precedent

1 of 2

adjective

: prior in time, order, arrangement, or significance

precedent

2 of 2

noun

prec·​e·​dent ˈpre-sə-dənt How to pronounce precedent (audio)
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

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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.

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 Land1991
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
Judge Barrett did not entirely embrace the notion of super-precedent. Jonathan Turley, WSJ, 15 Oct. 2020 Many legal scholars question the basis for declaring an ever-wider array of cases to be super-precedent as a way to protect favored rulings. Jonathan Turley, WSJ, 15 Oct. 2020 Britain has no clear privacy law, so precedent matters. The Economist, 3 Oct. 2019
Noun
Even some Republicans are worried the bill could set a dangerous precedent. The Indianapolis Star, 6 Mar. 2024 There is precedent for Trump winning an emergency request before a single appeals court judge. Patricia Hurtado, Fortune, 28 Feb. 2024 The clearest precedent for this situation took place across 2008-2009 when Warner Music Group removed or muted its music on YouTube for several months before the companies came to terms. Jem Aswad, Variety, 27 Feb. 2024 Retroactive pay is not without precedent at the city — including for the 2020 Democratic National Convention the city hosted. Alison Dirr, Journal Sentinel, 27 Feb. 2024 The social media companies sued, citing Supreme Court precedent that says state and federal governments cannot force people or businesses to speak. Carrie Johnson, NPR, 26 Feb. 2024 This is just one of several high-profile tech cases on the Supreme Court’s docket, as the court increasingly weighs how centuries of free speech precedent applies to the digital sphere. Cat zakrzewski, Washington Post, 26 Feb. 2024 There’s also precedent for this as eventually Bungie realized selling individual copies of shaders was incredibly dumb, switching eventually to permanent unlocks. Paul Tassi, Forbes, 25 Feb. 2024 Jami Taylor, a political science professor at the University of Toledo and an expert on L.G.B.T. politics, said in an interview that in signing the order, Mr. Blakeman had ignored both state law and a precedent set by the state Supreme Court. Claire Fahy, New York Times, 23 Feb. 2024

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'precedent.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

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

Time Traveler
The first known use of precedent was in the 15th century

Dictionary Entries Near precedent

Cite this Entry

“Precedent.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/precedent. Accessed 19 Mar. 2024.

Kids Definition

precedent

1 of 2 adjective
: going before in time, order, arrangement, or importance

precedent

2 of 2 noun
prec·​e·​dent ˈpres-əd-ənt How to pronounce precedent (audio)
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- How to pronounce precedent (audio)
: 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 How to pronounce precedent (audio)
: 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

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