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Case law is judge-made law that interprets prior case law, statutes and other legal authority. Judges may also refer to persuasive authority 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 considerably important in certain areas such as labor law and administrative law. In particular, the Conseil d'État and the Constitutional Council have adopted "fundamental principles" that statutes and regulations must follow, even when those principles were not explicitly written in statutes.
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Generally speaking there is no direct oversight that appellate courts have over a court of record. If a lower court judge acts against precedent and the case is not appealed, the lower court decision will stand. This may occur more frequently than has been documented as an appeal is usually quite expensive to prepare. A court may rule against a precedent that is outdated — that is, the court believes that developments or trends in legal reasoning render the precedent inapplicable. In doing so, the court may wish to help the law evolve by ruling against precedent and thereby indirectly inducing a losing party to appeal. If the court successfully induces the appeal, the appellate court will have an opportunity to review the lower court's decision and may adopt the lower court's reasoning and overturn previous case law.
“We judge ourselves by what we feel capable of doing, while others judge us by what we have already done”- Henry Wadsworth Longfellow



