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:
“Who can distinguish darkness from the soul?”
—William Butler Yeats (1865–1939)
“Since all things are good, men fail at last to distinguish which is the bane and which the antidote.”
—Henry David Thoreau (1817–1862)
“People find ideas a bore because they do not distinguish between live ones and stuffed ones on a shelf.”
—Ezra Pound (1885–1972)