How to research case law

How do I find a case law?

Use the following resources to help find your case:

  1. Law reports at the State Library. The Library holds a selection of law reports. If your case has been published in a law report you may find it in the Library.
  2. Cases on AustLII. Find cases from all Australian jurisdictions.

What are some examples of case law?

When they sue their landlord, the court must use the previous court’s decision in applying the law. This example of case law refers to two cases heard in the state court, at the same level.

How do you research a law?

  1. Step 1: Gather and Understand the Facts of Your Case. The first step in legal research is to write a statement of facts. …
  2. Step 2: Determine Your Legal Problem and Your Desired Outcome. …
  3. Step 3: Finding Legal Information and Reading About the Law. …
  4. Step 4: Legal Analysis/Legal Writing and beyond.

How do you cite a case law?

Traditional Form of Legal Citation

  1. case name (also known as the style of cause) in italics.
  2. v to separate names (indicates language of case is English) in italics.
  3. year of decision in round brackets followed by a comma [or a comma, then the year of publication in square brackets if the year is needed to identify the book]

What does R stand for in law?

The letter R commonly represents Regina, the latin term for the Queen. In criminal proceedings, “R” refers to the Crown or the Commonwealth.

What does case law include?

Case Law, often used interchangeably with the term Common Law, refers to the precedents and authority set by previous court rulings, judicial decisions and administrative legal findings or rulings. … This means that a court will rule according to a previously established decision or finding.

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What are the 5 types of law?

In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).

What are the 3 Supreme Court cases?

look at the court’s most famous decisions:

  • Marbury v. Madison, 1803 (4-0 decision) …
  • McCulloch v. Maryland, 1819 (7-0 decision) …
  • Dred Scott v. Sandford, 1857 (7-2 decision) …
  • Plessy v. Ferguson, 1896 (7-1 decision) …
  • Korematsu v. United States, 1944 (6-3 decision) …
  • Brown v. …
  • Gideon v. …
  • New York Times v.

What is a statute example?

The definition of a statute is a written law passed by a legislature or decree by a ruler. When the legislature makes a law that establishes rules for a specific type of taxation, this is an example of a statute.

What does legal research involve?

Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a “case of first impression” that is unregulated or lacks legal precedent.

Is legal research hard?

Legal research itself is not typically that difficult. For small firms, what makes it difficult is the expense. Large firms typically pay more money for better research capabilities, which is something small firms are unable to do.

What are legal research tools?

7 Free Legal Research Tools For Your Law Firm

  • Google Scholar. The Google interface is a familiar one to most of us. …
  • State Court Websites. Most state courts offer some caselaw, with limitations. …
  • Bar Association Legal Research Platforms. …
  • Fastcase. …
  • Casemaker. …
  • FindLaw. …
  • The PLoL. …
  • Casetext.
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How do you read a legal citation?

Reading Legal Citations

  1. the names of the parties involved in the lawsuit.
  2. the volume number of the reporter containing the full text of the case.
  3. the abbreviated title of that case reporter.
  4. the page number on which the case begins the year the case was decided.
  5. the name of the court deciding the case (not always included)

What citation means in law?

A citation (or cite) in legal terminology is a reference to a specific legal source, such as a constitution, a statute, a reported case, a treatise, or a law review article.

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