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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.


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.


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 ?
Definition 3 brings a matrix, related to the distance patterns of the vertices of a graph G with respect to a subset M of vertices and Lemma 4 characterizes the distance pattern distinguishing set of a graph in terms of (0,1)-matrix that is defined as follows.
"I agree with the Joint Chiefs' findings and have directed the creation of a distinguishing device instead of a separate medal," Hagel said.
A secondary purpose was to ascertain program characteristics that were cited as distinguishing features of agricultural education programs that were held in high regard.
The agency found its answer with the Callistemon plant, which became the brand's distinguishing characteristic.
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DISTINGUISHING CHARACTERISTICS: Most often an impressionable teen who gets a pad-nanny position over the summer.
For example, if a taxpayer regularly acquires inventory in bulk at a discount, a case could possibly be made for distinguishing the situation.
Here, music structures function as the distinguishing devices that color the "black" version of the fall of humankind which the novel renders.
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We see no basis for distinguishing the TAM from either Plainfield-Union or Rev.
They prepared the prints by using both photographs and a fingerprint system.(1) They then classified the prints according to their distinguishing features.
That question necessarily involves distinguishing between liability and equity instruments.