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Precedence vs. Precedents

Updated Jan 26, 2023

What are the differences between precedence and precedents?

Precedence is the act of taking precedence over someone or something, meaning it is given preference or priority over other people or things. For example, “The president's orders take precedence over all others.”

Precedents are legal or precedential decisions or rulings that serve as a guide for deciding similar cases in the future. For example, “The Supreme Court's ruling in this case sets a precedent for future decisions of this nature.”

Why do people commonly confuse precedence and precedents?

People commonly confuse precedence and precedents because these terms are often used interchangeably. However, precedence is a legal principle that states that a past decision can be used to determine the outcome of a similar case. Precedents, on the other hand, are the actual past decisions that are used to guide the decision of a current case. Therefore, precedence refers to the idea of using past decisions as a guide while precedents refer to the actual decisions themselves.

What are some ways to make sure you don't confuse precedence and precedents?

  1. Understand the difference between the two words by looking them up in a dictionary. Precedence is a noun that refers to the right to go first or to be given priority; precedents are nouns that refer to an earlier case or situation that is used as an example or rule to follow.

  2. Make sure to use the correct word in the correct context. For example, if you are talking about a court case, you would use the word 'precedent.' If you are talking about ordering of importance, you would use the word 'precedence.'

  3. Avoid using the words together in a single sentence, as this could lead to confusion.

  4. Read over your sentence several times before publishing to make sure you are using the right word in the right context.

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