Distinguish

Distinguish

In law, to distinguish a case means to compare 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.

Whether a case is successfully distinguished often looks to whether the distinguished facts are material to the matter.

Both cases "Balfour v. Balfour" (1919) and "Merrit v. Merrit" (1971), involve a wife making a claim against her husband for breach of contract. The judge in Balfour decided that a claim could not be made because there was no intention to create legal regulations, there was no legally binding contract. However in Merrit v. Merrit, the judge decided that the facts of this case was sufficiently different in that, whilst the parties were husband and wife, the agreement was made after they had separated, in writing, thus distinguishing the case from Balfour.

Spotted cow

An analogy taught in law school is that of a case involving black and white spotted cows. A lawyer in a subsequent case involving brown spotted cows might distinguish the facts on the color of the spots.

ee also

* Precedent
* Case law
* Opinion


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  • distinguish — dis·tin·guish vt: to identify or explain differences in or from distinguish ed the cases on factual grounds Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. distinguish …   Law dictionary

  • Distinguish — Dis*tin guish, v. t. [imp. & p. p. {Distinguished}; p. pr. & vb. n. {Distinguishing}.] [F. distinguer, L. distinguere, distinctum; di = dis + stinguere to quench, extinguish; prob. orig., to prick, and so akin to G. stechen, E. stick, and perh.… …   The Collaborative International Dictionary of English

  • distinguish — 1 Distinguish, differentiate, discriminate, demarcate are synonymous when they mean to point out or mark the differences between things that are or seem to be much alike or closely related. Distinguish presupposes sources of confusion; the things …   New Dictionary of Synonyms

  • distinguish — [di stiŋ′gwish] vt. [< L distinguere, to separate, discriminate < dis , apart + stinguere, to prick < IE base * steig , to prick, pierce (> STICK, Ger sticken, to embroider, Gr stigma) + ISH, sense 2] 1. to separate or mark off by… …   English World dictionary

  • distinguish — [v1] tell the difference analyze, ascertain, categorize, characterize, classify, collate, decide, demarcate, determinate, determine, diagnose, diagnosticate, differentiate, discriminate, divide, estimate, extricate, figure out, finger*, identify …   New thesaurus

  • distinguish — ► VERB 1) recognize, show, or treat as different. 2) manage to discern (something barely perceptible). 3) be an identifying characteristic of. 4) (distinguish oneself) make oneself worthy of respect. DERIVATIVES distinguishable adjective …   English terms dictionary

  • Distinguish — Dis*tin guish, v. i. 1. To make distinctions; to perceive the difference; to exercise discrimination; with between; as, a judge distinguishes between cases apparently similar, but differing in principle. [1913 Webster] 2. To become distinguished… …   The Collaborative International Dictionary of English

  • distinguish — 1560s, from M.Fr. distinguiss , stem of distinguer, or directly from L. distinguere to separate between, separate by pricking, from dis apart (see DIS (Cf. dis )) + stinguere to prick (see EXTINGUISH (Cf. extinguish), and Cf. L. instinguere …   Etymology dictionary

  • distinguish */*/*/ — UK [dɪˈstɪŋɡwɪʃ] / US verb Word forms distinguish : present tense I/you/we/they distinguish he/she/it distinguishes present participle distinguishing past tense distinguished past participle distinguished 1) [intransitive/transitive] to recognize …   English dictionary

  • distinguish — dis|tin|guish [ dı stıŋgwıʃ ] verb *** 1. ) intransitive or transitive to recognize the differences between things: DIFFERENTIATE: He learned to distinguish a great variety of birds, animals, and plants. distinguish between: They concluded that… …   Usage of the words and phrases in modern English

  • distinguish — 01. Children under the age of 4 cannot always [distinguish] between the truth and a lie. 02. Witnesses to the crime said the suspect had no [distinguishing] features. 03. The Beatles [distinguished] themselves as perhaps the most important… …   Grammatical examples in English

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