Legal authority? (2 Viewers)

santaslayer

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Re: Legal Authority in Law.

what971 said:
^ There's a difference? I thought the letters after the year date were all random..

Anyway, thanks much Sarah, santa and MS.
ahahhaaa...no

how else is someone going to find the case in a library?

149 is the volume number

the other number is the page number...i think..aahhahaa

always use italics with the case name
 

MoonlightSonata

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Re: Legal Authority in Law.

what971 said:
^ There's a difference? I thought the letters after the year date were all random..

Anyway, thanks much Sarah, santa and MS.
You would say "Codelfa Construction v State Rail Authority of New South Wales (1982) 149 CLR 337" as:

Codelfa Construction and State Rail Authority of New South Wales, reported in 1982 in volume 149 of the Commonwealth Law Reports at page 337.
 

Rorix

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Re: Legal Authority in Law.

melsc said:
lol CLR is authorised and ALR is unauthorised if I am not mistaken.
^^ Yup.

I'm not sure exactly what status the Court's judgments published online have (i.e. X v Y [2006] HCA 12)
 

Frigid

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Re: Legal Authority in Law.

Rorix said:
I'm not sure exactly what status the Court's judgments published online have (i.e. X v Y [2006] HCA 12)
as the High Court websitehttp://www.hcourt.gov.au links AustLIIhttp://www.austlii.edu.au on its Publications pagehttp://www.hcourt.gov.au/publications.html under judgments, I suspect that the AustLII judgments are 'authorised'.

However, on the bottom of the AustLII page:-

"All material herein is reproduced by permission but does not purport to be the official or authorised version".

so i dunno. :p
 

Jonathan A

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Ah wonderful world of legal authority clarified by my learned colleagues.

Just to clarify as to the 'v', you can do it this way: "v." (it's the more old-fashioned way of doing it). Another variation still commonly used is: "-v-". Note for the purposes of assignments and exams, it is appropriate to use "v" by itself. The dashes are I note are used in legal practice.

Another variation of showing parties names in legal practice is noting who is suing who. E.g.

The Queen v Lavender (meaning the Crown has taken Lavender to court).

Lavender -ats- The Queen ('ats' means 'at the suit of', hence Lavender is responding at the suit of the Crown.)

The latter is commonly used during legal proceedings.


As for the reports, Moonlight Sonata hit the nail on the head! The CLR is the official Law Report of the High Court and published by Lawbook Co. The ALR I think is released by Lexis Nexis and is not an authorised version (as Melsc noted). Do note sometimes that the CLR does not publish all of the High Court's cases and so you may need to refer to the ALR. If the two versions exist, go with the CLR.

AustLII is an online source and requires medium neutral citation. Many important cases are not reported (e.g. Ermogenous v Greek Orthodox Community (Re: Intention to Create Legal Relations) - how can the Reports leave this one out??? - Kirby J didn't even dissent).


I actually like referring to cases, it shows that you know what you are talking about and that a judge would say you are right. I have to say its annoying have multiple cases when mooting.
 

santaslayer

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Re: Legal Authority in Law.

melsc said:
I have a feeling that my facilitator said that Austlii isn't authorised
heh, my tutor said austlii aren't as up to date as it should be. she did sum publication and relied on a few of austlii sources but later found it was not updated so she had to use another source and redo everything again. lol
 
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Re: Legal Authority in Law.

haha, if you go to a legal research class at UTS, its basically an austlii propaganda session about how great austlii is and how up to date it is considering that its free etc etc. the tutor was showing us all these examples of these court cases which were updated like the day before, and doing the whole "look! updated! how great are we?" thing :D lol
 

MoonlightSonata

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For law students, Austlii isn't that great. I say this as a student of one of the partnering universities creating/running it. It is quick, and if you have no other resources, or want to read transcripts, then fine. But for research it is insufficient.

Great for laypeople though.
 

santaslayer

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MoonlightSonata said:
For law students, Austlii isn't that great. I say this as a student of one of the partnering universities creating/running it. It is quick, and if you have no other resources, or want to read transcripts, then fine. But for research it is insufficient.

Great for laypeople though.
Any recommendations? :)
 

Rorix

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MoonlightSonata said:
For law students, Austlii isn't that great. I say this as a student of one of the partnering universities creating/running it. It is quick, and if you have no other resources, or want to read transcripts, then fine. But for research it is insufficient.

Great for laypeople though.
I agree - searching for authority on Austlii is a hugeeeeeee pain too.

santa: your uni should have databases they pay for which you can access through the uni..
 

santaslayer

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Rorix said:
I agree - searching for authority on Austlii is a hugeeeeeee pain too.

santa: your uni should have databases they pay for which you can access through the uni..
Yes they do.

Only asking MS which one he uses most. :)
 

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