![]() If the Department of Law rejects the red herring, a revised red herring must then be filed if the sponsor wishes to proceed with the conversion. If the Department of Law issues a deficiency letter, the sponsor is given an opportunity to cure the deficiencies. During the red herring stage, no advertising, offers, or sales can legally take place. The Department of Law is required to take one of these actions within six months of the red herring's submission. The Department of Law reviews the contents of the red herring and either accepts the plan for filing, issues a deficiency letter to the sponsor, or rejects the plan for filing. In the red herring stage, the sponsor submits a draft proposed offering plan, or “red herring”, to the Department of Law and simultaneously provides copies of the red herring to existing tenants of the building. For example, the Southern District of New York, in Banque Arabe Et Internationale D’Investissement v. ![]() (2) The term may also refer to the first step in the procedure for a governmental approval of apartment conversion plans. Martinez, the Second Circuit accepted the government’s characterization of defendant’s baseless argument that government witnesses were simply “rats… the most incredible motive to lie” as “distractions and red herrings.” Red Herring: A red herring fallacy is one that distracts from the relevance of a topic by injecting irrelevance into the structure of the argument or conversation. Red Herring Definition: When an arguer brings up an issue or line of argument that isnt directly relevant to. In disputations, the use of a red herring fallacy is an attempt to redirect attention away from an adversarys argument by proving an unrelated often. (The origin of the term is derived from the practice of training hunting dogs by dragging cured herrings across the scent trail of a fox.) For example, in U.S. Red Herring Fallacy and Moving the Goal Posts. Smoked and salted herrings turn bright red in the curing process and. So, to distinguish between the two, you need to ask yourself. This expression, meaning a false clue, first popped up in British foxhunting circles. (1) The primary meaning, in a legal and rhetorical context, is a legal or factual issue that is irrelevant and used to divert attention away from the main issues of a case. This fallacy consists in diverting attention from the real issue by focusing instead on an issue having only a surface relevance to the first. In a red herring, the arguer ignores the opponents argument, and subtly changes the subject. This is when we start with the intention of pursuing one topic, but get distracted or misled down a different path. Red Herring has two distinct meanings in the law: The red herring logical fallacy is a common error in how we think and communicate with others.
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