Definitions for distinguishing
This page provides all possible meanings and translations of the word distinguishing
That serves to distinguish.
constituting difference, or distinction from everything else; distinctive; peculiar; characteristic
In law, to distinguish a case means to contrast 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. There are two formal constraints on the later court: the factors in the ratio of the earlier case must be retained in formulating the ratio of the later case, and the ruling in the later case must still support the result reached in the precedent case. Whether a case is successfully distinguished often looks to whether the distinguished facts are material to the matter. The ruling made by the judge must be based around not only the evidence they are faced with, but the precedents in which they must follow. This means that a precedent will be dealt to a case with similar facts, in which a decision can then be distinguished based upon this.
Sample Sentences & Example Usage
Philanthropic people lose all sense of Humanity, it is their distinguishing characteristic.
The severe defect in his brain made him incapable of distinguishing right from wrong by societal standards.
As long as there are rich people in the world, they will be desirous of distinguishing themselves from the poor.
He's distinguishing himself as somebody who can make things happen and excite the country to bring us back on course.
I really do n’t need to spend a lot of energy distinguishing Carly Fiorina from other Republican candidates because everything about me is different.
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"distinguishing." Definitions.net. STANDS4 LLC, 2016. Web. 11 Feb. 2016. <http://www.definitions.net/definition/distinguishing>.