WHAT IS Legal Research Methodology PDF

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What are legal research methods? The importance of legal research cannot be overstated. 

It's the foundation of any case and, many times, it's the difference between winning and losing.

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Having a robust legal research methodology not only helps organize a research process, but it also provides a systematic way to investigate and ultimately answer the significant questions of a case.

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Knowing when to use primary sources, how to find secondary sources, and the methodological practices to make the data strengthen a case are critical tools for every attorney.

What is legal research? 

Legal research is the process of identifying, organizing, and applying information that will help support legal arguments.

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All legal research begins with an analysis of a particular problem (usually as part of a legal case), the current legal opinions and rulings on that issue, and ends with the process of seeing how that information overlaps with the particular matter.

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However, legal research is not merely about scouring dusty law books and online legal databases for relevant facts. These facts need to be connected to the case, and the argument must be built to highlight how and why this information matters.

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Finally, the data must be structured and written in a way that highlights the sources and emphasizes how they strengthen the case.

What types of sources are used in legal research? 

Legal research essentially involves finding and optimizing (enhancing) two types of information: legal and non-legal sources.

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These sources are sometimes called “primary and secondary sources,” and they are grouped as such based on the authority of the information.

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Legal, or primary, sources typically center around case law, official communications from legislative bodies, and any rulings from administrative agencies. These are considered primary because they come directly from the source, and as a result contain a high level of authority.

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The advantages of primary data are obvious: they tend to be unique and highly reliable. However, it can take time to research and find primary data properly.

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A non-legal, or secondary, source can come from a variety of bodies and institutions. These include law journals and reviews, industry experts, scholars, and people with practical skills or experiences that will help shed light on the facts of a case. As a result, secondary sources are often easy to find and can save both time and money. However, the relevance of this data expires quickly.

Whether an attorney is doing case law research or using non-legal sources, the intent is the same. Legal research looks at the values behind a law (and a society), how the law is practically applied in that society, and how it can be applied to the particular case.

What types of data does legal research provide?

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Legal research can yield just about any type of data, depending on the specifics of the case. This data, for the most part, can be broken down into two types: qualitative and quantitative data.

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With qualitative research: attorneys attempt to gain an understanding of the reasons and opinions represented by the sources. Specifically, this can make use of things such as focus groups, individual interviews, and general observations made by witnesses and experts of a particular field. As a result, this data is generally subjective and is often used to form theories.

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Qualitative research: is a scientific method of observation to gather nonnumerical data. This type of research "refers to the meanings, concepts definitions, characteristics, metaphors, symbols, and description of things" and not to their "counts or measures". This research answers why and how a certain phenomenon may occur rather than how often. Qualitative research approaches

are employed across many academic disciplines, focusing particularly on the human elements of the social and natural sciences; in less academic contexts, areas of application include qualitative market research, business, service demonstrations by non-profits, and journalism. 

Quantitative research: is used to quantify the problem by generating numerical data, which can be used as statistics to help understand the case and the argument better. This can include surveys, panels, and any other method that takes information from different sources in an attempt to understand it better. This data, which is objective by nature, allows researchers to test theories based on hard numbers.

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As such, quantitative methods emphasize objective measurements and the statistical, mathematical, or numerical analysis of data collected through polls, questionnaires, and surveys, or by manipulating pre-existing statistical data using computational techniques.

How do you collect information in legal research?

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Collecting information from primary and secondary sources can take many forms. The specifics of each case will determine how to proceed.

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In most cases, legal research will involve either physical copies of case law books or the use of an electronic legal database, which makes research and case construction efficient and allows attorneys to argue on behalf of their clients with confidence.

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Online services also give attorneys access to a vast assortment of information and expertise that might not otherwise be available, especially for small law firms or solo practitioners. From case notes to access to attorney-editors who specialize in unique components of the law, electronic research platforms can give attorneys a head start against their competition.

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With secondary sources, attorneys are still relegated to interpersonal methods of gathering information. This can include questionnaires, interviews, observation tactics, telephone or physical mailing communications, and surveys or case studies. These methods can bring both quantitative and qualitative data to research efforts, allowing a case to be built stronger and with more data.

WHAT IS LEGAL RESEARCH METHODOLOGY 1. Including Basic Concept of Legal Research 2. Scientific Search for knowledge Systematic search for pertinent information An art for scientific investigation From unknown to known 3. Statement of Problem Types of Research Data Collection Data Analysis Sample and Sampling 4. Method is the way of doing something and methodology is a science or philosophy of that method. 

Research Methodology may be a standard, process or way of doing research. In its wider sense methodology includes philosophy, investigation, description or scientific approach to gain new knowledge.

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Research methodology is a way to systematically solve the research problem. It is science of studying how research is done scientifically.

5. Selection of Research Problem ↓ Formulation of Hypothesis ↓ Actual attack on problem:a) Collection of Data (selection of methods and tools) b) Analysis of Data (editing, coding and tabulation) c) Interpretation and processing of Data d) Formulation of conclusion e) Writing a research report

6. Legal Research Methodology may be applicable for interpretation or analysis of codes; Acts, Rules etc. or to compare laws of different countries, or to compare more than two municipal laws of the nation, to know the consequences of implementation of law, or effects of that law on the society. 

The methodology of legal studies involves their own rules. Thus separate study

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sources: 1. Legal Sources 2. Non-Legal Sources 1) Legal Sources : a) Primary authority of law – Primary authority constitutes the law. Bodies like the Judiciary, the Legislature, and administrative agencies. E.g., Cases, Statutes, Regulations, Codes etc. declared by primary authorities are the best legal source.

7. Secondary authority of law – Commentary of Non-Governmental bodies comes under this category. Reports, Journals, Legal Treaties, Encyclopedias, Dictionaries etc. 2) Non Legal Sources – To get supporting information legal researcher takes help from non-legal methods which legal research scholar tries to follow are: (i) Study the system of values: First, researcher should study the values of society from which the law is derived. For example to understand the object of Dowry Prohibitions Act, you have to know the values of Indian society and family. (ii) Study the practice of law: Practical applicability is important in law. To know, does the practice follow the principles of law? Researcher can study the practice of law by analyzing the law. 8. Study the normative character : To study the legal discourse, scholars should learn the enactment, statute etc. For example, the Indian Penal Code, Civil Procedure Code. (iv) Study the procedural validity: Scholar can study the procedure followed by the legislature and also validity of procedure, given under the particular Act. For example study of procedure of declaration of emergency. (v) Compare the international and municipal law: International law provides or recommends minimum standard for municipal laws. By comparing both the laws, researcher can suggest the changes in municipal laws. (vi) Legal impact analysis: To record and explain how a particular law works within a particular society, Legal Impact Analysis is the best procedure. This method is useful in study of law in action.

9. This method is also effective to examine the effect of law on the people or society. Before the commencement of the new statutes or by introducing new laws we can change the old law by analyzing impact of old laws on people. 10. 1) Social control: Control over society is possible only when we have a complete knowledge of working procedure. Using legal impact analysis method, effect of law on the society or the requirement of the society can be found. 2) Social Welfare: Social welfare can be achieved through socio-legal research. The legal research helps us to judge the social evils and thus to take necessary steps to remove them. Recently, most of the Supreme Court cases are directed towards social welfare policy. 3) Law Reforms: There are various tools for law reforms. Research is an important tool to reform law. Various committees and commissions have been constituted by governmental agencies to suggest reforms in law. The project conducted by them and their recommendations are helpful in law reform. 11. 4) To know Law: Analytical research deals with what the law is. It is used to find out the existing law, specially advocates research about what are the laws on particular case. 5) Evolution of Law: Legal Research is used to find out the previous law, the existing law to evolve the new law. Various commissions or committees have done research before giving their recommendations to amend old laws and evolve new laws. 6) Comparative Law: Legal Research is used to find out the law in prevailing other countries. These legislature considers the law of other countries with law prevailing in India, at the time of law of compare making process. 7) Working of Law: Research is used to know how far the enacted law is implemented. How is it working. If the implementation is not possible according to researcher, present law can be amended. 12. 8) Judgment: In the process of delivery of judgement, Judges themselves conduct research to find facts and come to conclusion. 13. DOCUMENTARY RESEARCH FIELD RESEARCH 14. Doctrinal Legal Research Review of Documentary Materials Statutes, Precedents and Publications 15. Non- Doctrinal Quantitative Statistical Empirical 16. Research can be elaborately categorized as :- A. Educational Research – Educational Research refers to the systematic collection and analysis of data related to the field of

education. It can be further categorized into – i) Fundamental Research – It is also known as basic research. This research aims at the achievement of knowledge and truth. Basic Research is concerned with the theoretical aspect and not concerned with the utility,use,result of any research work. In legal field, it is used to verify the old established principles and laws. ii) Applied Research – Just opposite to fundamental research, applied research is concerned with the solution of practical problem; where basic research discovers principles and laws, applied research discovers their applications inorder to solve some social problem. 17. iii) Action Research – When Researcher decides about his work on the basis of diagnosing problem, collecting, proving or, disproving hypothesis besides experience of others this is called action research. Eg.: Teacher conducts action research to improve teaching skill or art. B. Doctrinal Or Traditional Or Non-Empirical Legal Research – A doctrinal research means a research that has been carried out on legal propositions i.e., “Doctrinal Research asks what the law is on particular issue. It is concerned with analysis of the legal doctrine and how it has been developed and applied. The topics involve in such research are limited or restricted. Focal point of most of them is on the nature of law; the theories behind particular substantive areas of law, such as constitutional law, criminal law, torts or contract; political or legal authority; the nature of rights, duty, liability, justice etc. The theories of legal interpretation and legal reasoning are also used by the researcher. In doctrinal work the researcher examines concepts of law. This type of research is also known as pure.”

18. Reads and analyses the material Formulates a conclusion Writes up the study result 19.

Conventional/Customary Legal Sources Text Books Case Laws published by

authorized publisher Statutes, Enactments Periodicals,Web- portals,Websites etc. Reports of committees, Legal History,Judgements Commentaries 20. CHARACTERISTICS OF DOCTRINAL RESEARCH – 1. The study is mainly based on legal propositions (i.e. The reason for the decision which is legally binding and creates precedent). 2. The sources of data for a doctrinal researcher are the reports of

Appellate Courts and conventional legal theory. 3. It is concerned with what the particular doctrine of law says and not as what made the authority to say so or what has been the impact of that say. C. Empirical or Non-Doctrinal Legal Research – In legal field non-doctrinal research is also known as socio-legal research. Conducting empirical research in law is of recent origin. Empirical means ‘relying solely on observation and experiment, not on theory'. The empirical research is carried out by collection and gathering data or information relating to universe by a first hand study. A legal researcher undertaking 21. or the people and institutions supposedly regulated by law as the focus of his OF EMPIRICAL OR NON-DOCTRINAL RESEARCH- 1. It tries to find out the impact of non-legal events upon the legal decision process. 2. It seeks to identify and appraise the degree of variables which influence the outcome and legal-decision making. 3. It tries to find out the effect of each decision on people and society as such. 4. It lays different and lesser emphasis on doctrine. 5. It seeks answer to broader and more numerous questions. 6. It may involve the use of research perspective, research design, conceptual framework, skills and training not peculiar to law-trained personnel. 22. 1. Title 2. Objectives of the study 3. Formulation of Hypothesis 4. Methodology 5. Selection of sample 6. Sources of Data 7. Data Collection 8. Analysis and Interpretation of Data 9. Verification of findings 10. Conceptualization. 23. Example – Uniform Civil Code 1. Title - Need of Uniform Civil Code in India 2. Objectives of the study- How far uniform civil code will be feasible in India 3. Formulation of Hypothesis – Uniform Civil Code will bring positive change in Indian society. 4. Methodology – Empirical and Deductive method, Questionnaire for educated and Schedules for uneducated people. 5. Selection of sample – Disproportionate stratified sampling technique. 6. Sources of Data - Both secondary and primary sources. 7. Data Collection-Secondary data from secondary sources. Questionnaire and schedules to collect primary data. 8. Analysis and Interpretation of Data – Qualitative and Quantitative data 9. Verification of findings- The finding of research will be compared with the result of previous similar studies. 10. Conceptualization- The generalization of findings may be stated in the form of concept. 24. Questionnaires Interviews Observation Focus Group Discussion

25. DOCTRINAL RESEARCH NON-DOCTRINAL OR EMPIRICAL RESEARCH 1. Emphasis upon Legal Principles 1. Lesser emphasis upon doctrines. 2. Use traditional sources of data 2. Not solely dependent on traditional or conventional sources of data. 3. Any law trained person can do doctrinal research 3.Non-Doctrinal involves particular skills, conceptual framework and knowledge of other disciplines. 4.Scholar seeks to answer one or two legal propositions or questions 4.Non-Doctrinal Research involves number of questions and large area. 5. It is a theoretical study 5.It involves empirical (field) study 6.Concerned with legal propositions 6.Concerned with social values and people. 7. Mostly secondary sources of Data are used. 8.It does not require any training to collect first hand data. 7.Primary sources of Data are used. 8. Special Training is required to involve new techniques of data collection. 26. Qualitative Research - It is used to gain an understanding reasons, opinions and methods include: focus groups, individual interviews and observations. E. Quantitative Research - It is used to quantify the problem by way of generating numerical data or

27. QUANTITATIVE - QUALITATIVE 1. Quantitative data is found in numerical form such as statistics, percentage etc. 1.Qualitative data is found in the form of words, pictures, things or objects etc. 2. The researcher analyzes the data with the help of statistics. 2.Researcher analyses the data with the experience and logic. 3.It is objective in nature. 3.It is generally subjective in nature. 4. Researcher uses surveys, questionnaires, schedules etc. 4.Researcher uses participant observation, in-depth interviews etc. 5. Are easily be generalized. 5.Are less able to be generalized. 6.Theories can be tested using further quantitative research. 6.Qualitative research is often used to form theories. 28. Deductive Inductive 29. D. Deductive Method - The method of studying a phenomenon by taking some assumptions and deducting conclusion from these assumptions is known as deductive method. Deduction is a process of reasoning from general to particular or from the universe to individual, from given premises to necessary conclusions. Deduction is also

argument: 1. All flowers have fragrance. 2. Rose is a flower. 3. Therefore, rose has fragrance. E. Inductive Method- Induction is a process of reasoning from particular case to whole group of cases, from specific instances to general rules. It is also called a historical or empirical. Generalization is made after the analysis of data. Inductive reasoning starts from facts which a generalization is inferred. 30. An example of inductive method- 1. Man A died 2. Man B died and so on 3. All men are mortal. 31.

INDUCTIVE -DEDUCTIVE 1. Works from more specific to generalization. 1.

Works from more general to more specific. 2.Conclusion is likely based on premises. 2.Conclusion follows logically from premises. 3.Involves a degree of uncertainty. 3. Involves a degree of certainty. 4.Narrow in nature and concerned with testing or confirming hypothesis. 4.It is open-ended(no limit or boundary) and exploratory in nature. 5.Also known as ‘bottom-top’ 5.Also known as ‘top-down’ 6.Observations tend to be used for inductive arguments. 6.Argu...