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Topic: Appeal to spite


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In the News (Mon 28 May 12)

  
  Mission: Critical (Fallacious Appeals Exercises)
An appeal to common practice uses the approach that something is permissible (or not) because "everyone is doing it." But here, the argument is that George's report should be graded, at least in part, not on its quality but on the effort he put into it.
Not all fallacies with negative outcomes are appeals to fear.
Were this an appeal to fear, there would be either an implicit or explicit threat of illness on the basis of meat-eating.
www.sjsu.edu /depts/itl/graphics/adhom/appeal-q.html   (1983 words)

  
  Appeal to spite - Wikipedia, the free encyclopedia
Appeal to spite (also called argumentum ad odium) is a logical fallacy in which someone attempts to win favor for an argument by exploiting existing feelings of bitterness or spite in the opposing party:
Spite can often be taken to illogical extremes, and result in very poor decisions.
The classic phrase "cutting off the nose to spite the face" is an example of flawed, spiteful logic.
en.wikipedia.org /wiki/Appeal_to_spite   (139 words)

  
 DANIEL KLERMAN | Settlement and the Decline of Private Prosecution in Thirteenth-Century England | Law and History ...
While most appeals were brought by the victim or the victim's family, there was a special kind of appeal that was brought by a convicted criminal who had already been sentenced to hang.
For 7 percent of all cases, the crime appealed is not mentioned or is specified merely as a breach of the king's peace.
The appeal was down more than thirty percent from its 1246–49 peak, and by the 1261–63 eyres appeals were being brought at only a third of their rate at the turn of the century or at their 1240s peak.
www.historycooperative.org /journals/lhr/19.1/klerman.html   (12520 words)

  
 The Hindu : Can convicted persons contest elections?
Appeal is a continuation of the proceedings commenced on the criminal charge and it does not conclude in a conviction where an appeal is preferred against the order of the trial court or of any subsequent court until the subsequent proceedings have finally ended''.
Equally well- settled it is that such appeals are a re-hearing and re-appraisal of the evidence and the appellant is entitled to agitate all questions of fact and law, before a court of criminal appeal.
The appellate court is not merely a court of error and the moment the appeal is preferred, the finality of the judgment of the trial court disappears and the whole issue is in a flux afresh.
www.hinduonnet.com /2001/03/06/stories/13060611.htm   (1481 words)

  
 No. 96-2572
CANE, P.J. Tracy O. appeals a trial court order that terminated her parental rights to Tyler B. It is undisputed that counsel filed a timely notice of intent to appeal.
From 1978 until 1993, TPR appeals proceeded under Rules 809.30 and 809.40, and the time to file a TPR notice of appeal was extendable.
Under these circumstances, this court is persuaded that the legislature may have intended to remove the new Rule 809.107 TPR notice of appeal deadline not only from Rules 809.30 and 809.40, but also from the former reach of the supreme court promulgated Rule 809.82(2)(b), limiting the extendibility of various deadlines for notices of appeal.
www.wisbar.org /res/capp/z1996/96-2572.htm   (864 words)

  
 Appeal to emotion - Wikipedia, the free encyclopedia
Appeal to emotion is a logical fallacy wherein the arguer (who is using this fallacy) takes advantage of emotion to prove his or her argument.
Many other fallacies often, but not necessarily, constitute themselves or overlap an appeal to emotion.
Two wrongs make a right (if arguing for revenge)
en.wikipedia.org /wiki/Appeal_to_emotion   (83 words)

  
 ESGS Logical Fallacies
The Appeal to Spite is a fallacy in which spite is substituted for evidence when an "argument" is made against a claim.
Of course, there are cases in which a claim that evokes a feeling of spite or malice can serve as legitimate evidence.
As long as Jill concludes that she should vote against Jane because she is a thief and not just out of spite, her reasoning would not be falacious.
esgs.free.fr /uk/log18.htm   (437 words)

  
 Ar01-029
Any motion by counsel for a defendant in a criminal or a juvenile delinquency case for permission to withdraw made after notice of appeal has been given shall be addressed to the Court, shall contain a statement of the reason for the request and shall be served upon the defendant personally by first-class mail.
Court of Appeals of Wisconsin, 486 U.S. 429 (1988) (holding that the appellate court must satisfy itself that the attorney has provided the client with a diligent and thorough search of the record for any arguable claim that might support the client's appeal and has correctly concluded that the appeal is frivolous).
Counsel argues that this designation of the record for appeal was sufficient to ensure that all rulings adverse to her client were brought before this court for consideration.
courts.state.ar.us /opinions/2001a/20010627/ar01-029.html   (2657 words)

  
 Mission: Critical (Fallacious Appeals)
Claudelle's appeal to the generosity of her audience in an argument about immigration, for example, would be appropriate as long as she was discussing that generosity as a value related to the subject.
However, an appeal to the generosity of the judges at a gymnastic meet is merely a play on their emotions (probably an appeal to their pity); anyway, the value of generosity has nothing to do with the evaluations the judges would render.
Appeal to Spite, or Appeal to Hatred, Appeal to Indignation
www2.sjsu.edu /depts/itl/graphics/adhom/appeal.html   (494 words)

  
 New Page 1   (Site not responding. Last check: 2007-11-05)
Appeal to spite - The lawyer wants the jurors to get revenge against people who abused the man as a child.
Appeal to pity - The lawyer is trying to make the jurors feel pity for his client rather than give reasons for his innocence.
it is an appeal to spite instead, since the speaker wants to get revenge for all the things the soldiers have had to do.
faculty.uncfsu.edu /jyoung/newpage14.htm   (2156 words)

  
 [No title]
Defendant argues the mere allega­tion that his attorney refused to perfect his appeal was suffi­cient to withstand dismissal and defendant did not have to show prejudice.
In ÃÃMooreÄÄ, the defen¬dant was convicted after trial and his appeal was dismissed for want of prosecution due to his counsel's ne¬glect (re¬sulting in the attorney's suspen¬sion).
Before the defendant may appeal, he must file a motion in the trial court and state ÃÃwhyÄÄ his plea should be withdrawn.
www.state.il.us /court/Opinions/AppellateCourt/1999/4thDistrict/June/WP/4980346.doc   (1917 words)

  
 Costs deter DAs in appeal of some cases - The Boston Globe
But defense lawyers counter that when they are able to persuade a judge to throw out key evidence, which usually results in cases being dismissed, their clients shouldn't have to pay even more because the prosecution doesn't like the ruling.
Because prosecutors are loath to appeal motions to suppress evidence when they must pay the defendant's legal fees, generally only poor defendants are at risk of having the evidence reinstated on appeal, opponents of the law argue.
Robert Thompson, chief of appeals for the Plymouth district attorney's office, said one defense lawyer's bill for the office's appeal of a pending 1997 cocaine case has topped $16,000.
www.boston.com /news/local/articles/2004/03/13/cost_of_appeal_deters_das_from_arguing_some_cases   (982 words)

  
 Appeal to Spite | RCaston.com
The Appeal to Spite Fallacy is a fallacy in which spite is substituted for evidence when an "argument" is made against a claim.
This sort of "reasoning" is fallacious because a feeling of spite does not count as evidence for or against a claim.
Of course, there are cases in which a claim that evokes a feeling of spite or malice can serve as legitimate evidence.
www.rcaston.com /?q=node/594   (325 words)

  
 State of Vermont Office of the Secretary of State - August 1999 Opinions   (Site not responding. Last check: 2007-11-05)
Appeals from the Board of Civil Authority are appealed to the director of Property Valuation and Review or to Superior Court of the county where the property involved is located.
Appeals from decisions of the zoning administrator are brought to the zoning board of adjustment or to the development review board.
The notice of appeal must include the name and address of the person bringing the appeal, a description of the property involved a reference to the regulatory provisions that apply to the appeal, and the reasons the person is appealing.
www.sec.state.vt.us /secdesk/opinions/1999/aug99.html   (3570 words)

  
 OSCN Found Document:MIRES v. HOGAN.
A final judgment rendered on the pleadings has the same effect as a final judgment rendered on a demurrer, and a motion for a new trial is neither essential nor proper, as error assigned upon the overruling of a motion for a new trial would present nothing to this court for review.
Under the amendatory act of March 23, 1917, it is unnecessary to serve the case-made on (1) any party to the action who did not appear at the trial and take part in the proceedings from which the appeal is taken, or (2) any party who shall have filed a disclaimer in the trial court.
There can be no doubt that the appeal must be perfected within six months after the rendition of the judgment or order complained of.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=35120   (3835 words)

  
 Hawaii Intermediate Court of Appeals Case No. 14837   (Site not responding. Last check: 2007-11-05)
OPINION OF THE COURT BY HEEN, J. This is Defendants-Appellants' (Appellants) second appeal from the denial of their motion for reconsideration of the lower court's "Order Granting Motion to Enforce Settlement" (Order).1/2/3/ On December 20, 1989, this court issued a memorandum opinion dismissing the first appeal, sua sponte, for lack of appellate jurisdiction.
Appellants argue on appeal that the lower court erred in (1) denying them an evidentiary hearing on the ME, and (2) denying the motion for reconsideration.
On October 22, 1990, however, after he filed the notice of appeal, Richards finally filed a motion in the lower court to withdraw as counsel for the Appellants named in the Release.
www.hsba.org /HSBA/Legal_Research/Hawaii/ica/14837.cfm   (4029 words)

  
 University of Minnesota Human Rights Library
This appeal was submitted eight years after the suit—which was based on a Constitutional right—had been initiated and after the payment schedule had already been prepared.
The appeal was subsequently rejected by the presiding Appellate Chamber.
He adds that in spite of his inquiries, the High Court of Justice took more than five years to issue a decision regarding the admissibility of the appeal.
www1.umn.edu /humanrts/cases/1998/argentina39-98.html   (1814 words)

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