Commonly Confused Words: Precedent vs. Precedence

As I sit here watching Private Practice and trying to decide what previous experiences set a precedent that brought me to this exact moment, I wonder if more important things should take precedence over a TV show. This line of thinking makes me realize how easy it is to mix up words like precedent and precedence. The English language is full of commonly confused words, but don’t fret any longer when it comes to understanding precedent vs. precedence. It’s easy to tell the two words apart when you know the tricks. 

Precedent vs. Precedence at a Glance

  • Precedent is an adjective and a noun that can be used to describe a prior time, order, situation, or event. The term can also refer to a case or decision used as a model in legal proceedings.
  • Precedence can be swapped with priority and can be used to show preference in ceremonial order.

When To Use Precedent

At its simplest, the term precedent refers to anything that is used as a guide or example for future actions or decisions.

Precedent is most often found in legal proceedings. A judge will use precedent (legal decisions) from a prior case to determine a ruling in a similar case. If something contradicts another precedent, the new ruling is said to go against precedent. This means that the judge’s decision deviates from the established legal standards set by previous rulings in similar cases.

However, the ruling can also be used to show that the legal case does not follow other examples, so you would say that the verdict is without precedent

Precedent also exists in design knowledge, which refers to how a designer uses personal experiences to shape their design choices. 

Precedent Examples

  • The attorney cited a precedent from a 1980s Supreme Court case to support her argument.
  • In Jill’s family, it was a long-standing precedent to gather for Sunday dinners.
  • The renewable energy program launched a precedent-setting initiative on Tuesday.

When To Use Precedence

Precedence shows the priority or importance of different things, such as a family emergency taking precedence over hanging out with friends. You will often find the words takehave, or give before the word precedence.

The term precedence also indicates the ranking of officials at a social gathering, where people are seated in order of precedence. For example, a major in the army would take precedence over a private. 

Precedence is also used in mathematics to determine the order of operations. It specifies whether multiplication and division or addition and subtraction should be performed first in a math problem.

Precedence Examples

  • Charlie ordered first, so his order takes precedence and gets handled before the rest.
  • The current bill in Congress had to wait because the budget negotiations took precedence.
  • In emergency rooms, patients with life-threatening conditions take precedence over those with minor injuries.

Setting the Precedent: Which Takes Precedence?

The precedent vs. precedence debate might seem tricky because both words sound so similar, but it’s all about the context: Use precedent when you’re talking about an example or standard, and precedence when something is a priority.

The English language is full of similar words, which can make writing correctly tricky. Check out our Confusing Words resource to boost your writing confidence!

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