"Not the merits of the evidence but rather the..."
The merits of the evidence is a the basis for the merits of the case.
If you can't get over the first hurdle, your case is a non starter. It's always been this way.
As the plaintiff if you can't prove you've suffered "injury" by the defendant, rightly the judge should dismiss the case. As much as you'd love to tie the courts up with these rubbish cases, luckily the court system mostly works well.
