precedent

1 of 2

adjective

pre·​ce·​dent pri-ˈsē-dᵊnt  ˈpre-sə-dənt 

: prior in time, order, arrangement, or significance

precedent

2 of 2

noun

prec·​e·​dent ˈpre-sə-dənt 

1

: an earlier occurrence of something similar

2

a

: something done or said that may serve as an example or rule to authorize or justify a subsequent act of the same or an analogous kind

a verdict that had no precedent

b

: the convention established by such a precedent or by long practice

3

: a person or thing that serves as a model

Did you know?

Precedent and the Supreme Court

A precedent is something that precedes, or comes before. The Supreme Court relies on precedents—that is, earlier laws or decisions that provide some example or rule to guide them in the case they're actually deciding. When hostages are being held for ransom, a government may worry about setting a bad precedent if it gives in. And a company might "break with precedent" by naming a foreigner as its president for the first time.

Synonyms

Adjective

• antecedent
• anterior
• foregoing
• former
• preceding
• previous
• prior

Examples of precedent in a Sentence

Adjective

behavior that may be explained by a precedent event in her troubled life

Noun

Suddenly, against all historical precedent just for that week, the Federal Emergency Management Agency would have morphed into a well-organized and dependable outfit. —John McWhorter, National Review, 26 Sept. 2005

On July 12, in an action that seems to have been without precedent, the House voted, 355-0, to condemn a scientific article. —Jonathan Rauch, National Journal, 7 Aug. 1999

In cases close-run enough to require the Supreme court to decide them, precedent and principle are elastic enough, or complex enough, that justices can often decide either way without brazenly contradicting themselves. —Henry Louis Gates, Jr., New Republic, 20 & 27 Sept. 1993

We begin to appreciate the mystery when we realize that the act of naming, or denotation, is generically without precedent in natural history. —Walker Percy, "Naming And Being," 1960, in Signposts in a Strange Land,  1991

The judge's ruling was based on a precedent established by an earlier decision.

He says that the government will set a dangerous precedent if it refuses to allow the protesters to hold a rally.

The judge's ruling was based on legal precedent.

Recent Examples on the Web

Adjective

This adaptation demands re-conceiving large chunks of plot from the ground-up while retaining Liu’s themes, not to mention visualizing concepts with less precedent onscreen than the fantasy tropes Martin deployed and subverted. —Alison Herman, Variety, 9 Mar. 2024

Judge Barrett did not entirely embrace the notion of super-precedent. —Jonathan Turley, WSJ, 15 Oct. 2020

Noun

Federal judges dismissed the Justice Department’s classified documents and election interference cases against Trump last month at the request of the DOJ, which has a long standing precedent of declining to prosecute sitting presidents. —Sara Dorn, Forbes, 8 Dec. 2024

In the case of Wong Kim Ark...there has been no chipping away at precedent through other decisions. —Daniel R. Depetris, Newsweek, 8 Dec. 2024

Word History

Etymology

Adjective and Noun

Middle English, from Anglo-French, from Latin praecedent-, praecedens, present participle of praecedere — see precede

First Known Use

Adjective

15th century, in the meaning defined above

Noun

15th century, in the meaning defined at sense 1

Phrases Containing precedent

• break (with) precedent
• set a precedent

Kids Definition

precedent

1 of 2 adjective

pre·​ce·​dent pri-ˈsēd-ᵊnt  ˈpres-əd-ənt 

: going before in time, order, arrangement, or importance

precedent

2 of 2 noun

prec·​e·​dent ˈpres-əd-ənt 

1

: an earlier occurrence of something similar

2

: something that may serve as an example or rule to be followed in the future

Legal Definition

precedent

1 of 2 adjective

pre·​ce·​dent pri-ˈsēd-ᵊnt, ˈpre-səd- 

: prior in time, order, arrangement, or significance see also condition precedent at condition compare subsequent

precedent

2 of 2 noun

prec·​e·​dent ˈpre-səd-ᵊnt 

: a judicial decision that should be followed by a judge when deciding a later similar case see also stare decisis compare dictum

Note: To serve as precedent for a pending case, a prior decision must have a similar question of law and factual situation. If the precedent is from the same or a superior jurisdiction (as the state's supreme court), it is binding upon the court and must be followed; if the precedent is from another jurisdiction (as another state's supreme court), it is considered only persuasive. Precedents may be overruled especially by the same court that originally rendered the decision.

Etymology

Adjective

Middle French, from Latin praecedent-, praecedens, present participle of praecedere to go ahead of, come before