But they do so using judge-made "immaterial as a matter of law" doctrines that are applied without the benefit of expert testimony.
Judge Carroll, holding that such arguments were immaterial, generally prohibited testimony on the defendants' religious views or on conditions in Central America.
Because colour is considered immaterial in judging Whippets, they come in a wide variety of colours and marking patterns, everything from solid black to solid white, with red, fawn, brindle, blue, or cream.
In the later Prize Essay (1764), he would judge the Christian notion of immaterial souls as indemonstrable (2 293), an argument he re-echoes in his critical writings as well (A339/B397 A405/B432).
Judge Jerome N. Frank, of the Circuit Court of Appeals, wrote an opinion, establishing that it is immaterial whether a patentee correctly understands how his device operates.
A judge could reject the case as immaterial.
But in ruling that Ms. Lewinsky's testimony could not be used at the Jones trial, Judge Wright did not say it was immaterial or irrelevant, only that it was not important enough to postpone the proceedings.
Although Judge Klausner would probably rule the point immaterial, it might be added that "Stairway to Heaven" is a variegated tour-de-force of a song while "Taurus" is hazily inert.
But this was overturned on appeal by a judge who dismissed the cat argument as relatively immaterial.
"What I learned going through the process was that there were some very strange dynamics going on between the judges and the lawyers". Judges would order discovery for things that seemed immaterial, he said, and hearings would seem to go on endlessly, without any clear reason.
