Case in Point: Research examples from the Law Library

What is the preferred dictionary to use in legal research?

We received a question from a lawyer about which dictionary they should be using. The requestor was referring to English dictionaries, but let’s talk about English and legal dictionaries.

If a word or phrase is not defined in the definition section of a piece of legislation, it can be helpful to refer to a dictionary for its popular, ordinary, or technical meaning.

The short answer to the lawyer’s question: the Macquarie Dictionary is the standard English dictionary used by Australian courts and government departments.

Listed as the ‘official dictionary’, according to the Australian Guide to Legal Citation, Rule 1.9, spelling should comply with the latest edition of the Macquarie Dictionary.

The Law Library has the digital version and multiple print editions of the Macquarie Dictionary and Thesaurus.

What about legal dictionaries

There is no official or preferred legal dictionary, but best practice is to always check multiple resources as part of your research.

Legal dictionaries provide authoritative definitions of legal terms placed within their legal context. Dictionaries sometimes cite key cases and legislation that define terms.

It is important to use a dictionary relevant to the jurisdiction you are researching within. There can be differences between English common law countries, like Australia, England, and America. You may need to try spelling variations if you can’t find a word.

Browse the Library’s dictionaries using the catalogue. Older editions of some titles may only be available in print.

PRO TIP: Enter the search term ‘dictionary’ and select the drop-down menu option ‘Digital Library’. This will display online dictionaries that you can access either remotely or onsite at the Supreme Court Library.

Try these legal dictionaries to start your search:

• Encyclopaedic Australian Legal Dictionary – available online to Victorian lawyers with a Library website login.
• Black’s Law Dictionary – a US dictionary.
• Australian Legal Words and Phrases - contains words and phrases defined in legislation or judicially interpreted in the Australian superior courts.
• Words and Phrases Legally Defined - A collection of judicial definitions containing extracts of speeches and decisions from the United Kingdom, Australia, Canada, and New Zealand.
• Stroud's Judicial Dictionary of Words and Phrases – UK, with Australian references.

An interesting example

The Library received a request to find out if ‘and’ can mean ‘or’. We knew a dictionary was the best place to look first.

Using the Encyclopaedic Australian Legal Dictionary, we found that the courts had considered this very question.

We don’t recommend searching for a conjunctive word like ‘and’, instead go to the index and browse alphabetically.

This dictionary provided the reasoning behind the court’s interpretation of ‘and’, including links to the relevant case law.

Other reference material

Reference material includes English, Latin, medical, and legal dictionaries, as well as thesauruses. You might also refer to encyclopaedias and glossaries for definitions.  

Sometimes older editions of dictionaries are needed to compare how a definition may have changed over time. Historical material is kept on restricted levels of the Library, and must be requested in advance.

And that’s the long answer to the question which dictionary should you use in your legal research.