0
Merit in the legal context, refers to a claim which has a valid basis, setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right. Therefore, a merit hearing is one in which one side presents to the judge the facts which support their side of a case or ruling. Conversely, the other side will attempt to prove that the proponent's case has NO merit.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoThe word merit is a term subject to various meanings, but in a legal context, merit refers to a claim which has a valid basis, setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right.
How this would relate to a 'trial' of the type the questioner asks about is unknown,
EXCEPT that what it might actually mean is that a judge is willing to hear a motion, an argument, or conduct a hearing, "based on its merits." This might mean that they will listen to an argument to detemine IF any valid legal grounds exist for them to consider. Such a hearing would probably NOT be conducted in front of a jury. Since the question was posted under "Divorce and Marriage Law" category, it is safe to say that such civil actions are NOT jury demandable.
Wiki User
∙ 13y agoNo. A 'hearing' is held in front of judge or judicial officer alone.
Add your answer:
Earn +20 pts
Since child custody in Texas can be decided by a jury trial is a trial on merits setting the actual jury trial setting or something else?
You generally don't have a right to a trial by jury in a child custody case; it would be a bench trial where the judge tries the case. It is still a trial on the merits, however, because evidence and defenses based on what is important in the substantive law are heard, and factual disputes are decided.
What is a regular trial jury called?
Another name for a trial jury is "a panel of one's peers". To be fair, the court tries to have people on the jury that are educated and willing to participate in a fair trial.
What is the difference between a jury trial and a bench trial?
A bench trial is a trial by a judge as opposed to a trial by a jury.
Which right is protected by the Seventh Amendment?
The right to a jury trial and a fair hearing.
What guarantees trial by jury?
Trial by jury is guaranteed by the first amendment.
Trial by jury and natural rights?
The right to a trial by jury is a right to all citizens in the United States. The trial by jury is part of the criminal procedure.
Why do you have trial by jury?
It depends on the parties in a case to demand for the Jury Trial. It is the plaintiffs right to demand for the Jury or Judge Trial. If the case is involved trial of a heinous crime or matter of public importance, case will be tried by the Jury.
What is trial by jury and where is it in the constitution?
Trial by jury is the right of Americans to be tried for their crimes and judged by a jury of their peers. Trial by jury is guaranteed in the 6th Amendment of the U.S. Constitution.
Is it the trial judges job to determine the credibility of a witness?
In a bench trial, yes. In a jury trial, this is up to the jury.
Who decides the facts that lead to a death sentence?
The jury in a jury trial. In the event of a bench trial, the trial judge.
Describe the procedures leading to bench and jury trials?
The defendant can request a trial held only in front of a judge (bench trial) or trial held in front of a jury (jury trial). In some cases (capital crimes) the option is not offered and a trial by jury is mandatory.
Is a criminal jury a trial jury?
Yes, it is.
