Distinguishing
/dɪˈstɪŋɡwɪʃɪŋ/
Definitions
- (v. (pres. part.)) Serving to recognize or point out a difference, especially in legal reasoning or argument to identify a precedent as not applicable.
The court is distinguishing this case from previous rulings due to different facts.
Forms
- distinguish
- distinguishes
- distinguished
Related terms
See also
Commentary
Used primarily in judicial opinions, 'distinguishing' helps courts limit the application of precedents by highlighting material factual differences.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.