On the merits definition

On the merits means that the factual issues directly involved must have been actually litigated and determined." Slowinski v. Valley Nat'l Bank, 264 N.J. Super. 172, 183 (App. Div. 1993). "In the case of a judgment entered by confession,

On the merits means that the factual issues directly involved must have been actually litigated and determined." Slowinski v. Valley Nat'l Bank, 264 N.J. Super. 172, 183 (App.

On the merits for these purposes means the foreign court has held that it has jurisdiction to adjudicate upon the issue raised in the cause of action and that its judgment is one that cannot be varied, reopened, or set aside by the court that delivered it or any court of coordinate jurisdiction108.

Examples of On the merits in a sentence

• However, the Parties may support the proceeding with testimonies or documents in any other language, as decided by the arbitrators, with no need for a sworn translation; On the merits, the arbitrators shall decide based on the Brazilian laws; The arbitration award shall be final and its content shall bind the Parties.

• On the merits, the unsuccessful party may only argue that matters preventing the enforcement of the decision have occurred since notice thereof was given, such as extinction, deferment, prescription or forfeiture of the right to due performance.

• On the merits of location, Engineer may order the contractor to remove excavated spoil at once and to bring it back for refilling.

• On the merits, the Court reiterates that according to its well-established case-law the expulsion of an asylum seeker by a Contracting State may give rise to an issue under Article 3, and hence engage the responsibility of that State under the Convention, where substantial grounds have been shown for believing that the person concerned faces a real risk of being subjected to torture or inhuman or degrading treatment or punishment in the receiving country.

• On the merits, we agree with EDF that the Commission’s refusal to seriously engage with nonfrivolous arguments challenging the probative weight of the affiliated precedent agreement under the circumstances of this case did not evince reasoned and principled decisionmaking.

More Definitions of On the merits

On the merits means--fully adjudicated by judge or jury trial, or

On the merits means that the case was decided at trial, on a post-trial motion, summary judgment and judgment was entered. This is a final decision.

On the merits in this context means that the court has held that it has jurisdiction to adjudicate upon an issue raised in the cause of action to which the particular set of facts give rise; and that its judgment on that cause of action is one that cannot be varied, re-opened or set aside by the court that delivered it or any other court of co-ordinate jurisdiction although it may be subject to appeal to a court of higher jurisdiction: The Sennar (No. 2) [1985] 1 WLR 490 at p. 495 per Lord Diplock.

On the merits means that the factual issues directly involved must have been actually litigated and determined.” Slowinski v. Valley Nat. Bank, 264 N.J. Super. 172, 183, 624 A.2d 85, 91, (N.J. Super. Ct. App. Div. 1993) (citation omitted). “The application of the collateral estoppel doctrine is not automatic, and [it] should not be applied ‘if there are sufficient countervailing interests.’” Mullarkey v. Tamboer (In re Mullarkey), 536 F.3d 215, 225 (3d Cir. 2008). Moreover, a subsequent court, in determining whether an issue is collaterally estopped, must carefully review the entire record of the prior proceeding to ensure that the above factors are met. See Crimii Mae Services Ltd. P’ship v. Hurley (In re Hurley), 285 B.R. 871, 876 (Bankr. D.N.J. 2002); Penn-Am. Ins. Co. v. Himowitz (In re Himowitz), 162 B.R. 109, 112 (Bankr. D.N.J. 1993) (“A determination of whether the [collateral estoppel] standards are met should be made in the first instance by the bankruptcy judge after a careful review of the record of the prior case, a hearing at which the parties have the opportunity to offer evidence, and the making of findings of fact and conclusions of law.”).

On the merits generally means that the previous lawsuit was decided on a motion for summary judgment or after a trial, or was dismissed with prejudice.

On the merits adjudication means one that passes directly on the substance of a particular claim).

On the merits is a term of art that means that a judgment is rendered only after a court has evaluated the relevant evidence and the parties’ substantive arguments. A judgment is upon the merits when it