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 ?
However, a measurement that distinguishes between the horizontal and vertical polarizations gives a completely random result when applied to photons in either of the two diagonal states and vice versa.
For the Salamanca authors, Perez Ibanez distinguishes literary, philosophical, and medical texts, dividing the third category in subcategories: the main authors, that is, Hippocrates, Galen, and Avicenna; GrecoRoman and Byzantine authors; medieval texts; contemporary authors and personal experience.