Legal Research and Writing – Week 2: Sources, Case Reading & (F)IRAC

50 vocabulary flashcards summarising key legal research, sources of law, and (F)IRAC terminology from Week 2 of LAWS1000.

Legislation / Statute

Law made directly by Parliament; the primary written source of Australian law.

Delegated Legislation

Rules made by subordinate bodies (e.g., local councils) under authority granted by Parliament.

Commonwealth Legislation

Federal statutes passed by the Australian Parliament that apply nationwide and prevail over inconsistent state laws within power.

State Legislation

Statutes enacted by individual Australian states or territories, operating concurrently with federal laws unless inconsistent.

Common Law

Judge-made rules and principles developed through court decisions in the absence of legislation.

Case Law

Collective term for judicial decisions that form part of the common law system.

Precedent

An earlier judicial decision that must or may be followed in later similar cases.

Statutory Interpretation

Judicial process used to determine the meaning and application of legislation.

Ratio Decidendi

The legal reasoning essential to a court’s decision; binding on lower courts.

Obiter Dicta

Incidental judicial comments not necessary to the decision; persuasive rather than binding.

Binding Authority

Legal reasoning a court must follow, usually the ratio of higher courts in the same hierarchy.

Persuasive Authority

Legal reasoning a court may choose to follow, such as obiter, minority views, or decisions from other jurisdictions.

FIRAC

A structured method for legal analysis: Facts, Issues, Rules, Application, Conclusion.

IRAC

Alternate name for FIRAC that omits the explicit ‘Facts’ step but follows the same analytical sequence.

Facts (in FIRAC)

Key details that trigger the legal issues—only the problem-raising facts, not every narrative detail.

Issue (in FIRAC)

The specific legal question that must be resolved in the analysis.

Rules / Relevant Law

Statutes, cases, or principles applied to answer the identified legal issue.

Application / Analysis / Argument

Section where rules are applied to facts, considering competing party positions.

Conclusion (in FIRAC)

Definitive answer reached after analysis, advising a client or persuading a judge.

Legal Hypothetical

A constructed scenario used in law school to practice applying legal rules to facts.

Problem Question

Assessment task providing facts for which students must identify issues, apply law, and conclude.

Judgment

Written decision of a court outlining facts, issues, reasoning, and outcome.

Coherency

Quality of legal reasoning promoting internal consistency across decisions.

Consistency

Adherence to established principles to ensure predictable legal outcomes.

Minority Judgment

Reasoning of judges who disagree with the court’s majority; not binding but may be persuasive.

Dissenting Judgment

A judgment that formally disagrees with the majority outcome and reasoning.

Majority Judgment

The decision agreed upon by most judges hearing the case; forms the binding ratio.

High Distinction Quality Answer

Model solution exemplified by a judicial judgment that students reconstruct when reading cases.

Council Regulation

Local rule created under delegated legislative power of a municipal council.

Obscene Language

Expression considered offensive under certain regulations, such as park-usage bylaws.

Fine

Monetary penalty imposed for breaching legislation or regulations.

Section 109 (Constitution)

Provision that invalidates inconsistent state laws where the Commonwealth has legislated within power.

Parallel Operation of Laws

Concept that federal and state statutes function side by side unless they clash.

Trigger Facts

Specific facts that raise or ‘trigger’ the legal issue in a scenario.

Legal Issue

A formal statement of the legal question derived from the trigger facts.

Legal Rule

Authoritative statement (statute or case principle) used to resolve an issue.

Legal Argument

Reasoned application of rules to facts, presenting competing perspectives.

Lim v Regina [2017] NSWDC 231

Case cited to illustrate continued debate over laws punishing the use of obscene language.

Miles v City Council of Augusta (1983)

U.S. case inspiring the macaw-swearing hypothetical about liability for an animal’s utterances.

Magna Carta

Historic 1215 charter symbolising the evolution of legal sources beyond modern statutes.

Sources of Law

Collective term for legislation and common law that jointly form Australia’s legal system.

Delegated Authority

Parliament’s grant of power enabling another body to create enforceable regulations.

Legislation Prevails over Common Law

Doctrine stating statutes override conflicting judicially created rules.

Non-Binding Court Decision

Judgment from a court that is not authoritative for later courts in the hierarchy.

Lower Court

Court beneath appellate courts whose decisions are generally binding only on itself and tribunals below.

Higher Court

Appellate or superior court whose decisions set binding precedents for lower courts.

Dissent

Formal expression of disagreement with the majority opinion in a judicial decision.

Local Council

Municipal governing body empowered to enact bylaws under delegated legislation.

Reading Cases

Skill of dissecting judgments to identify facts, issues, rules, application, and conclusions.

Application vs. Conclusion

Distinction between analytical reasoning (application) and the final resolved answer (conclusion).