trial on the merits
A trial on the substantive issues of a case, as opposed to a motion hearing or interlocutory matter.
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Search Results for: trial on the merits
mistrial
mistrial. 1. A trial that the judge brings to an end, without a determination on the merits, because of a procedural error or serious misconduct occurring during the proceedings. [Cases: Criminal Law 867; Federal Civil Procedure 1951; Trial 18. C.J.S. Criminal Law §§ 1388–1390; Trial§§ 91–92.] 2. A trial that ends inconclusively because the jury
merits
merits. 1. The elements or grounds of a claim or defense; the substantive considerations to be taken into account in deciding a case, as opposed to extraneous or technical points, esp. of procedure (trial on the merits). 2. EQUITY(3) (on questions of euthanasia, the Supreme Court has begun to concern itself with the merits as
disposition without a trial
disposition without a trial. The final determination of a criminal case without a trial on the merits, as when a defendant pleads guilty or admits sufficient facts to support a guilty finding without a trial.
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guilty plea
An accused person’s formal admission in court of having committed the charged offense. • A guilty plea is usu. part of a plea bargain. It must be made voluntarily, and only after the accused has been informed of and understands his or her rights. A guilty plea ordinarily has the same effect as a guilty
substantial justice
Justice fairly administered according to rules of substantive law, regardless of any procedural errors not affecting the litigant’s substantive rights; a fair trial on the merits.
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writ of error
writ of error. 1. A writ issued by an appellate court directing a lower court to deliver the record in the case for review. Cf. ASSIGNMENT OF ERROR. [Cases: Appeal and Error 5, 398. C.J.S. Appeal and Error §§ 9–12, 18, 356, 724.] “The writ of error is the most common of all the forms
two dismissal rule
two-dismissal rule. The rule that a notice of voluntary dismissal operates as an adjudication on the merits — not merely as a dismissal without prejudice — when filed by a plaintiff who has already dismissed the same claim in another court. [Cases: Federal Civil Procedure 1714; Pretrial Procedure 519. C.J.S. Dismissal and Nonsuit § 13.]
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respondeat ouster
respondeat ouster (ri-spon-dee-at ow-st[schwa]r). [Latin “let him make further answer”] An interlocutory judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits. — Also termed judgment respondeat ouster. [Cases: Pleading 111.47.] “In case of felony, if the plea be held bad, the judgment is