Legal Research and Reading Statutes
Understanding the theory of law is important, but applying the law in practice is essential for legal problem-solving. This includes the ability to conduct legal research, read and interpret statutes, and apply legal rules to real-world situations. These are core skills for lawyers, students, and anyone involved in legal processes.
1. What Is Legal Research?
Legal research is the process of finding and understanding the legal rules, cases, statutes, and principles that apply to a legal question or problem. It is fundamental for:
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Giving legal advice
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Drafting legal documents
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Preparing court arguments
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Making informed decisions
Effective legal research involves knowing where to look and how to interpret what you find.
2. Sources of Legal Information
Legal research draws from both primary and secondary sources:
| Type | Examples |
|---|---|
| Primary sources | Statutes, regulations, constitutions, court decisions |
| Secondary sources | Textbooks, legal commentaries, academic articles, encyclopedias, law reform reports |
While primary sources state the law, secondary sources help explain and analyse it.
3. Steps in Legal Research
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Identify the legal issue(s)
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Break the problem into specific legal questions
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Locate relevant legislation and case law
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Use legal databases or government websites
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Search by keywords, topics, or citation references
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Read and interpret the material
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Understand how the law applies in context
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Look for definitions, exceptions, and examples
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Apply the law to the facts
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Match legal principles to real or hypothetical situations
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Identify uncertainties or conflicting interpretations
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Update your findings
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Laws and precedents can change—check for the most current versions
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4. Reading and Understanding Statutes
Statutes (Acts of Parliament) are a major source of law. Reading statutes effectively requires attention to their structure and language.
Structure of Statutes
Statutes typically include:
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Title and commencement section
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Definitions and interpretation clauses
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Substantive provisions (rules, rights, obligations)
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Schedules with additional detail
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Amendment or repeal sections
Reading Tips
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Start with the definitions section—key terms may have special meanings
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Read in context—understand how one section fits into the whole Act
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Look for mandatory vs. discretionary language:
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“Must” = mandatory
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“May” = discretionary
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Watch for exceptions and conditions (e.g., “unless”, “provided that”)
5. Interpreting Statutes – Key Principles
Courts use specific techniques when interpreting legislation, especially when wording is unclear or ambiguous:
| Principle | Explanation |
|---|---|
| Literal rule | Interpret the words in their plain, ordinary meaning |
| Golden rule | Modify the literal meaning to avoid absurd results |
| Mischief rule | Consider the problem (or “mischief”) the statute was meant to fix |
| Purposive approach | Focus on the intention or purpose behind the legislation |
Judges may also refer to:
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Parliamentary debates (Hansard)
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Interpretation Acts (general rules for reading legislation)
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Case law interpreting similar provisions
6. Legal Citations and Case Law
Understanding how to find and cite legal cases is vital:
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A typical case citation:
Smith v Jones [2001] HCA 5-
Parties: Smith and Jones
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Year: 2001
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Court: High Court of Australia (HCA)
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Decision number: 5
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Legal research tools include:
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AustLII (Australia)
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CanLII (Canada)
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Legal Information Institute (US)
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Westlaw, LexisNexis, and other databases
When reading a case:
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Identify the legal issue
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Understand the facts
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Analyse the reasoning
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Take note of the decision (ratio decidendi) and any obiter dicta
7. Applying Legal Rules to Facts
This process is known as legal reasoning. A common framework is:
IRAC Method:
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Issue – What is the legal question?
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Rule – What law applies?
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Application – How does the rule apply to the facts?
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Conclusion – What is the likely outcome?
Example:
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Issue: Did the contract exist?
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Rule: A contract requires offer, acceptance, and consideration.
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Application: The offer was made on June 1 and accepted the next day by email.
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Conclusion: A binding contract likely exists.
8. Legal Research in Practice
| Professionals who use legal research | Why |
|---|---|
| Lawyers | To prepare cases, advice, or contracts |
| Judges | To decide on rulings based on precedent |
| Students | To study legal problems and write essays |
| Public officials | To create or apply policies and regulations |
Summary
Applying the law means knowing how to:
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Locate relevant legal sources
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Read and interpret complex statutes
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Understand and apply case law
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Use legal reasoning to analyze and solve problems
These skills are crucial not just for legal professionals, but for anyone who wants to engage with the law meaningfully.