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Case law (also known as decisional law) is that body of reported judicial opinions in countries that have common law legal systems that are published and thereby become precedent, i.e. the basis for future decisions. In the United States, law derived from judicial decisions is also referred to as common law and as black letter law. This type of law operates by application of precedent and so is also known as precedential law. Because it is law that is not enacted by a legislature, it is also a type of non-statutory law. Case law is judge-made law that interprets prior case law, statutes and other legal authority -- including legal scholars such as the Corpus Juris Secundum, Halsbury's Laws of England or the doctrinal writings found in the Recueil Dalloz and law commissions such as the American Law Institute In the civil law tradition, case law formally plays a minor role compared to the status of the civil code; however, judicial interpretation of the civil code, interpreting the legal meaning of the code's provisions, clarifying them, and providing for unforeseen developments, is often referred to as a jurisprudence constante. In France, the jurisprudence constante of the Cour de cassation (for civil and penal cases) or the Conseil d'État (for administrative cases) is in practice equivalent to case law, and is of considerable import in certain domains such as labor law or administrative law. In particular, the Conseil d'État and the Constitutional Council have distinguished "fundamental principles" that statutes and regulations must follow, even when those principles were not explicitly written in statutes.
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