Distinguish

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In law, to distinguish a case means to differentiate 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.

[edit] 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.

Whether the color of the spots on the cow is material depends on the legal issue. In a case for the value of the cows, the color of the spots may, in fact, be material. In a case involving animal cruelty, the color of the spots may not.

[edit] See also