was because I found them like my ideals here, or whether my ideals acquired merit because of their likeness to the realities there; they appeared to be all of one degree of enchanting loveliness; but upon the whole I must have preferred them in the plays, because it was so much easier to get on with them there; I was always much better dressed there; I was vastly handsomer; I was not bashful or afraid, and I had some defects of these advantages to contend with here.
He had the not very common type of mind that perceives the merit in others more readily than their faults, and in himself the faults more readily than the merit.
It was contrary to every doctrine of her's that difference of fortune should keep any couple asunder who were attracted by resemblance of disposition; and that Elinor's merit should not be acknowledged by every one who knew her, was to her comprehension impossible.
You come from that country, you are a Frenchman, and the orders which I see glittering upon your person announce you to be a man of merit as well as a man of quality.
Monsieur is well acquainted with England, whither he has made several voyages at various periods; he is a subject of the highest merit.
Yet on the other hand' - he loosed his rosary -'I have acquired merit by saving two lives - the lives of those that wronged me.
For your Fortune, and Merit both, have been Eminent.
It would have been better for the legislature to have passed over the poverty of men of merit, and only to have taken care to have ensured them sufficient leisure, when in office, to attend to public affairs.
That bell that you carry is not, believe me, any order of merit, but on the contrary a mark of disgrace, a public notice to all men to avoid you as an ill mannered dog.
It is a parody of the warlike epic, but has little in it that is really comic or of literary merit, except perhaps the list of quaint arms assumed by the warriors.
What merit these labours have is already known to yourself.