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.

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").

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.
References in classic literature ?
We may consider three different ways in which it has been sought to distinguish images from sensations, namely:
(2) We might attempt to distinguish images from sensations by our absence of belief in the "physical reality" of images.
I felt light, and hunger, and thirst, and darkness; innumerable sounds rang in my ears, and on all sides various scents saluted me; the only object that I could distinguish was the bright moon, and I fixed my eyes on that with pleasure.
"Several changes of day and night passed, and the orb of night had greatly lessened, when I began to distinguish my sensations from each other.
Of philosophy I will say nothing, except that when I saw that it had been cultivated for many ages by the most distinguished men, and that yet there is not a single matter within its sphere which is not still in dispute, and nothing, therefore, which is above doubt, I did not presume to anticipate that my success would be greater in it than that of others; and further, when I considered the number of conflicting opinions touching a single matter that may be upheld by learned men, while there can be but one true, I reckoned as well-nigh false all that was only probable.
He was, therefore, under extremely favorable conditions for solving that great question of the habitability of the moon; but the solution still escaped him; he could distinguish nothing but desert beds, immense plains, and toward the north, arid mountains.
"Besides," added Barbicane, "even to the most piercing eye a man cannot be distinguished farther than three and a half miles off; so that, if there are any Selenites, they can see our projectile, but we cannot see them."
"My dear sir," said the Distinguished Advocate of Republican Institutions, without removing his eyes from the horizon, "you wander away into the strangest irrelevancies!
In the eyes of the world Pierre was a great gentleman, the rather blind and absurd husband of a distinguished wife, a clever crank who did nothing but harmed nobody and was a first-rate, good-natured fellow.
Equally out of the question: since I could not pay for admission to the prepared place of accommodation for distinguished people, and could not accept a charitable free pass, in consequence of my high connections.
On the other hand, many other knights, both English and Norman, natives and strangers, took part against the challengers, the more readily that the opposite band was to be led by so distinguished a champion as the Disinherited Knight had approved himself.
And if this is true of the sons, even the daughters, even in the nineteenth century, are apt to become people of importance-- philanthropists and educationalists if they are spinsters, and the wives of distinguished men if they marry.

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