This guide provides an introduction to case law research with links to case law resources across different jurisdictions. Use the tabs on the left to find information on case citations and legal abbreviations. To research cases by legislation, secondary materials or topic, select the Case Law Research.
What is case law?
Case law is law developed by judges in courts. Case law research involves reading legal judgments - understanding the reasons behind a judgment and how the law has been interpreted by a judge. Case law interprets and enforces the laws created by Parliament.
In common law jurisdictions such as Australia, there are two primary sources of the law: case law and legislation. Case law is equally important in interpreting the law.
Case law is law made by judges through their decisions in court cases. These decisions usually result in a judgment which explains whether the judge has interpreted the law made in Parliament and/or followed a precedent established in a previous court case. A judge may also apply a new meaning to an area of law. Case law research involves reading legal judgments - understanding the reasons behind a judgment and how the law has been interpreted by the judge.
Jurisdiction is important in legal research. In the context of case law research, jurisdiction refers to the court which heard the matter. The court system is hierarchical, therefore judges in lower courts must follow decisions of higher courts. This is known as the doctrine of precedent and is a key marker of the common law system.
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