Question about case law
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us.legal ]
I read this in a law book about distinguishing cases: "If the pending
case contains a fact that is essential in its determination, that is
not in the first case, but which, if present, would have modified or
changed the judgement of the first case, then the first case can be
distinguished and is not precedent". Ok, so the way I read that is
like this: (1) the pending case must have an essential fact that is
not in the first case. (2) that fact would have to change or modify
the judgement of the first case and only if these two requirements are
met then the first case can be distinguished?

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