Permanent Injunction
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.
