• givesomefucks@lemmy.world
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    4 days ago

    Every reference to precedent in that definition relies on a court ruling to create it

    In the definition for “legal precedent”…

    Because that’s the specific legal term in the legal system…

    The settlement wasn’t a “legal precedent” because it was a settlement.

    But, it was literally a precedent and why he’s pushing this now

    You cave to a fascist/bully once, it sets the precedent that you will cave and they will press you again.

    I legitimately don’t understand why people aren’t getting the distinction…

    • atomicbocks@sh.itjust.works
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      4 days ago

      It’s because you aren’t understanding the distinction. Settlements are not part of a legal preceding. They are by definition the parties agreeing to arbitrate outside of the legal system. There is no more precedent set by a settlement than any other random two assholes making a deal in private.

      • captainlezbian@lemmy.world
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        4 days ago

        Yes, but clearly this person is referring to the other meaning of precedent. As in “he has learned that if he acts like it’s illegal and sues, media companies will roll over and give him money without going to trial”. It’s happened before and he sees no reason for it not to keep happening

        • atomicbocks@sh.itjust.works
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          4 days ago

          Im talking about both definitions. As I said to the other person; arriving at a private deal does not set precedent for other private or public deals even if it sets an expectation in the mind of a certain dumbass. It would only be a precedent legal or otherwise if we now are okay with future presidents doing the same thing.

      • givesomefucks@lemmy.world
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        4 days ago

        Settlements are not part of a legal preceding

        Yes …

        So when talking about “precedent” why are you insisting that there’s an understood “legal” and what was meant was “legal precedent”?

        Which we both agree doesn’t apply to a settlement.

        Instead of thinking I meant “precedent” as a common term which is literally what was said?

        I dunno, I’m over explaining it. I’m just fascinated with why you all aren’t able to understand.

        Quick edit:

        Are you thinking of it like there’s “precedent” of which there are “legal precedent” or “illegal precedent”?

        Is the issue that people don’t understand it’s two distinct and separate things and not just the same thing but one has an adjective?

        It’s gonna bug the shit out of me until I figure out where the disconnect is.

        • atomicbocks@sh.itjust.works
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          4 days ago

          Again. If two people make a deal in private it doesn’t set a precedent for another private or public deal. That’s it.

          • givesomefucks@lemmy.world
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            4 days ago

            If two people make a deal in private it doesn’t set a precedent for another private deal

            It does…

            That’s literally what the word “precedent” means.

            If you give your dog a treat at 3pm every day, it sets that precedent. You and your dog in private have reached a deal which results in further expectations.

            There is no legal system in place there.

            But if you give the treat early, you set another precedent that early is an option and the timeline is negotiable, so your dog will ask early

            Like, “precedent” is a psychological concept …

            Does that make sense now?

            Was the only time you’ve heard that word in the context of “legal precedence”? That would explain all of this.

            • atomicbocks@sh.itjust.works
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              4 days ago

              If I give my dog a treat every day at the same time that doesn’t mean somebody else has to give their dog a treat at that time which what you are implying.

              Does that make sense now?

              • givesomefucks@lemmy.world
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                4 days ago

                I’d think the clear analogy would be multiple dogs in the room…

                But it’s clear no progress is getting made here, have a good one