Secondary & tertiary materials

A case citator is a type of case law index, and is very useful for legal research. Case citators can be useful in helping you determine:

• The correct citation for a case
• If the case has been reported in more than one series of case reports (parallel citations)
• If the case has been reported in an authorised law report series
• Whether any later cases have considered the case
• What earlier cases were considered by the case
• If the case considered any legislation
• If journal articles have considered the case
• If the case is still considered good law.

Many of the online case citators also provide a case digest feature which provides a summary of the main points of the case.

The plain or common meaning of a word is not necessarily the same as the legal definition. Legal dictionaries will include definitions from legislation and case law.

Definitions in Acts

Words and phrases are defined by parliament in legislative instruments such as Acts and Regulations. There is often a section in any given Act which contains definitions of various words or phrases used in the Act. This can usually be found at the start of the Act. The headings of such sections vary. Some say ‘Interpretation’, others ‘Definitions’, others ‘Terms used’. If a definition is not given in an Act, check the Acts Interpretation Act 1901 (Cth) or the Interpretation Act 1984 (WA) for a standard definition that can apply to all Acts unless otherwise stated.

It is important that you make sure the Act you are looking at is relevant to the jurisdiction in which you are working, as meanings can vary from one jurisdiction to another. For example, do not assume that a definition that you find in a U.S. online dictionary is valid in Australia. Similarly, do not assume that a word defined in a Victorian court has exactly the same meaning in WA.

When you can't find a useful definition in Australia you should consult whatever sources you can find, but you must use them with caution.

Definitions in cases

Sometimes a judge will define or clarify the meaning of a word or phrase in a judgment. This is referred to as "words and phrases legally defined".

Legal encyclopaedia include a topic outline, relevant legislation, significant case law, and journal articles. Legal encyclopaedia are useful when commencing research in an area of law that is new to you.

Legal encyclopaedia provide:

• Topic overview
• Main concept
• Historical turning points
• References to key authorities - cases and legislation

Take time to look at the contents pages of a chapter or section. Consider a table of contents as a conceptual map or framework of the key elements of a subject - it can point out the components of a particular area of law.

Remember that tertiary materials cannot be included in a Reference List for legal research - you should always use the original source quoted in an encyclopaedia article.