Merit (law)

Last updated

In law, merits are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias. The evidence is applied solely to cases decided on its merits, and any procedural matters are discounted.

The term comes from Old French merite, meaning "reward" or "moral worth".


Related Research Articles

<span class="mw-page-title-main">International Court of Justice</span> Primary judicial organ of the United Nations

The International Court of Justice, also called the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law.

Meritocracy is the notion of a political system in which economic goods or political power are vested in individual people based on ability and talent, rather than wealth or social class. Advancement in such a system is based on performance, as measured through examination or demonstrated achievement. Although the concept of meritocracy has existed for centuries, the first known use of the term was by sociologist Alan Fox in the journal Socialist Commentary in 1956. It was then popularized by sociologist Michael Dunlop Young, who used the term in his dystopian political and satirical book The Rise of the Meritocracy in 1958. Today, the term is often utilised to refer to social systems, in which personal advancement and success are primarily attributed to an individual's capabilities and merits.

Prima facie is a Latin expression meaning at first sight or based on first impression. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of primus ('first') and facies ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it".

<span class="mw-page-title-main">Prayer wheel</span> Devotional tool in Buddhism

A prayer wheel is a cylindrical wheel on a spindle made from metal, wood, stone, leather, or coarse cotton, widely used in Tibet and areas where Tibetan culture is predominant.

In the United Kingdom and the British Overseas Territories, personal bravery, achievement, or service are rewarded with honours. The honours system consists of three types of award:

In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".

National Association for the Advancement of Colored People v. Alabama, 357 U.S. 449 (1958), was a landmark decision of the US Supreme Court. Alabama sought to prevent the NAACP from conducting further business in the state. After the circuit court issued a restraining order, the state issued a subpoena for various records, including the NAACP's membership lists. The Supreme Court ruled that Alabama's demand for the lists had violated the right of due process guaranteed by the Fourteenth Amendment to the United States Constitution.

In Christian theology, merit is a good work done that is "seen to have a claim to a future reward from a graceful God". The role of human merit in Christian life is a point of dispute between Catholics and Protestants.

<span class="mw-page-title-main">Order of Merit of the Federal Republic of Germany</span> Federal decoration of Germany

The Order of Merit of the Federal Republic of Germany is the only federal decoration of Germany. It is awarded for special achievements in political, economic, cultural, intellectual or honorary fields. It was created by the first President of the Federal Republic of Germany, Theodor Heuss, on 7 September 1951. Colloquially, the decorations of the different classes of the Order are also known as the Federal Cross of Merit.

A review is an evaluation of a publication, product, service, or company or a critical take on current affairs in literature, politics or culture. In addition to a critical evaluation, the review's author may assign the work a rating to indicate its relative merit.

<span class="mw-page-title-main">Order (distinction)</span> Visible honour awarded to an individual recipient

An order is a visible honour awarded by a sovereign state, monarch, dynastic house or organisation to a person, typically in recognition of individual merit, that often comes with distinctive insignia such as collars, medals, badges, and sashes worn by recipients.

A breed registry, also known as a herdbook, studbook or register, in animal husbandry and the hobby of animal fancy, is an official list of animals within a specific breed whose parents are known. Animals are usually registered by their breeders while they are young. The terms studbook and register are also used to refer to lists of male animals "standing at stud", that is, those animals actively breeding, as opposed to every known specimen of that breed. Such registries usually issue certificates for each recorded animal, called a pedigree, pedigreed animal documentation, or most commonly, an animal's "papers". Registration papers may consist of a simple certificate or a listing of ancestors in the animal's background, sometimes with a chart showing the lineage.

<span class="mw-page-title-main">Supreme Court of Florida</span> Highest court in the U.S. state of Florida

The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven justices–one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large.

DeFunis v. Odegaard, 416 U.S. 312 (1974), was a United States Supreme Court case in which the Court held that the case had become moot and so declined to render a decision on the merits. American student Marco DeFunis, who had been denied admission to the University of Washington School of Law in the state of Washington before he was provisionally admitted during the pendency of the case, was slated to graduate within a few months of the decision being rendered.

<span class="mw-page-title-main">Award of Garden Merit</span> Mark of quality awarded to garden plants by the British Royal Horticultural Society

The Award of Garden Merit (AGM) is a long-established annual award for plants by the British Royal Horticultural Society (RHS). It is based on assessment of the plants' performance under UK growing conditions.

<span class="mw-page-title-main">Whistleblower Protection Act</span> US law regarding protection of federal whistleblowers

The Whistleblower Protection Act of 1989, 5 U.S.C. 2302(b)(8)-(9), Pub.L. 101-12 as amended, is a United States federal law that protects federal whistleblowers who work for the government and report the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health and safety. A federal agency violates the Whistleblower Protection Act if agency authorities take retaliatory personnel action against any employee or applicant because of disclosure of information by that employee or applicant.

Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court by an immigration judge (IJ).

Barr v. City of Columbia, 378 U.S. 146 (1964), is a United States Supreme Court decision that reversed the breach of peace and criminal trespass convictions of five African Americans who were refused service at a lunch counter of a department store. The Court held that there was insufficient evidence to support the breach of peace convictions, and reversed the criminal trespass convictions for the reasons stated in another case that was decided that same day, Bouie v. City of Columbia, which held that the retroactive application of an expanded construction of a criminal statute was barred by due process of ex post facto laws.

Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.

Uttarakhand Lok Adalat or Uttarakhand State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Uttarakhand. The Uttarakhand Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “access to justice for all”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.