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.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
merits
the actual and intrinsic rights and wrongs of an issue as distinct from extraneous matters and technicalities.Collins Dictionary of Law © W.J. Stewart, 2006
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.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.