Legal Definitions - distinguish

In legal terms, to distinguish means to identify and highlight significant differences between two legal cases, typically an earlier case and the current one being decided. The goal of distinguishing cases is to argue that, despite some apparent similarities, the unique facts, legal issues, or procedural history of the current case make the precedent set by the earlier case inapplicable. This prevents a court from being bound by a prior decision when the circumstances are sufficiently different.

Here are some examples to illustrate this concept:

• Imagine a prior court case ruled that a property owner was liable for injuries sustained by a trespasser because the owner had set a dangerous trap on their land. Now, in a new case, a trespasser was injured on another property, but the injury was caused by a naturally occurring hazard, like a slippery rock, with no evidence of the owner creating a trap. The property owner's lawyer would distinguish the earlier case by emphasizing the crucial factual difference: the absence of an intentionally created danger. They would argue that the precedent regarding liability for traps should not apply to an injury caused by a natural hazard, as the underlying circumstances are fundamentally different.

• Consider a situation where a state's highest court previously ruled that a specific type of online advertisement was misleading and therefore illegal when targeted at children. A new case arises involving a similar online advertisement, but this one is clearly targeted exclusively at adults. The company's legal team would distinguish the prior ruling by arguing that its legal reasoning and protective intent were specifically focused on safeguarding minors, and thus the precedent should not extend to advertisements aimed at a different, adult audience, even if the ad format is similar.