debate

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debate

in Scottish civil procedure, that part of an action where legal argument takes place only on the pleas-in-law. It can take place before any proof if the plea is preliminary, such as a plea to the relevance or specification or after the case if it was impossible to answer the plea-in-law until evidence had been heard. For example, in ordinary negligence cases where, until the facts have been heard, it is not possible to say that the defender has or has not been legally negligent.
Collins Dictionary of Law © W.J. Stewart, 2006

DEBATE, legislation, practice. A contestation between two or more persons, in which they take different sides of a question, and maintain them, respectively, by facts and arguments; or it is a discussion, in writing, of some contested point.
     2. The debate should be conducted with fairness, candor and decorum, and supported by facts and arguments founded in reason; when, in addition, it is ornamented by learning, and decorated by the powers of rhetoric, it becomes eloquent and persuasive. It is essential that the power of debate should be free, in order to an energetic discharge of his duty by the debator.
     3. The Constitution of the United States, art. 1, s. 6, provides, that for any speech or debate, in either house, the senators and representatives shall not be questioned in any other place.
     4. It is a rule of the common law, that counsel may, in, the discharge of professional duty, use strong epithets, however derogatory to the character of the opponent, or his attorney, or other agent or witness, in commenting on the facts of the case, if pertinent to the cause, and stated in his instructions, without any liability to any action for the supposed slander, whether the thing stated were true or false. 1 B. & Ald. 232; 3 Dow's R. 273, 277, 279; 7 Bing. R. 459; S. C. 20 E. C. L. R. 198. Respectable and sensible counsel, however, will always refrain from the indulgence of any unjust severity, both on their own personal account, and because browbeating a witness, or other person, will injuriously affect their case in the eyes of a respectable court and jury. 3 Chit. Pr. 887, 8.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Answers to all these may be threshed out in political debates.
Specifically, while lower-tier candidates work harder at being humorous in political debates (i.e., they make humorous comments more often), it is actually the top-tier candidates who reap larger rewards from their humor (i.e., their remarks generate more audience laughter).
The normative question of religious argument in public political debate has sharply divided leading political theorists.
Democrats are more likely than independents or Republicans to believe political debate played a role.
A joint statement from the party leaders said: "We feel strongly that the laying of wreaths at the Welsh Remembrance Service should not be a matter for public political debate which demeans Remembrance Sunday and the memories of those who have fought and died for their country.
Yet Linker thinks the explicit disavowal of religious-based moral claims should be a prerequisite for entering into the political debate. He's wrong, both philosophically and historically.
In all of these arenas, the design and construction of the new University of Chicago campus, the development of neighborhood parks and playgrounds, and the creation of new sites of commercial leisure, contending views of the proper use and design of space to foster appropriate civic values can clearly be identified both in the physical construction of the space and in the public aspect of political debate. In Bachin's analysis, the physical creation of public or semi-public space in the city reflects diverse and contending views about civic identity and political discourse and provides the terrain upon which the open and contested process of urbanization in a democratic society occurs.
One of the few other newspapers to endorse the decision, and then grudgingly, was the other national daily that sees itself as a crucial player in the country's professional political debate: The Washington Post.
That change has set off intense political debate over what it means to be deaf and what mode of communication--signing or talking--the deaf should focus on.
There is a great deal that faithful expression can offer political debate. It is regrettable that the liberal theological voice has waned in recent years because its impact has been profound in the past.
"Over the last five to ten years, there's been an increased interest in arsenic research, partly because people realized arsenic is an important carcinogen, partly because of the political debate," says Ke Jian Jim Liu, coleader of the environmental cancer and oxidative stress core.
Continued Hagler, "And the reality is, when we look at Washington and the politics that play here nationally and look back, even at the last election, there was no mention in any of the political debate about the poor.