Ask a Lawyer and Get Answers to Your Legal Questions
The courts decide each case on an individual basis, but they do use precedential court decisions in determining the appropriate resolution of the case. If there is a case that is relevant to your matter, but it doesn't support you, then you want to differentiate it from your case. This means you would argue that Case ABC v. DEF is not relevant to your matter because of reasons X, Y and Z. I believe that is the word you are looking for. If not, perhaps you could give me more guidance and I could provide you with it. Incidentally, if you are looking for judicial sayings, or maxims, they are located in California Civil Code Sections 3509-3548.
Sorry for the delay - I have been traveling and just gotten back to the states!
I mean for example, you usually have to sue someone out of the state in his state. But you want to argue why you can sue him in your state because of the special situation that feel you can sue him in your state instead. And what is the law term for this?
Hello, welcome back! The term you are thinking of is jurisdiction, and more particularly long-arm jurisdiction. That just means that the court can reach beyond the borders of the state and include litigants from out-of-state. California's long-arm statute is located here: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=5.&part=2.&chapter=1.&article=1.