distinguish

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Distinguish

To set apart as being separate or different; to point out an essential disparity.

To distinguish one case from another case means to show the dissimilarities between the two. It means to prove a case that is cited as applicable to the case currently in dispute is really inapplicable because the two cases are different.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

distinguish

v. to argue that the rule in one appeals court decision does not apply to a particular case although there is an apparent similarity (i.e. it is "distinguished").

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

distinguish

to show that a precedent is not in point. When a lawyer has distinguished a precedent, he has shown the court that it does not actually cover the facts of the case before the court.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
ECDLP assumption: For every probabilistic, polynomial-time, 0/1-valued distinguisher D, we assume that [Adv.sub.D,Ep(a,b).sup.ECDLP] < [epsilon], for any sufficiently small [epsilon]> 0.
To determine MK uniquely, a distinguisher is required to further filter the MK candidates.
We claim that no polynomial-size distinguisher could distinguish (C,L, v) from ([C.sup.*], [L.sup.*], [v.sup.*]).
VCDS consists of two major modules which are raw measurement processing and distinguisher. The processes are illustrated in Fig.
The bruisers of the snapper family, these fierce deepwater-dwellers look a lot like mangroves in their younger years, with an upper mouth tooth-patch design the main distinguisher. And then there's the size thing--cubes commonly reach 40 pounds and studs of 80 to 100 are not out of the question.
This attack is a type of meet-in-the middle attack and exploits a 4-round distinguisher. In general, block cipher is completely deterministic, that is, if it is run again with the exact same input values, identical output values will be produced.
In my view, this distinguisher of iSchools in terms of coverage is real but subtle, and one has to dig below to surface to recognize it, particularly at the curricular level, though it is a thesis waiting to be conducted.
[12] in his research, the personality constituent "personality term which is applied to distinguisher of traits, features and personal qualities of an individual from others" [13]considered it to be a necessity for manager and have stated that the personality of managers has direct impressions on managers' performance.
Three chapters describe distinguisher attacks on RC4, WEP protocol attacks, and fault attacks.
As a result, teacher effectiveness may matter even more than it does today, as the selectivity and prevalence of the teachers-in-charge who will leverage technology--and be leveraged by it--will be the distinguisher of learning outcomes among schools and nations.
This comparison is significant, because it confirms that the fashion of spaces played an important factor as a social distinguisher during the Season.
"Which is ironic because it's totally self-serve, so even looking at credit unions that are hanging their hat on service as a distinguisher, even that definition is changing."