how to do legal research australia

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A Practical Guide to Legal Research

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Research output : Book/Report › Textbook

T1 - A Practical Guide to Legal Research

AU - Sanderson, Jay

AU - Stamboulakis, Drossos

AU - Kelly, Kim

N2 - A Practical Guide to Legal Research remains the most practical, concise and accessible guide to legal research. It presents the essential skills of legal research in Australian Law and International Law, and provides focused examples that allow readers immediate practice and the chance to develop their legal research skills.The Guide moves logically through the process of legal research by actually showing the reader how to do legal research. It is, therefore, an ideal resource for law students, legal information professionals and legal professionals.Readers can choose to read the guide from cover-to-cover or dip in and out of it to find specific information or skills (eg, finding and updating cases and legislation). Each chapter covers a particular type of legal resource or jurisdiction, providing general discussion and commentary, with specific search strategies and examples, as well as discussion of both subscription and free services. The Guide has two parts: Part I Researching Australian Law; and Part II Researching International Law.The book is an invaluable reference for all those studying law and in legal practice.

AB - A Practical Guide to Legal Research remains the most practical, concise and accessible guide to legal research. It presents the essential skills of legal research in Australian Law and International Law, and provides focused examples that allow readers immediate practice and the chance to develop their legal research skills.The Guide moves logically through the process of legal research by actually showing the reader how to do legal research. It is, therefore, an ideal resource for law students, legal information professionals and legal professionals.Readers can choose to read the guide from cover-to-cover or dip in and out of it to find specific information or skills (eg, finding and updating cases and legislation). Each chapter covers a particular type of legal resource or jurisdiction, providing general discussion and commentary, with specific search strategies and examples, as well as discussion of both subscription and free services. The Guide has two parts: Part I Researching Australian Law; and Part II Researching International Law.The book is an invaluable reference for all those studying law and in legal practice.

M3 - Textbook

SN - 9780455244518

BT - A Practical Guide to Legal Research

PB - Thomson Lawbook Co

CY - Australia

Legal Research Guide

Get started with legal research essentials, databases for law, legal dictionaries.

• Looseleaf (Commentaries)
• Legislation
• Reports and Parliamentary documents
• Mooting and Advocacy
• Intellectual Property Law
• Taxation law
• Further resources

Reusing content from this guide

Attribute our work under a Creative Commons Attribution-NonCommercial 4.0 International License.

Legal Research Essentials Pressbook is your key reference guide to legal research at the University of Queensland Library. This Pressbook contains chapters on:

• the legal research process
• using the UQ Law Library
• finding secondary resources
• legislation
• referencing using AGLC4.
• Legal Research Essentials Pressbook

For a complete list of all available resources, see Databases for law .

• Encyclopaedic Australian Legal Dictionary
• Australian Law Dictionary
• Australian Legal Words and Phrases
• Laws of Australia -Westlaw Australia
• Halsbury's Laws of Australia
• Next: Databases >>
• Last Updated: Aug 15, 2024 8:01 AM
• URL: https://guides.library.uq.edu.au/legal-research-guide

University of Tasmania, Australia

Legal skills - research.

• Getting started
• Primary sources v secondary sources
• Where do I start my legal research?

Legal Research Tutorial

• What is a boolean search?
• How do I find secondary sources?
• How do I find case law?
• How do I find legislation?
• How do I evaluate legal materials?

Welcome to the Legal Research Guide

This guide is designed to help you find and evaluate legal information.

Below are some resources to help you get started.  On the left you will find links to legal resources and useful information. 

Understanding the Australian legal system is key to effective legal research.  This guide has videos on how the Australian parliament creates laws and how courts interpret and develop laws.

There are two distinct types of legal information

Primary sources of law.

Primary sources of law are laws made by parliament or cases decided in the courts of law. 

Secondary sources of law

Secondary sources of law are materials that explain or discuss the primary sources of law. examples include legal encyclopedias, case citators, case digests, text books, specialist commentary services and journal articles., where do i start.

Legal research can be daunting. By f ollowing the steps listed in yellow below you can become effective at legal research.  

(Image courtesy of University of Queensland Library, 2017)

Below is an excellent online tutorial produced by the University of Queensland Law Library.  We recommend that you attempt the online tutorial as a way to sharpen your legal research skills. 

(Courtesy of the University of Queensland Library, 2017)

What is a Boolean search? 

A Boolean search is a type of search allowing users to combine keywords with operators (or modifiers) such as AND, NOT and OR to further produce more relevant results.

AND is inclusive and limits your search. For example you can search "puppy" AND "kitten" to obtain materials that have both terms.

OR  usually broadens your search results. For example you can search "puppy" OR "kitten" to obtain all materials that include either one or both of the terms. 

NOT  will exclude specific search terms and so the query will not return any results with that term (or terms) in them. If you search  "puppy"  NOT " kitten"   you will retrieve all the materials that have puppy but no materials that have both kitten and puppy. 

(Image from www.onalaskaschools.com/tech/boolean-search-tools) 

• Next: How do I find secondary sources? >>
• Last Updated: Apr 30, 2024 12:30 PM
• URL: https://utas.libguides.com/legal_research

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Legal research: Home

• Library facilities
• Abbreviations
• Referencing This link opens in a new window

Welcome to the Legal Research Guide. It provides detailed support for finding specific legal information. We have incorporated  links to various other Library Guides for your convenience. In the Legal research guides section, you can find in-depth Library Guides in relation to researching Case Law and Legislation and locating various Secondary Sources. You can also find tips on how to decipher legal abbreviations, using our Abbreviations Guide. In the I'm studying section, you will find links that will point you out to subject specific Guides relating to Criminal Law, Procedure, Public International Law, Public Law and Torts. To assist your legal research journey further, we have included a section on the Legal Research Process , that outlines a 7 step strategy, to help you conduct effective and efficient legal research.     

Legal research guides

Click on the links below to access the following legal research guides:

• Legislation
• Secondary sources

I'm studying...

Click on the links below to access the following unit-specific guides:

• Criminal Law
• Public International Law
• Foundations of Public Law

The Legal Research Process: Researching legal issues involves checking many sources. There is no 'one size fits all' approach, as each legal problem has its own unique considerations. These 7 steps will help you during your research journey.

Step 1. Analyse the problem – identify the legal issues

• Think about the problem or situation and understand the  legal issues  involved, not just the facts.
• Does the problem relate to a particular jurisdiction or a particular period in time?
• Do you have a thorough understanding of the legal terms and phrases used in describing the problem or situation? This will help you with Step 2, planning your research strategy.  But check step 7 before you move on.

Step 2. Plan your research strategy – what are your  key sources and key concepts you need to use?

• What are the key concepts you need to research? (These will become your search terms).
• Use a  legal dictionary or encyclopaedia  to check for synonyms or alternative ways of describing these key concepts.
• In  online legal databases  you will sometimes need to use Boolean operators and other techniques to  construct effective searches . Learning how these operate in different databases is important to assist you in planning effective research.

  Step 3. Use secondary sources to get an overview of the legal issues: this works well for legal topics that are unfamiliar to you. 

• Consulting secondary sources such as  encyclopaedias or commentaries  will give you a summary of the law in the area you’re researching and also give you a sense of the broader issues and context with links (which you should note) to relevant legislation and cases.
• Halsbury’s Laws of Australia  or  Laws of Australia  are two examples. In some areas of law key legal texts can be valuable and also articles in legal journals.

Step 4. Follow leads to primary sources – these are your key authorities

• Reviewing your topic in secondary sources will have given you links to relevant legislation and cases. These primary sources of law should be the key focus of your research.
• Review the relevant parts of statutes and follow up on relevant cases.
• Searching and browsing though these may lead you back and forth between the secondary and primary sources.

Step 5. Check for currency – are your authorities still ‘good law’?

• Law is dynamic and evolving. Make sure that your information is current and that your authorities are still ‘good law’. Has the legislation you’re using been amended? Have you checked the most recent treatments of cases you are citing?
• Use sources such as the  WA Legislation ,  Federal Register of Legislation  or  LawNow  to check on the most recent state of legislation. Use  KeyCite  (Westlaw AU's built in citator) or  CaseBase  (Lexis+) to check how your cases have been subsequently treated.

Step 6. Broaden your search for more information as necessary, from journals, core texts etc.

• Look more broadly at how your topic has been treated in core texts or journal articles. These can be helpful in discussing how legislation has been interpreted or applied in a comparative way.
• Other secondary sources such as bills, second reading speeches, and explanatory memorandum can be helpful in understanding the area of law you are researching.

S t ep 7. Document your research process as you go.

• Document your research process by making a  note of what and how you search.
• Take note of sources and record the details necessary for your referencing.
• EndNote or other citations management software can be useful to record your sources
• Note the search terms you use and your results – this will save you time and duplication of effort.

The legal research process: Key points

Contact for support

Email your questions to our friendly library staff.

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More contact options are available on the Library Contact us page.

• Next: Free Law >>
• Last Updated: Jun 20, 2024 9:30 AM
• URL: https://guides.library.uwa.edu.au/legal_research

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Legal research

• Australian Legal System
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• Legislation

Aboriginal and Torres Strait Islander visitors  are kindly advised that this website includes images, sounds and names of people who have passed.

All users  should be aware that some topics or historical content may be culturally sensitive, offensive or distressing, and that some images may contain nudity or are of people not yet identified. Certain words, terms or descriptions may reflect the author's/creator's attitude or that of the period in which they were written, but are now considered inappropriate in today's context.

Key to library resources

Legal research - a strategy

It is important that you take some time to think about what you are looking for.  What are the key facts in your legal problem and what are the key search terms?  Write these down.  Do you know of any cases or legislation that cover this area of law?  If you don't know anything about the law covering your legal problem, start with finding simple plain language information to give you a basic understanding.

Find Legal Answers website

The following website provides an excellent starting point for legal research if you don't know anything about the laws relating to your legal problem or topic.  It provides access to useful, current and easy to understand information about the law in NSW.

Law handbook

The Law handbook  is a practical guide to 40 legal topics, the legal issues which affect people in their everyday lives.  Start with the Law handbook to get an understanding of your legal topic before doing more detailed research.

Legal dictionaries

Use legal dictionaries for definitions of legal terms.  

Legal texts

Text books provide you with an overview and broader understanding of the law on a particular topic or subject or on a legal issue.  You will get a clear summary of the law and it will refer you to key cases and legislation.  

Loose-leaf services  provide in-depth commentary and discussion on a particular topic or subject of the law that includes summaries of key cases and legislation.  Loose-leaf services are updated regularly.  Lawyers regularly use these services to keep up to date with their area of law.

Start by looking at the Find Legal Answers website (see above).  You will find a useful list of loose-leaf services under each topic.  When you find the topic or subject that covers your search question, click on the content location 'In the State Library' to find the list of State Library resources.  Note that this is not an extensive list.

To find a more detailed list of legal texts and looseleaf services, use the State Library catalogue.  Make sure you check the date of publication to ensure you are looking at a current text.  The most up-to date publications will be on the reference shelves

Legal encyclopaedias

Legal encyclopaedias give overviews of legal topics.

Journal articles

Journal articles are helpful if you want to find discussion or commentary about your topic when there have been recent changes to the law.  This will help you understand the impact of these changes.  They are also helpful for finding discussison and commentary about a recent court decision.

The State Library holds a large collection of legal journals. Search the catalogue or AGIS Plus to find journal articles.

The State Library subscribes to a number of legal databases which are useful fo rexperienced legal researchers.  Lawyers regularly use these services to keep up to date with their area of law. They can be difficult to use, so we recommend you read the user tips provided by the vendor or publisher. If you are new to the law, we recommend you start your legal research with more general resources such as the Law handbook .

Find a full list of the eResources available at the State Library.  Click on the 'Law" topic to find all the eResources about the law.

• Find full-text articles, newspapers, images and more The Library subscribes to eresources clients can access information not otherwise freely available online. You can log in to most eresources from anywhere, anytime if you’re a New South Wales resident with Library card or a registered NSW public library card. Some eresources, such as Ancestry, are only available in the Library.

Case citators

Case citators are useful for identifying key cases on your research topic.  If you have found a case that is similar to your scenario, you can use a citator to see how this case has been followed by subsequent cases.

Legal information at the Library

This Guide has been developed by staff of the Legal Information Access Centre (LIAC) , State Library of NSW. The State Library holds an extensive collection of case law, legislation and looseleaf publications.

Find out more about legal research

If you want to learn about how to do legal research, the State Library has a number of books in its collection.

• Legal research - Australia [catalogue search]

abbreviations - law journals

Understanding a journal citation

A journal reference or citation tells you the journal name, volume, year, issue and page number of the article you want to read.

Example - (2005) 79 (5) ALJ 276

• (2005)  - year of article
• 79  - volume of journal
• (5)  - issue of journal - not always given
• ALJ  - abbreviation of journal - Australian Law Journal
• 276  - page at which you will find the article

If the title of the journal is abbreviated, you will need to find the full title before searching the Library Catalogue. Use this abbreviation list to locate your abbreviation:

• Legal abbreviations (Monash University Library) Use this legal abbreviation guide to locate the full title of Australian and international law reports, law journals, legal organisations, courts, etc

Tips for using case citators

If you want more help with using these case citators, use our Research Guide Case Law - case citators .

• << Previous: Australian Legal System
• Next: Case law >>

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• Law Library

Legal Research Subject Guides

These guides are designed to help you find the best research resources for your area of law and include subscription and open access resources. They are developed by law librarians and are continuously updated with new content.

General Guides

Browse the law general research guides on tools, resources and skills to assist you during your time at the Melbourne Law School.

Guides on a range of subject areas and 'how to' guides on finding resources, such as newspapers, eBooks and theses, can be found on Library Guides Find and Access.

• Authorised Law Reports
• Keeping Up to Date in Law
• Law Rare Books Collection
• Legal History of Australia and the United Kingdom
• Perma.cc (web archiving and permalinks for law)
• Research Impact for Law
• Research Support for Law Graduate Researchers
• Secondary Sources for Law
• Selecting and Developing a Law Research Topic
• Zotero for Law

Australian Law Guides

Find the best law resources, databases and books for current, comparative and historical Australian legal research.

• Australian Case Law
• Australian and Comparative Constitutional Law
• Australian International Taxation Law (subpage of Public International Law Guide)
• Australian Law: Free online resources
• Australian Law Textbook Finder
• Australian Legislation
• Australian Taxation Law
• Competition and Consumer Law
• Construction Law
• Human Rights Law
• Indigenous Law (Australia)

Foreign Law Guides

Research guides on laws of other countries and regions.

• Canadian Law
• Chinese (PRC) and Hong Kong Law
• European Union Law
• Foreign and Comparative Law
• Human Rights Law (subpages of International Human Rights Law)
• New Zealand Law
• Papua New Guinean Law
• South African Law
• Southeast Asian Countries Law
• United Kingdom Law
• United States of America Law

Global and Comparative Law Guides

Search across diverse jurisdictions. These guides can provide valuable insights through comparative legal studies.

• Comparative Human Rights Law
• Comparative Indigenous Law
• Comparative Tax Law
• Global and Comparative Constitutional Law (subpage of Australian and Comparative Constitutional Law)
• Global and Comparative Labour Law

International Law Guides

Laws of international institutions.

• Australian International Tax Law (subpage of International Tax Law Guide)
• Case Law (subpage of Public International Law Guide)
• Human Rights Law - International and Regional (subpage of Human Rights Law)
• International Criminal Law
• International Environmental Law
• International Humanitarian Law
• International Labour Law
• International Investment Law
• International Tax Law
• International Trade Law
• Law of the Sea
• Public International Law
• Refugee and Asylum Seeker Law
• Sources of International Law (subpage of Public International Law)
• Treaties (subpage of Public International Law)
• United Nations (subpage of Public International Law)

Legal Research Skills Guide: I - The Facts and the Legal Issues

• Getting Started
• Legal Research Strategy (IRAC)
• I - The Facts and the Legal Issues
• R - Gather background information
• R - Locate key case law or legislation
• A & C - Apply & Conclude...
• Search tips
• Using Primo Search
• Effective internet searching
• Evaluating information
• Keep a record
• Legal Dictionaries
• Legal Encyclopedias
• Journal Articles & Databases
• Books & ebooks
• Legal Commentary
• What is case law?
• Reading a case citation
• How to find a case
• Unreported Judgments
• Law reports - Authorised vs Unauthorised
• Case Citators
• Anatomy of a case
• Judicial consideration
• Legislative process
• Terminology
• Finding NSW legislation
• Finding Commonwealth legislation
• Extrinsic materials
• Commencement
• History of an Act
• An introduction to legal referencing
• AGLC Referencing guides
• Repeat citations
• Bibliographies

Identifying the Facts

• Who – Who was responsible? To whom did it happen? 
• What – What happened? What is the desired outcome?
• Where – Where did it happen? Jurisdiction?
• When – When did it happen?
• Why – Why did it happen?
• How – How did it happen?

Not all of these will be relevant in every scenario, but it is good to identify these elements before developing the legal issues you need to address.

Remember to 

• list each fact separately,
• order them logically or chronologically, and
• acknowledge any missing facts, do not assume facts!

Identifying the Issues

A legal problem will usually comprise of more than one issue. When you start your research issues don’t need to be overly specific. You may need to narrow your research focus as you work

If the issue is in its nature reasonably certain, then little research may be required. More research may be required in the grey or difficult areas of law relative to your facts. This might be because 

• Problems that accompany the facts as provided 
• The law is uncertain or arguable

The more difficult the issues = The more research focus required

A legal issue should be stated as a question, and you then work on providing the answer to that question. The law is often concerned with rights and liabilities of the parties, so a good approach is to frame the issues in the terms of possible rights and liabilities. Identifying issues from facts is a skill that will take time to develop, and you will refine this the more you do it.

Activity #2 - Identifying legal facts and issues

Jane speaks to her Uncle Bill at a family barbeque in March. He is happy to help out and lends Jane the money on the understanding that Jane can pay off the loan when she starts her after school job at the supermarket.

Jane contacts the caterers, decides on the menu, and pays a deposit. She spends the rest of the money on decorations and on hiring a DJ. She also spends $200 to buy herself a new dress and shoes.

At a Christmas gathering Uncle Bill asks Jane when she is planning to repay the money. Jane tells him she can't repay it because she decided not to take the supermarket job but instead to study hard, finish school and go to University.

• << Previous: Legal Research Strategy (IRAC)
• Next: R - Gather background information >>
• Last Updated: Jul 23, 2024 2:55 PM
• URL: https://libguides.csu.edu.au/legal_research

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Introduction to Legal Research and Writing

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Writing clearly, concisely, and accurately is essential in the legal sector. If you are a legal assistant or a writer wanting to hone your legal writing and research skills, this course is ideal for you.

Introduction to Legal Research and Writing is an online professional development program that provides the skills, knowledge, and tools to succeed in researching and writing legal documentation.

In this legal writing course, you will learn about the Australian legal system and ethics, develop your research skills, and hone your legal analysis and persuasive writing techniques.

You will also explore key legal databases, the fundamentals of case law analysis and legal problem-solving methodologies for effective legal writing and drafting.

On completion of this course, you will have gained the skills to improve your legal writing skills, conduct thorough research, and communicate effectively through persuasive writing.

Course Structure

Unit - Legal Research and Writing

Unit 1: Understanding the Australian Legal System

• Australian legal system
• Structure of government
• Common law and statutory law
• Common law principle
• Role of the High Court
• Legal institutions
• Rights and freedoms
• Legal professionals
• Federal laws
• State and territory laws
• Shared powers
• Local government
• Statutory interpretation
• Common law and legislation
• Doctrine of Precedent

Unit 2: Legal Ethics and Professional Responsibility

• The role of lawyers
• Legal drafting
• Fiduciary duty
• Access to justice
• Duty to the court
• Conflicts of interest
• Professional integrity
• The practice of law
• Codes of conduct
• Ethical considerations
• Confidentiality and privilege

Unit 3: Introduction to Legal Research

• Understanding the law
• Finding applicable laws
• Primary legal resources
• Secondary legal resources
• Legal databases
• Critically evaluating sources

Unit 4: Using Case Law Databases

• Case law databases
• Legislative research
• Legal encyclopaedias
• Internet research
• International research

Unit 5: Legal Analysis

• Introduction to legal analysis
• Identifying legal issues
• Analysing the law
• Applying the law to facts
• Counterarguments
• Drawing conclusions
• Reading and briefing cases
• Analogical reasoning
• Legal precedents

Unit 6: Legal Problem Solving

• Legal principles and rules
• Developing legal arguments
• Applying law to facts
• Predictive legal writing
• Researching the law
• Analysing the facts
• Analysis and reasoning
• Supporting your analysis

Unit 7: Legal Writing Fundamentals

• Effective legal writing
• Legal writing style and tone
• Formal and professional language
• Concise and clear writing
• Active voice and strong words
• Logical organisation
• Citation and attribution
• Objectivity
• Writing structure
• IRAC Method
• Grammar and Punctuation

Unit 8: Specific Legal Documents

• Legal memoranda
• Drafting affidavits
• Court briefs
• Drafting contracts

Unit 9: Persuasive Legal Writing

• Legal advocacy
• Legal arguments
• Effective communication
• Oral advocacy skills
• Written advocacy skills
• Emotional intelligence
• Evidence and facts
• Ethics and professionalism
• Adaptability and flexibility
• Persuasive strategies
• Writing appellate briefs
• Ethics and persuasion

Unit 10: Revision and Professional Development

• Revising and editing
• Peer review
• Continuing legal education
• Career opportunities

Study Hours

Estimated duration 30 Hours

Course Delivery and Start

Start anytime, self-paced and 100% Online

Assessment will be comprised of written exercises, including short-answer questions, reflective tasks, short reports and/or projects. There are no examinations or due dates for assessment. As a result, you can complete training in your own time and at your own pace with the assistance of unlimited tutor support.

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J. Clough, Currimundi, QLD | Legal Research and Writing

I enjoyed my time studying with AOC. I found that it was very easy to navigate my learning and also easy to receive very prompt responses to questions.

B. Scott, Brisbane, QLD | Legal Research and Writing

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Michael | Doonside | Introduction to Legal Research and Writing

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Fantastic experience and was able to gain lots of knowledge.

I have learnt a lot from this course. This course has helped me to manage my anger issues and look at things from a different perspective. I have learnt that my anger and the behaviour can affect others. I have learnt new ways on controlling and managing my emotions and anger. This is the first time i have attended an anger management course. I wish I had done this course earlier.

The course content was relevant, interesting and appropriately paced.

My experience was Australian Online Courses was excellent. I could complete the work at my own pace using the provided materials which were in a easy to access spot. The education has helped me formulate ideas for progressing a project I am currently trying to develop. Overall I am very satisfied with what I have experienced.

It was a very informative platform. The study material is very useful and assignments are practical based real life situations. I learned a lot and I try my best to improve myself with the help of this course.

I completed this course to develop my knowledge and skillset in policy development in hopes of progressing my career. Online study works best for me to allow me to continue working full time, and studying when it suits me. Assessments were marked quickly, and the content was engaging and beneficial. Thank you to AOC

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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

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Legal research

Legal research competencies.

Legal research is fundamental to the practice of law and mistakes can be costly.

WA law librarians have collated core competencies (see below) taught at WA law schools and expected by your future employers. This guide and your studies should help to equip you with these research skills before you graduate.

Core competencies for …

• Understand what is meant by Primary and Secondary sources of law
• Evaluate the authority of different sources
• Understand Boolean operators
• Have effective search strategy skills
• Understand the relationship between legislation and delegated legislation
• Locate legislation and delegated legislation from authoritative sources
• Locate legislation and delegated legislation by subject
• Discover when legislation and delegated legislation commenced and was in force
• Discover what legislation and delegated legislation was in force at a certain point in time
• Check for amendments to legislation
• Locate previous versions of legislation
• Understand the difference between numbered, reprinted and compilation versions of legislation
• Understand the Court hierarchy
• Understand the case reporting hierarchy
• Understand the difference between reported and unreported cases
• Find cases by citation, party names
• Locate reported cases
• Locate unreported cases
• Find cases by subject
• Locate cases by a defined term or phrase
• Understand the features of a case citator
• Locate cases judicially considered
• Understand the difference between authorised and unauthorised report series
• Locate an overview of an area of law
• Find commentary on legislation or cases
• Find journal articles on a topic or case

WA legal research FAQs

WA legal research FAQs Here your will find competencies and self test questions

Australian legal research books

A practical guide to legal research (2021) by Jay Sanderson, Drossos Stamboulakis, Kim Kelly

Clear and precise Writing skills for today’s lawyers (2021) by Narrelle Morris, Rosaline Tan

Effective legal writing : a practical guide (2021) by Nichola Corbett-Jarvis, Brendan Grigg

Nemes and Coss’ effective legal research (2021) by Bruce Bott, Ruth Talbot-Stokes

Laying down the law (2020) by Robin Creyke, David Hamer, Patrick O’Mara, Belinda Smith, Tristan S. Taylor

Context and method in Australian law (2019) by Russell David Hinchy, Narrelle Morris

Legal Reasoning (2010) by John Farrar

Students’ Guide to Legal Writing, Law Exams and Self Assessment (2010) by Enid Campbell, Richard Fox, Melissa De Zwart

A Practical Guide to Legal Research Fifth Edition - Book

Description

Table of Contents

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A Practical Guide to Legal Research remains the most practical, concise and accessible guide to legal research. It presents the essential skills of legal research in Australian Law and International Law, and provides focused examples that allow readers immediate practice and the chance to develop their legal research skills. 

The Guide moves logically through the process of legal research by actually showing the reader how to do legal research. It is, therefore, an ideal resource for law students, legal information professionals and legal professionals.

Readers can choose to read the guide from cover-to-cover or dip in and out of it to find specific information or skills (eg, finding and updating cases and legislation). Each chapter covers a particular type of legal resource or jurisdiction, providing general discussion and commentary, with specific search strategies and examples, as well as discussion of both subscription and free services. The Guide has two parts: Part I Researching Australian Law; and Part II Researching International Law.

The book is an invalubale reference for all those studying law and in legal practice.

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1. Introduction

2. Legislative Material

3. Case Law

4. Secondary Sources

5. Commercial Law

6. UK, NZ and Canada

9. Conflict of Laws

10. Public International Law

11. Advanced Legal Research

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Use the following resources to find information for Australian case law.

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2024 Australia: State of the Legal Market Report

Thomson Reuters | September 5, 2024

Australia’s legal market is experiencing a period of unprecedented dynamism, according to the Thomson Reuters Institute’s “2024 Australia: State of the Legal Market Report” .

“The 2024 financial year (FY 2024), which ended 30 June, has seen demand for legal services across the practice spectrum rising at a stunning 7.5% average pace even as rates continue to grow at an historically high speed,” says the annualised report, now in its tenth year of publication.

The report’s insights are generated from the financial metrics of 20 participating firms in Australia and include some of the largest firms (by qualified-fee-earner count) in the region.

A range of performance metrics fill the pages of the analysis, from demand growth by practice area, to the rate of growth in demand for legal services across the states of Australia.

Melbourne Law School’s Interim Dean reflects on the data

Professor Alison Duxbury, Interim Dean of Melbourne Law School, was invited to contribute this year’s foreword. The professor observes two significant reflections:

The nature of law firm partnerships is changing

“First, the report highlights that there has been a change in the nature of partnerships, with a growth in non-equity partners in many law firms. While this change has advantages for individuals, the report notes that it could potentially result in a lack of diversity in the critical decision-making processes of law firms which may limit innovative thinking in the future.”

Good lawyering is comprised of human qualities

“Second, as Professor Harding highlighted in 2023, while technology will continue to drive legal innovation, we must remember that good lawyering is comprised of a range of very human qualities. It is important that, while we continue to integrate technological innovation into the curriculum, we also teach skills that emphasise the role of empathy, critical reflection, and teamwork.

How to access “2024 Australia: State of the Legal Market Report”?

The 2024 edition of the “State of the Legal Market” report is available to download here on Legal Insight. Simply complete the form on the page for immediate access to Australia’s leading legal market trends.

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About this Guide

Note: A new edition of this guide was published on 15 January, 2024 with an additional 3 chapters included at: Legal Research Skills: An Australian Law Guide (2024 Edition) .

This guide is designed to support students undertaking legal studies and contribute to developing research skills in Australian law schools.

Legal Research Skills: An Australian Law Guide is organised into four parts:

• Part 1: Research Skills introduces the concept of legal research, identifies the key sources of legal information, and the importance of researching strategically.
• Part 2: Case Law provides an introduction on how to locate cases by citation or topic, and judge a case’s reliability.
• Part 3: Legislation helps students learn about the parliamentary process, how to find legislation and the materials used for statutory interpretation.
• Part 4: Secondary Sources focuses on the role of secondary sources in legal research.

This guide is general in nature and is designed to be institution neutral. The guide is shared under a CC-BY-NC 4.0 licence and can be adopted as is or adapted and localised for specific Australian Universities, law libraries and/or law schools. The 2023 edition of this guide primarily includes examples from the Queensland, Victorian and Commonwealth jurisdictions but it is envisioned that this resource will be updated regularly and expanded to include examples from all other Australian jurisdictions in the future.

Attribution

This guide is gratefully attributed as being an adaptation of Legal Research Essentials by the University of Queensland Library which is available under a Creative Commons Attribution Noncommercial 4.0 International Licence.

Acknowledgements

• The University of Queensland
• James Cook University
• The University of Southern Queensland
• Charles Darwin University
• Southern Cross University
• Queensland University of Technology
• Deakin University.

Legal Research Skills: An Australian Law Guide: 2023 Edition Copyright © 2023 by The University of Queensland, James Cook University, the University of Southern Queensland, Charles Darwin University, Southern Cross University, Queensland University of Technology, and Deakin University is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License , except where otherwise noted.

Legal Services Demand Research in Australia -- 2

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How to Conduct an Indiana Business Search

Starting a business in the Hoosier State? Consider doing a quick business search, first.

Ready to start your business? Plans start at $0 + filing fees.

by   Connor Beaulieu

Connor is a content strategist, journalist, and legal writer living and working in Chicago. Over the past decade, he'...

Read more...

Updated on: September 10, 2024 · 3 min read

Contact information for the Indiana Secretary of State

How to do an indiana business search in 3 steps, indiana's business naming guidelines, other tips for choosing a business name.

When starting a new business, the last thing you want is waste time renaming it because of simple oversights. Beyond legal challenges and potentially having your registration denied, choosing the wrong name---or just one too similar to another company's---can also be a nightmare for branding, advertising, and reputation management.

Luckily, a quick Indiana business search can avoid all of those problems.

https://www.in.gov/sos/

Mailing address

Business Services Division 302 W. Washington St. Room E018 Indianapolis, IN 46204

Phone number

317-234-9768

Hours of operation

Monday-Friday, 8:00 a.m.-4:30 p.m.

Since the Indiana SOS website redesign, finding information about other businesses takes only three easy steps:

1. Head to the Indiana SOS website

First navigate to the Indiana Secretary of State website and head to the Business Services page. There, under "Online Services," you'll find the "Search Businesses" option. This gives you access to information about all businesses currently operating within the state.

2. Choose your search parameters

There are several ways to search for businesses in the state, from business ID and name to trademarks and address. If you only want to check a name's availability, search that way, but experiment with other methods if your goal is to find information on competitors.

3. Save your search results

Once you have the information you need, you can either download or print the results. Even if you only need to reserve a business name now, having that information on hand can help for further research down the line.

There are three main rules when naming a business in Indiana:

Distinguishability. Any new business formed in Indiana must be distinguishable from existing businesses. This means that whatever name you choose cannot be an exact match for another business' name, and it must be different enough that the public can easily distinguish between your company and others.

Business entity designations. Your business name must include some indication of its business structure, such as LLC , corporation, or LTD.

Prohibited terms. Unless you obtain specific approvals from the state, your business name cannot contain a word from the prohibited terms list. These include terms like bank, insurance, or trust.

Outside of the legal requirements for choosing a business name in Indiana, there are some other things to remember to boost your chosen name's impact.

Check domain name availability

Even the most eye-catching name can struggle without a domain name to match. Before you register your business name with the state, spend a little time thinking about how you'll name your website and whether your top choices are available.

Reserve social media handles

Just like domain names, social media handles (Instagram, X, etc.) can be incredibly important for branding and advertising. Make sure to reserve names on any social media platforms you intend to use for your business.

Search for trademarks

Trademark infringement law is complicated, expensive, and time-consuming---which is why you should avoid it at all costs. Make sure that any business name you choose doesn't step on the toes of an existing intellectual property, especially if that property is known to litigate cases of infringement.

How do I find a business ID?

A business' identification number is registered online with the SEC, can be found on many of its public business documents, or can be requested directly from the business itself.

Who can register a business' name?

A business name can be chosen by that business' governing person, meaning someone who is in charge of running or managing the company's affairs.

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The office tenant wishlist, contacts & related research.

Legal occupiers looking to attract and retain top talent, drive performance, and prioritise ESG requirements are demanding premium space that provides vibrant employee experiences and positive environmental impact. This is true for all firms across the rankings, but particularly pronounced amongst top-tier global law firms that are investing heavily in the best-in-class assets in markets across the world.

The flight to prime continues to drive relocations as well as price premiums, especially in tight markets. In the US, price premiums for ultra-prime offices are particularly significant.

Occupiers demand premium, highly-amenitised space in accessible and attractive urban environments in order to recruit and retain talent and drive productivity. 

ESG certification is also a top consideration for all legal tenants, with Europe and Australia significantly ahead of the US and Asia.

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Asthma ‘hotspots’ identified as new research puts spotlight on regional Australia

Topic: Health

Ebony Elliott said there is no clear trigger for her daughter Oakley's asthma attacks. ( ABC News: Chris Taylor )

Researchers identified 465 asthma hotspots.

New South Wales had 38.9 per cent of the hotspots, Victoria 20.9 per cent, Queensland 18.1 per cent and Tasmania 11 per cent.

What's next?

Asthma Australia said there are things parents of children with asthma can do to help manage the illness like using air filters or reducing dust and mould.

Catching a simple cold can be life-threatening for 10-year-old Oakley Elliott. It can put her in an intensive care unit for weeks.

Not due to the cold itself, but because it's a trigger for her complex asthma.

"First, I get a cough, then I get tight in the chest because I struggle to breathe. I feel scared because I don't want to go to hospital," she said.

Sometimes Oakley's asthma has been so bad she's been airlifted to Melbourne for emergency treatment.

Accessing healthcare in her regional city is difficult for Oakley.   ( ABC News: Chris Taylor )

With no other clear trigger for her asthma attacks, Oakley's family places a lot of emphasis on avoiding sickness.

But with three other kids, one of them still in childcare, that's an almost impossible task.

"I feel like we get every daycare bug coming home," Oakley's mum, Ebony Elliott, said.

"If she catches even just a minor cold, she can wind up in ICU.

"We're all very on edge, because we're not sure, you know, of what the outcome might be."

As scary as those unpredictable events can be, it's the regular travel from their home in Albury in southern New South Wales to Sydney for medical appointments that takes a larger toll on the family.

Oakley Elliott can end up in intensive care if she contracts a cold. ( Supplied )

Already this year, the Year 4 student has travelled to Sydney six times, missing 11 weeks of school, the equivalent of a whole term.

"It's annoying, because I miss lots of school, and I miss family fun things, and my siblings, I miss them a lot," Oakley said.

When her mum is in Sydney with her and her dad's work starts early in the morning, Oakley's grandparents need to stay over to help the rest of the family get through the day.

For many families in regional Australia, accessing the same kind of life-changing care comes with plenty of barriers.

Oakley Elliott suffers from asthma and needs regular medical assistance. ( Supplied )

More than 400 hotspots identified

Asthma is a huge issue for Australian families. Around 10 per cent of children up to the age of 14 suffer from the condition, which affects the airways and makes it harder to breathe.

At worst, it can be fatal, claiming around 400 Australian lives each year.

New research published in the peer-reviewed journal Global Health Research and Policy shows regional Australia is disproportionately affected by childhood asthma.

The researchers from the University of New South Wales looked at data collected in the last census, which asked about asthma in kids.

They broke that data down by small geographical areas provided by the Australian Bureau of Statistics (ABS).

The average rate of child asthma in each area was 6.27 per cent.

Areas with higher rates were classified as hotspots if they neighboured another area where rates were also high.

The researchers identified 465 asthma hotspots.

Dr Nusrat Homaira from UNSW School of Clinical Medicine ( ABC News: Chris Taylor )

Study co-author Dr Nusrat Homaira from UNSW School of Clinical Medicine, said the researchers found a clear link between poorer areas and child asthma.

"The majority of the hot spots, more than 60 per cent, were in socio economically disadvantaged areas," she said.

A further 20 per cent were in areas with a medium level of disadvantage.

They also found that 84 per cent of the hotspots had a higher-than-average Indigenous population.

"Socio-economic disparities, even in a wealthy country like Australia, play a huge role when we talk about burden of acute and chronic conditions," Dr Homaira said.

"It's a rich country. Our children shouldn't have to suffer because of social economic disparities."

Dr Homaira said while the study did not look at the causes of the disparity, previous international work had shown poorer areas often had higher rates of environmental pollution, higher levels of smoking indoors, overcrowded housing and lower education levels.

"People on lower incomes are more likely to be in substandard housing, where there can be greater exposure to triggers like mould and dust mites or may be living in areas where there are higher levels of air pollution or pollens.

"All of these are known to be established triggers for asthma," Dr Homaira said.

The difficulty many people in regional Australia face in accessing health care, be it general practitioners or specialists, was also a factor, Dr Homaira said.

What can parents do?

Anthony Flynn from peak body Asthma Australia  ( ABC News: Patrick Stone )

Anthony Flynn from peak body Asthma Australia said there are several things parents of children with asthma can do to help.

"Just because you live in a hotspot area doesn't mean that there's nothing to do or that your outcomes are written in stone," he said.

Mr Flynn said parents should:

• Consult with a doctor to ensure medication is right for the patient
• Reduce the use of gas for cooking and heating, or limit exposure of children to gas
• Reduce dust and mould quickly with regular cleaning
• Use air filters in the home

Mr Flynn said previous research had shown poorer people were more likely to have recurrent viral infections earlier in life and live in areas where pollution was higher, which were both factors that can cause asthma.

"This research validates some established knowledge and evidence around the role of society and socio-economic status on the wellbeing of people with asthma, and even on the risk that they might get asthma in the first place," he said.

Oakley’s asthma has been so bad she’s been air lifted to Melbourne for emergency treatment. ( ABC News: Billy Cooper )

For Oakley, the difficulty in accessing healthcare in her major regional city is a huge disadvantage.

"In Albury, they don't have specialists for lungs, so I have to come to Sydney," she said.

Ebony said the family had been lucky to have the support of a couple of different charities; Little Wings which transports her and her daughter to Sydney for free and Ronald McDonald House, which provides accommodation.

"I think without them, this treatment for her would be out of reach," she said.

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Australia proposes legal minimum age for children accessing social media

The australian government has promised to legislate this year to enforce a minimum age for children to access social media but has yet to announce how ages will be verified.

Published - September 11, 2024 02:07 am IST - MELBOURNE, Australia

On this photo provided by AAP IMAGE, Australian Prime Minister Anthony Albanese attends a question time at Parliament House in Canberra, on September 10, 2024. | Photo Credit: AP

The Australian government on Tuesday (September 10, 2024) promised to legislate this year to enforce a minimum age for children to access social media, but it has yet to announce how ages will be verified.

Prime Minister Anthony Albanese said the government would soon trial age verification technology with a view to banning children from opening social media accounts. The line would be drawn between the ages of 14 and 16.

Several countries and U.S. states are attempting to legislate to spare children harm from social media, including bullying.

The Australian move comes as parents increasing call for their children to be protected online and with the opposition party promising a social media ban for children under 16 if it wins elections due by May next year.

“We’ve committed to introducing legislation before the end of this year for age verification to make sure that we get young people away from this social harm,” Albanese told Australian Broadcasting Corp.

“This is a scourge. We know that there is mental health consequences for what many of the young people have had to deal with. The bullying that can occur online, the access to material which causes social harm, and parents are wanting a response,” Albanese added.

Lisa Given, an information technology expert at the Royal Melbourne Institute of Technology, said the government’s plan would prevent children accessing useful content as well.

“This is actually a very problematic move,” Given said.

“This is a very blunt instrument that’s going to potentially exclude children from some very, very helpful supports on social media."

South Australia state has recently proposed a law that would fine social media companies that did not exclude children under the age of 14 from their platforms.

Published - September 11, 2024 02:07 am IST

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