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 ?
The government has only a month time to initiate and conclude the debate on President Arif Alvi's address to the joint sitting.
As part of the Doha Debates-TED partnership, Doha Debates is providing four additional components at the 2019 TEDSummit.
That is why the Young Academy of Scotland has decided to run a aprogramme to create a new acharter for responsible debate. We started with a full day workshop, where we drew together some principles for debate.
Debates are an important feature of legislative work.
Gary Alejano (Magdalo party-list), Marawi civic leader Samira Gutoc, and lawyers Romulo Macalintal and Florin Hilbay submitted a letter to the Comelec asking the poll body to facilitate a debate between them and the Hugpong ng Pagbabago senatorial ticket.
Wala na kaming oras for an official debate,' Comelec Chairman Sheriff Abas said on Monday.
The National Working Committee of the All Progressives Congress (APC) has said it would have been demeaning for its presidential candidate, President Muhammadu Buhari, to stand on the same podium with his main rival in next month general elections, former vice president and Peoples Democratic Party (PDP) presidential candidate, Alhaji Atiku Abubakar for a public debate.
Nexstar will air the debate on its 12 stations throughout the state as well as broadcast partners in Houston, San Antonio, Corpus Christi and Dallas.
Jealous and Hogan have each called for a different number of debates.
Just before the governor's campaign announced Ducey would participate in two debates, Garcia's campaign called for three televised debates, which would have included a debate in Yuma.
Experienced debate teams from Comrat and Bender were invited to debate the appropriate decision-making process for choosing a career to familiarize their counterparts from Balti with the Karl Popper debate format as a method for fostering critical thinking in young people.
The purpose behind the event was to initiate a debate among youth of the country on Pakistan Vision 2025 to evolve the socio-economic thought process which can steer Pakistan towards greater development and growth, Planning Commission sources said.