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.

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.

References in periodicals archive ?
When contacted, PML-N's senior MNA Ahsan Iqbal said the mandatory debate on presidential address has even not been initiated even after passing almost a year.
Joining the debate and playing a key role in the unique solutions-focused 'Majlis' segment will be the debate's bridge-building 'connector' Govinda Clayton, a conflict resolution expert and researcher at ETH Zurich university.
This is what I imagine a lot of online debate feels like - having to shout louder, to take a more extreme aposition to be noticed.
Najib and Lim both agreed to a public debate earlier this week, with the former suggesting the debate take place after Aidilfitri next month and for the event to be broadcast 'live'.
By watching candidates debate, we can expand our bases for making wise choices.
'Hahamunin ko sila ng debate sa July pagbukas ng Senado, kung mananalo sila (I will challenge them to a debate in July when the Senate resumes session if they win),' the former senator said.
The opposition bets stressed the debate would be beneficial to the voting public.
Those who participated in the the debates, organised by the Nigerian Election Debate Group, (NEDG) were of the Allied Congress Party of Nigeria, Oby Ezekwesili; Alliance for New Nigeria, Fela Durotoye; and the Young Progressives Party, Kingsley Moghalu.
The moderator of the debate is Robert Hadlock of KXAN in Austin, who will be joined by a panel of local reporters from across the state.
"The governor very publicly accepted two debate invitations," said Jim Barnett, Hogan's campaign manager.
"The voters have a right to hear from their candidates and so I challenge Doug Ducey to debate me at least three (3) times on television before the general election.
The GREAT Britain Debate competition celebrates India and the UK's traditional passion in vibrant discussion and debate.