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What are the three ways to navigate around the Australian Digest? o Index o Key (table of contents) o Through issue numbers you can find new if you have old o Title numbers paragraph numbers?

Why would you use a Halsbury instead of laws of Australia or Australian Digest? Used so when you start research on an unfamiliar topic, you get an idea of what the research is about, shows you where to go from there through footnotes More thorough, has a particular style Better used for legal advice Black letter law For research Gives exposition of the law. Stmts supported by primary authority, gives all relevant footnotes. Propositional (aka expositional) style of writing i.e. law stated and backed up. Read it as narrative text then look at foot notes for further information. Very little history and criticisms as cannot source outside the primary statements of law.

What do Case citators allow you to do? Used to check if Law is still used or changed. Rob - gives history of the case/ gives the cases status, Francis - Validates the case (mean same thing) Allow further research by: o Showing more recent cases o Shows how modern law is treating earlier authority. Enable you to find cases more close to the factual situation in front of you by providing other similar cases where particular case was looked at. Cites things Gives alternative citations What do annotators allow you to do? Organised by name of legislation alphabetically, and then into sections within each act. Shows cases related to each section Provide explanation of leg. Changes to legislation are set out.

Separate annotator for each different jurisdiction eg cth statute annotator (note: we dont use the NSW one much as its function of finding amendments is carried out by legislation in forces table of public acts) More recent cases would not be in annotator so would be required to search through Australian Legal Monthly digest to get more recent cases not in the annotator. Only up to 2004 Could use Austliis noteup function to get similar functionality, although this only goes back to 1958. Use of Annotator: 1. Track changes in statutes since the last reprint, Head Note: use to quickly see what is in the judgment, find out what the case is about the brief facts and decision.

Know meaning of applied, cited, considered, followed, distinguished etc. p89 of Rob watts concise legal research. o Affirmed - Agreed with o Overruled - Decision of lower court is disagreed with by a higher court, this term is used for the same case, having gone up the chain through appeal. o Applied The facts of the current case may be materially different, but the court is applying a principle of a previous decision in the current case o Approved the court approves a decision held in a previous case which was in an inferior court. o Distinguished Used when a difference between two cases, based on their facts have been found, and used as a reason to avoid precedent. EG negligence of diving in a beach compared to a static pool. o Eg diff in liability by distinguishing between person jumping into a pool as apposed to the ocean. o Followed Court considers itself bound by a previous decision of a superior or the same court. The facts were either the same or substantially the same o Explained courts interpreting a previous decision and stating what it means. o Adopted rarely used. Where Obiter (reasoning) of a judge in one case, which although not binding authority, is used in coming to a decision in a later case. o Criticised Both courts of same co-ordinate jurisdiction but has no power to overrule the earlier decision, is compelled to follow it. o Not Followed same as above but not bound to follow the decision o Considered used when court considers a previous decision, but does not approve, apply, disapprove, follow etc the decision. o Affirmed Indicates the fate of a case when it goes to appeal

o Restored Usually refer to quantum of damages on appeal1 o Certiorari Denied American term indicating the Supreme Court has denied the writ of Certiorari for the case to be quashed and reheard by that court.2 Why would you use the digest? Used before Australian digest Contains mainly English and other Cth cases May be needed when unsettled law in jurisdiction and law which is rapidly changing. In this case foreign law may be highly persuasive and legal reasoning can be looked at. 15% of cases cited in the HCA are US cases, not surprising as our constitution is based on the US constitution. The digest can also be used to find authority for commonly known things eg. innocent until proven guilty, not in Australian cases but could find in other jurisdictions. Digest has a kind of citator element built into it. Know what validation means. Used to check if Law is still used or changed. Rob - gives history of the case/ gives the cases status, Francis - Validates the case (mean same thing)

Give search in lexis nexis Murder w/15 Death

What is sheperdising? Similar to noteup but lexis.com version

What are approaches to finding info? Searching Browsing Critically evaluate different searches and suggest improvements Say if either too broad or narrow Suggest method to improve by using operators, better search terms, different scope.

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Rob Watt word for word p89 Concise Rob Watt word for word p89 Concise

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