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:
“Since all things are good, men fail at last to distinguish which is the bane and which the antidote.”
—Henry David Thoreau (1817–1862)
“Let us distinguish between acting intentionally and acting deliberately or on purpose, as far as this can be done by attending to what language can teach us.”
—J.L. (John Langshaw)
“The richest princes and the poorest beggars are to have one great and just judge at the last day who will not distinguish between them according to their ranks when in life but according to the neglected opportunities afforded to each. How much greater then, as the opportunities were greater, must be the condemnation of the one than of the other?”
—Samuel Richardson (1689–1761)