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to rule on the admissibility and merits

English translation: rule whether it falls within the rules of what may be considered and decide upon the substance


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:to rule on the admissibility and merits
English translation:rule whether it falls within the rules of what may be considered and decide upon the substance
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15:23 Jul 17, 2011
    The asker opted for community grading. The question was closed on 2011-07-20 20:54:13 based on peer agreement (or, if there were too few peer comments, asker preference.)


English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: to rule on the admissibility and merits
Hello, can you help me understand the exact meaning of the phrase in subject, the whole sentence being:
"Court decided to rule on the admissibility and merits of the application at the same time."
I understand it means that court decided that the application may be handled by the court (admissability) and is substantiated enough / court satisfied it (merits).
Am I right?
Thank you!
ThePaladin
rule whether it falls within the rules of what may be considered and decide upon the substance
Explanation:
Admissibility is whether the application falls within the rules and regulations of what matters the court may consider. Ruling upon the merits of the application at the same time, means that if the court gives a positive ruling on admissibility, then it will give a ruling on whether or not it grants whatever is asked for in the application at the same time, i.e. immediately rather than at a future hearing.
Selected response from:

B D Finch
France
Local time: 03:16
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2rule whether it falls within the rules of what may be considered and decide upon the substance
B D Finch
4 +1to rule on the evidence determined useful and the facts presented in evidence
Michael Powers (PhD)
Summary of reference entries provided
on the merits
Michael Powers (PhD)

Discussion entries: 2





  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
to rule on the evidence determined useful and the facts presented in evidence


Explanation:
This is my understanding. Please see the reference copies from the Internet with the sources cited after the quotes.

Mike

Michael Powers (PhD)
United States
Local time: 21:16
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 64

Peer comments on this answer (and responses from the answerer)
agree  Thuy-PTT
2 days17 hrs
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23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
rule whether it falls within the rules of what may be considered and decide upon the substance


Explanation:
Admissibility is whether the application falls within the rules and regulations of what matters the court may consider. Ruling upon the merits of the application at the same time, means that if the court gives a positive ruling on admissibility, then it will give a ruling on whether or not it grants whatever is asked for in the application at the same time, i.e. immediately rather than at a future hearing.

B D Finch
France
Local time: 03:16
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 36
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  vierama
2 hrs
  -> Thanks vierama

agree  amarpaul
2 days17 hrs
  -> Thanks amarpaul
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Reference comments


5 mins
Reference: on the merits

Reference information:
on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome. Example: An attorney is two days late in filing a set of legal points and authorities in opposition to a motion to dismiss. Rather than dismiss the case based on this technical procedural deficiency, the judge considers the case "on the merits" as if this mistake had not occurred.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

Michael Powers (PhD)
United States
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 64
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