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:
“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)
“Under the rules of a society that cannot distinguish between profit and profiteering, between money defined as necessity and money defined as luxury, murder is occasionally obligatory and always permissible.”
—Lewis H. Lapham (b. 1935)
“Education ... has produced a vast population able to read but unable to distinguish what is worth reading, an easy prey to sensations and cheap appeals.”
—G.M. (George Macaulay)