This page introduces legal research, explains the different types of legal sources and briefly outlines how legal research differs from academic research.
What is legal research?
Legal research is the process of finding and applying legal information to answer legal questions. It involves identifying legal issues, locating relevant laws, cases, and commentary, and using that information to build and support legal arguments.
Legal research can be:
- Doctrinal – focused on analysing legal rules and principles
- Practical – answering a client or problem question
- Academic – for essays, theses, or policy research
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Why is legal research important?
Legal research is essential because:
- Laws change often through new legislation and court decisions.
- Legal arguments must be backed by recognised sources of authority.
- Precedent matters – courts rely on past decisions to decide future ones.
- Legal professionals must provide accurate and current advice.
Main types of legal sources
Legal sources are usually grouped into two main categories:
Primary sources of law
Authoritative and original statements of the law. These are created by official bodies such as parliaments and courts and have legal force.
Examples include:
- Legislation – Acts, statutes, regulations
- Case law – Decisions from courts and tribunals
- Treaties and international agreements
- Constitutions and charters
Secondary sources of law
Commentaries, analysis, or summaries of the law. These help explain, interpret, or critique legal principles and cases.
Examples include:
- Legal encyclopedias – authoritative overviews of the law
Example: Halsbury’s Laws of Australia - Textbooks and treatises – in-depth discussion of legal topics written by experts
- Journal articles – scholarly analysis of legal issues, often on recent cases or legal changes
- Law reform reports – reviews recommending changes to the law
- Legal dictionaries – definitions of legal terms for clearer understanding
Legal research vs academic research
Legal research
- Focus on authority: legislation, case law
- Jurisdiction matters (e.g. NSW vs VIC)
- Must trace legal validity (e.g. is the case still "good law"?)
Academic research
- Focus on academic journal articles
- Often topic-based or theoretical
- Less concerned with ongoing judicial status
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