Use Case citators to find out if
When you look up Cases, it is recommended that you check to see how those Cases have been treated by subsequent Cases - that is citing Cases or Cases referring to a Case.
This is what judicial consideration is all about. This is where you check to see what has happened to a Case since it was heard by the Court. You can see how a Case has been treated by subsequent Cases: has it been considered, applied, overruled etc? You will also be able to see if the Case is still good law and carries with it good precedential value!
The built in Case Citators in each Database, can help you do this:
Lexis+:
Westlaw AU:
The tabs that follow, will show how to perform this research task.
Example: Let's assume you would like to know if any subsequent Cases have referred to the Andrew Mallard appeal case of 2005. Mallard v R (2005) 224 CLR 125 |
You will then be taken to a list of later / subsequent Cases, that have referred to the Mallard case in various ways, indicated by the symbols to the left (see the green circle in the image). You can click on the CaseBase Signal Help link to the right (see the green rectangle in the image), to help you identify what each of the symbols represent. Each signal icon provides an indication of the various kinds of subsequent treatment. For instance: negative treatment, cautionary treatment, positive treatment, neutral treatment and citation information. These signals should be approached with caution, as they are general in nature and may not represent specific aspects of the Case.
To see earlier cases used to support the legal position taken in the Mallard appeal case, click on the Cases considered by this case link.
The graph provides an indication of the various Cases this Case used. You can also click on the different coloured blocks to limit to each Case. The signal icons also provide an indication of the various kinds of Case treatment. Again, these signals should be approached with caution as they are general in nature and may not represent specific aspects of the Case.
The best way to check how cases have been subsequently treated in Westlaw AU, is to use their built in citator entitled KeyCite.
Please watch the following video below (by clicking on the image) to find how to perform this legal research task in Westlaw AU, using KeyCite.
(Please note: after you click on the image you will be taken to Westlaw AU's Training and Support page. To watch the video, click the white play button).
For more information, you can also check out Westlaw's Guide in relation to judicial consideration of cases.
In Westlaw AU you can also see what cases have cited a case, by using the Citing References link:
Top tip:
To see how subsequent cases have treated a case, use the Depth of Treatment filter - this will let you know if the case has been Considered, Applied etc.
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