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Legal Research Skills Guide: Judicial consideration

Checking for judicial consideration of legislation

When "Updating the Law" in your legal research process, you'll need to see if the legislation you're using has be referred to, considered or discussed by a case.  This may be to clarify the meaning of a section or to see how previous judgments have treated the legislation.

A case citator is the best place to check if a piece of legislation has been judicially considered.  Both Firstpoint and Casebase provide fields where you can enter the Act/Regulation/Legislation title and the Provision.

Tips!

Take care when searching like this, you may find the results include cases that relate to the Act you searched for, but the provision number may be from a different Act, so check the content!

When searching in the case citator for a provision that is more than a number e.g., 18(2)(a), add a "" around the provision to ensure you get that provision, not a different one with a 2 or an "a" on the end.

Activity #27 - Locating judicial consideration

 Using either Casebase or Firstpoint, search to see if there have been any judicial considerations made on Crimes Act 1900 (NSW) s 18(1)(a)

Question: How many cases are listed in the results list?

Answer

You'll find the answer from Casebase here

You'll find the answer from Firstpoint here