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 ?
In that debate and an earlier one on whether the government should support space exploration, the audience of mostly journalists and analysts said the robot scored better than the human debaters on enriching their knowledge.
It was a tough competition to be a part of especially since some of the best debaters from KP were there.
Project Debater was able to come up with coherent arguments on topics it didn't know ahead of time, and then effectively respond to the human debaters.
During its demonstration, Project Debater engaged in a battle of words against human debaters Noa Ovadia and Dan Zafrir on topics given straight at the event, Engadget reported.
Shawn Tongson is the 119th ranked debater in the senior division and his team (Tongson, de Leon, Ordenes) is the 49th top debate team out of approximately 366 teams.
"The Dosing of Debater: A Radical Remedy for Serious Sickness." Debater's Research Guide, http://groups.wfu.edu/debate/MiscSites/DRGArticles/Shanahan1988Retire ment.htm.
Over 600 teams and 1,200 debaters competed for slots on the Finals Day in February.
“He comes to us as a former debater, eager to assist our students, and to offer his unique insights.”
The personalities of the debaters inevitably affects how audiences perceive the message, possibly giving Salmond the advantage.
While the "better debater" should win each round, conventional wisdom among those familiar with the activity has long held that region, sex, and side biases play a substantial role in the outcomes of individual debate rounds and tournaments.
"This type of debate is a strong blow to old politics," said debater Indrit Sefa.
MOSCOW -- An argument in southern Russia over philosopher Immanuel Kant, the author of ''Critique of Pure Reason,'' devolved into pure mayhem when one debater shot the other.