Distinguish
In law, to distinguish a case means to contrast the facts of the case before the court from the facts of a case of precedent where there is an apparent similarity. By successfully distinguishing a case, the holding or legal reasoning of the earlier case will either not apply or will be limited. There are two formal constraints on the later court: the factors in the ratio of the earlier case must be retained in formulating the ratio of the later case, and the ruling in the later case must still support the result reached in the precedent case.
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Famous quotes containing the word distinguish:
“Our language has wisely sensed these two sides of man’s being alone. It has created the word “loneliness” to express the pain of being alone. And it has created the word “solitude” to express the glory of being alone. Although, in daily life, we do not always distinguish these words, we should do so consistently and thus deepen our understanding of our human predicament.”
—Paul Tillich (1886–1965)
“The heretic is always better dead. And mortal eyes cannot distinguish the saint from the heretic.”
—George Bernard Shaw (1856–1950)
“We were hospitably entertained in Concord, New Hampshire, which we persisted in calling New Concord, as we had been wont, to distinguish it from our native town, from which we had been told that it was named and in part originally settled. This would have been the proper place to conclude our voyage, uniting Concord with Concord by these meandering rivers, but our boat was moored some miles below its port.”
—Henry David Thoreau (1817–1862)