What is the term given when a judge avoids precedent by saying that the facts of the case he is now deciding our different to the facts of a previous case the judge is said to be what

Answer 1

When a judge avoids applying precedent by stating that the facts of the current case are different from those in a previous case, the judge is said to be distinguishing the case. This process is known as distinguishing the precedent, where the judge identifies significant differences in the facts or circumstances that warrant a different legal outcome.