How do I Determine If a Case Is Meritorious?
State and federal rules of civil procedure generally require that a case be meritorious, or the judge may dismiss the action. Additionally, the term meritorious often applies to defenses in a civil case. In order to claim a defense, it must be a meritorious defense. As a rule, your attorney will be responsible for determining the merits of a civil claim or defense. If, however, you are representing yourself in a civil action, then you need to make sure that your claim is meritorious.
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Instructions
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Determine the basis of your claim or complaint. The basis may be that you are upset over the condition of your neighbor's yard, or that you want to prevent your ex-spouse from having contact with your children.
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Reduce your complaint or claim to one sentence. By doing this you will find the key words that you will need for your research. For instance "My neighbor owes me money for running over my plants."
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Research the state statutes for the state you live in. Start with a table of contents and look for a chapter or section that would apply to your situation. Many statutes can be searched as well by utilizing key words. State statutes can be found online, at the local library, or at a law library.
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Read any case law you can locate that applies to your situation. LexisNexis is an online database of statutes and case law used by many attorneys. It can be accessed and searched for a fee by non-lawyers as well. The Georgetown Law Library also offers a list of free or low-cost legal research alternatives.
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Gather all the information you have found relating to your claim or complaint and determine whether the issue has been litigated before and whether the results favor your case. If they do, then you likely have a meritorious case. If they do not, but there is some case law in your favor, you may be able to argue that you have a meritorious case. Additionally, if it appears that the issue has never been litigated before, you may also be able to claim that your case is meritorious.
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