Self Paced Lesson - Tertiary and Secondary Legal Materials - Subject Guide: 5: Tertiary Materials

Lexis Advance has two dictionaries:

• Australian Legal Words & Phrases
  gives the details of acts and cases which have defined the term
• Encyclopaedic Australian Legal Dictionary
  gives a definition as well as the details of cases and legislation which have defined the term

As well as legal dictionary definitions, words and phrases can be defined in court cases.

Most cases on Lexis Advance have a CaseBase entry, which gives an overview, as well as the full text of the judgment.

Judgments are useful, as they

• set out all interpretive rules used
• contain facts and analogous cases to illustrate legal concepts
• show the judge’s thought process

Use Library Search to access these dictionaries by typing in the title
Example: "Australian Legal Words and Phrases"

The Laws of Australia

Case Law

Step 1: 

Select Content Type -  The Laws of Australia

Step 1: 

Select Content Type -  Cases

Step 2: 

Select Advanced Search

Step 2: 

Select Advanced Search

Step 3: 

Navigate down the screen to the Words & Phrases search box 
Enter the search terms in the Words & Phrases search box
For this example, enter "vicarious liability".
Select  Search.

Step 3: 

Navigate down the screen to the Words & Phrases search box 
Enter the search terms in the Words & Phrases search box
For this example, enter "vicarious liability".
Select  Search.

Step 4: 

Open the result

[33.6.590] Vicarious liability is an example of strict liability¹ imposed for policy reasons.

Step 4: 

Open the result

New South Wales v DC [2017] HCA 22

Note the pop up:

Step 5: 

Note the document path and currency of the article:

The encyclopaedia article includes relevant legislation and cases that discuss or define the search terms.
Links are in the footnotes.

Step 5: 

Return to Results list

Open the result

Ingram-Nader v Brinks Australia Pty Ltd [2006] FCA 624

Step 6: 

The Digest summarises the aspect of vicarious liability considered in this case.
In this instance, it is concerned with human rights, and the vicarious liability of employer.

Scroll down to the Words and Phrases Judicially Considered section.
A term included in this section indicates that it has been discussed at length in the judgment.

Use Ctrl+F to search on the page for vicarious.
Navigate to the section Vicarious Liability.
Here you can see how the judgment refers to legislation and case law.

Step 1:

Search for this information by entering search terms into the Terms search box.
Enter:      marriage AND (duress /25 (valid! OR void OR vitiate))

Note the use of Boolean Operators:

• the truncation/stemming symbol ! in valid! will search for:
  • valid
  • validity
  • validate
  • validation
• the proximity limiter /25 will search for words within 25 words (about the length of a sentence) of each other (any order)

Step 1:

Search for this information by entering search terms into the References to Cases search box.

Enter "122 FLR 172"

Step 2:

The results screen will show you a wide variety of information including:

• The Narrow by filter options (you can see the filter for Halsbury's is already listed)
• The number of documents found.

Results can be narrowed by Content Type or Legal Topics.

Research can also be searched for additional search terms.

Narrow the results by Legal Topic Family Law

Step 2:

Select the relevant chapter from the Results list

Tip:  To be taken to the place in the chapter where the search term appears, click on the link to View this passage in full document

Step 3:

Navigate through the results list and locate the relevant chapter
(A) Marriages Recognised as Valid

To access the text of the chapter, click on the chapter title.

Step 3:

Navigate through the Notes to identify cases related to the relevant point of law

Tip:  Scroll up to the in-text reference to clarify the context of where the case is referenced.

Once you have accessed the chapter make a note of a few features:

1. The Document Path is given, which provides a conceptual map of where you are within the encyclopaedia.
2. The currency of the paragraph is given under Last updated:.
3. You will also see the content of the paragraph and the related footnotes.
4. In paragraph [85-550], the footnotes are longer than the paragraph!
   Note the details of the primary sources of law are relevant to this paragraph.

Navigate through the chapter and paragraphs by search terms

Option 1: Search terms by frequency
Select the drop-down arrow next to All terms in the toolbar
Select duress from the list of search terms
Select the down arrow next to the Terms box to navigate to the word duress

Option 2: Search terms by location on navigation bar
Select the drop-down arrow next to All terms in the toolbar
Note the colour for the search term valid
Slide the blue focus square to the purple line to locate the term in the text

Search The Laws of Australia

Browse The Laws of Australia

Step 1: 

Select Content Type The Laws of Australia

Step 1: 

Select Content Type The Laws of Australia

Step 2: 

Select Advanced Search

Step 2: 

The chapters in The Laws of Australia are arranged alphabetically.

Navigate down the list to 

+   36. Wills and Estate Administration

Step 3: 

Complete search fields:

All of these terms field:            wills AND "duty of care"

Legislation Cited (Title) field:   "Wills Act 1970"

Step 3: 

Expand relevant Chapters by clicking on +

+   36.3. Administration of Assets

    +    4 Powers and Duties of Personal Representatives
for Deceased Estates

        +   Duties of Personal Representatives

            +   Duty to Satisfy Beneficiaries

           ​​​[36.3.1040] Executors, in their capacity as executors,
owe a general duty of care to beneficiaries of the estate.

Step 4: 

Click on the magnifying glass icon to Search

This is a more serendipitous way to arrive at a relevant paragraph.

However, if you are unsure of your search words, expanding chapters can prompt you in the right direction.

Step 5: 

The results screen will show you a wide variety of information including:

• The Search Summary;
• The number of documents found.

At the time of writing, this search returned only 1 result.
The law is constantly changing and in turn, so too will the amount of commentary.

Navigate down the Results list and locate the paragraph with the number 36.3.1040.

Click on the paragraph title:

[36.3.1040] Executors, in their capacity as executors, owe a general duty of care to beneficiaries of the estate.

Step 6: 

The top of the paragraph shows you the 'breadcrumb' or path within the Laws of Australia.

This is valuable to you as it provides you with a conceptual map of where you are within the encyclopaedia.

Selecting the paragraph title will also change the left side of the screen, opening up the hierarchical table of contents for the encyclopaedia.
Browse within this hierarchy by selecting the View Full TOC button to access related parts of The Laws of Australia.