Journal of Social Sciences and Humanities

Vol. 1, No. 3, 2015, pp. 266-274

http://www.aiscience.org/journal/jssh

A Critical Analysis of the Techniques for Data

Gathering in Legal Research
Murtala Ganiyu Murgan*

Ahmad Ibrahim Kulliyah of Laws, International Islamic University, Kualar Lumpur, Malaysia

Abstract
Data is the supplied information of respondent on a specific area of research. The importance of data to research cannot be over
emphasized as this enables accurate information on research work .Techniques for data gathering are the various methods of
collecting data for research findings .The issue of data gathering starts after defining the research problem and after making the
research design. Data gathering is equally very important to research work, as research findings will be affected by poor data
collection techniques. This paper analyses various techniques of data gathering in legal research which include, survey
sampling technique, questionnaire technique, mailed questionnaire technique, interview method, observation method, field
work and diary studies technique with critical examination of the advantages and disadvantages of each of the techniques The
paper finally concludes that adequate care must be generally taken to ensure that data collection techniques are properly
applied and managed so as to avoid collection of inaccurate and misleading information which may lead to poor research result.

Keywords

Techniques, Data Gathering, Legal Research

Received: March 6, 2015 / Accepted: May 10, 2015 / Published online: June 14, 2015
@ 2015 The Authors. Published by American Institute of Science. This Open Access article is under the CC BY-NC license.
http://creativecommons.org/licenses/by-nc/4.0/

1. Introduction
Research is a search for knowledge or scientific and research.4 To generate research result, there is need for data
systematic search for pertinent information, 11 a research is a gathering through application of various techniques of data
process of inquiry, investigation, close scrutiny and discovery, gathering. Data gathering is the process of collecting and
each time you think and find a suitable answer to a question, measuring information on variables of interest in an
you are engaging in a research no matter how little.2, Legal established systematic manner that enables one to answer
research is a systematic search for information on a specific stated research question, test hypothesis and evaluate
field or area of law. 3 To conduct a good research, there is outcome while the techniques for data gathering are the
need for data. Accordingly, data is the information, facts, methods and approaches that are used for data collection by a
observation, measurements or materials that are collected by researcher5.
a researcher for the purpose of generating results for his In every research, what every researcher craves to do, is to
eliminate bias in his data collection and analytical approach,
1
Riyan S, Writing An empirical Legal Study Design: A Printer, Yake Law School, in a way that inferences or conclusions drawn from the
Lillian Goldsman Law Library, Yale 2014 at 2
2
Oyebanji J.O, Research and philosophies ,in A guide on Research Proposal And
4
Report Writing, Saliu H.A& Oyebanji J.O (Ed) Faculty of Business and Social Olorunfemi J.F, Method of Data Collection, in A guide on research Proposal
Sciences, University of Ilorin, Ilorin, 2004 at 34 And Report Writing, Saliu H.A & Oyebanji J.O (Ed) Faculty of Business and
3
Hunchinson T, Research and Writing in Law, 3rd edition, Lawco, Austraia, 2010 Social Sciences, University of Ilorin, Ilorin 2004 at 36.
5
at20. Ibid, 37.

* Corresponding author
E-mail address: muritalaganiyu@gmail.com
267 Murtala Ganiyu Murgan: A Critical Analysis of the Techniques for Data Gathering in Legal Research

research work, will be a true reflection of the research result topic. .Data gathering facilitates the process and completion
and not just per chance. Notwithstanding the above, it has of a good research. 11 In this case, the collected data are
been observed that the choice of research topic, the study considered as the essential component of the researcher like
area, the choice of methods of analysis and presentation can the pivotal point of a research and it is the main source of
easily be influenced by personal desires, experiences and selection of the problems of the research through which the
objectives of the project .For example, to study the researcher can inquire about the phenomenon to be solved in
techniques of estimating population in a country, may also the research. Also, it should be understood that data
have been influenced by in availability of reliable population collection is an important element in the making of necessary
data at a particular time, or for whatever use it is meant for. decisions that are related to the research. Having known the
Since the choice of area of research to study is therefore above, the techniques of data gathering shall be discussed
subjective and also almost the exclusive choice of the below:
researcher, once the research topic and study area are
established, the data required for the study must be carefully 1.1.1. Survey Sampling
collected.6 This paper carefully explores various techniques Sample is a representative of people or selected respondents
of data gathering in legal research with the aim of achieving object to be researched upon while survey is the search
effective research result.. For ensuring a careful data conducted among the selected respondents. 12 So, survey
collection and effective research result, this paper begins with sampling is the process of collecting sample opinion of a
a discussion on the importance of data gathering in legal whole group or representative sample of the population over
research. It carefully analysed the various techniques for data a phenomenon 13 . Survey sampling is a popular form of
gathering in legal research which include, survey sampling, qualitative research. The method is used for collecting
questionnaires, mailed questionnaires, the interview method, information from large number of people, it can be circulated
observation method , field work and diary studies with a to a whole population. The objective of survey may be to
critical analysis of the advantages and disadvantages of each gather descriptive data regarding some issues, activities or
technique ..However, the importance of this study is to assist group of people and it can also be used to establish opinions
researchers with an up to date knowledge on the technique on a particular phenomenon.14 There are two types of survey
for data gathering in their research, since efficient data sampling selection, these are probability (unbiased) and non
gathering is a necessary condition for a good research work. probability (biased) sampling.

1.1. The Importance of Data Gathering in 1.1.2. Probability Sampling

Legal Research Probability based sampling allows designed based inference
Data can be explained as available information, facts, to be made about the target population.15 The inferences are
observation or measurement that may be in form of numbers, based on a known objective probability distribution that has
letters or materials that are collected by a researcher and to been specified in the study. There are several ways by which
be processed for achieving research result.7Also, the Oxford the researcher can choose an unbiased sample from the
Advanced Learners Dictionary of Current English defines population, some of the methods of choosing an unbiased
data as the fact or information especially when examined and sample include:
used to find out things to make decisions or information. 8
1.1.3. Random Sampling
The importance of data gathering in legal research is many. It
enables researcher to secure accurate information on a Under random sampling technique, you select “ a “sample
research topic.9 In this regard, collection of data enables the units out of A (population) such that everyone in the
researcher to understand the object of study, the events and population has an equal opportunity of being selected or
the phenomena in the research. Data gathering enables drawn. In this case, you draw or select series of random
researcher to know the extent and limitation on the numbers 16 . This is done without replacement and if the
information available on research topic10. By this, the amount researcher is dealing with spatial data, he can still adopt
of data collected will reflect the extent of knowledge of the random sampling technique in selecting these samples as
researcher in his writing and publication on the research points or areas.

6 11
Id 37 Olorunfemi J.F, n3 at36
7
Kothari C.R,Research Methodology: Method and Techniques (2nd revised 12
Hunchinson T Researching and writing in Law, 3rd edition, Lawco, Australiu,
edition) New Age International Limited publishers,New Delhi 2004 at 95 2010 at 37.,
8 13
Hornby A.S,Oxford Advanced Learners Dictionary of Current English, Oxford Olorunfemi Jo.n3 at 36.
14
Universiy Press, 2000 at 45. Kothari C.R, n6 at 38
9 15
Riyan S, n2 at 4 Hunchinson J, n 9 at77
10 16
Kothari n7 at 96S Olorunfemi J ,F, n at 38
 Journal of Social Sciences and Humanities Vol. 1, No. 3, 2015, pp. 266-274 268

1.1.4. Stratified Sampling be known that surveys have potential to be stuck with
In this case, the population A is first divided into sub inaccurate responses arising from the respondents misreading
population of A1, A2, A3 units based on some observed set the forms served to them23. Further, it is difficult to find out
of criteria. Every of the subpopulation is known as stratum additional information or further clarification on the subject
and samples are drawn from each stratum randomly or of survey, once the survey materials are returned.24
systematically. Proportion sample can be selected from each
1.2.2. Questionnaires
stratum based on their relative population.17
Questionnaires are prepared, organized designed questions
1.1.5. Systematic Sampling which are to be answered by respondents in the process of
Systematic Sampling is the procedure whereby items or formulating general opinion about a phenomenon. 25
respondents are selected at regular intervals, for example, Questionnaires are common form of data collection and also
every second house on a street or lane or every second item.18 common instruments of investigation in the social sciences.
For example, if the first randomly selected sample is number They are used for collecting information from a whole
5 and k is 10, then the items or samples 5, 15, 25, 35 will be population or a representative population. 26 In some cases,
selected systematically.19 the respondent fills or completes the questionnaire especially
when dealing with literate respondent, but where respondents
1.1.6. Non-Probability Sampling are largely illiterate, the researcher or his agent will complete
This is often used when a target population is rare. In most the form based on response of the respondents. By nature,
cases, members of the target population recruit other questionnaire is divided into structured/closed questionnaire
members of the population for the survey. However, non and unstructured questionnaire.27 In structured questionnaire,
probability sampling is also known to be a biased method.20 we have both the question and alternative answers
provided.28 In this case, respondent will pick from the list of
1.2. Factors for a Good Survey Sampling answers provided i. e for a question on marital status,
The following factors must be considered in order to make a respondent is expected to pick from the answers provided in
good survey sampling design; Survey questions must be the questionnaire. The respondent is expected to pick an
drafted in a simple form so that the people you are surveying answer on whether he or she is single, married, separated
will know the answers to the question asked and be willing to divorced or widowed. Thus, differences in the answer will be
answer them.21 Also, the internal organization of the survey is a true variation in the respondents’ individual characteristics.
very important so as to ensure the survey is properly Suffice is to say here that inability of the respondent to
conducted and effective result received. The survey sampling introduce his own answer into the questionnaire apart from
design must result in true representative of sample. However, the answers provided makes a structured questionnaire.
Sample design must be viable in context of the fund made Unstructured questionnaire which is the second type allows
available for the study. the respondent to provide his own answer to the question
asked.29
1.2.1. Advantages and Disadvantages of For example, in answering a question about what mode of
Survey Sampling
transport the respondent takes to work. It may interest you to
The advantages of Survey Sampling are many. Surveys are note that the respondent will write and indicate in the
simple to draw up and administer using available web or soft questionnaire that he goes to work through the personal car
ware. The results of surveys come out in a bulk of straight of his friend if he does not go to work by option of taxi, bus
information that can be analysed. Also, surveys are good or motor cycle as provided answers in the questionnaire. The
method of gathering opinion information and they are very fact that the respondent has the liberty of providing his own
useful in policy formulation by the government. 22 correct answer is the beauty of what makes it an unstructured
Notwithstanding the above, survey sampling technique has type of questionnaire. However, questionnaire can be
many disadvantages. One of these is that Survey sampling is effectively used when you are making a decision to survey a
time consuming to prepare and test properly. Also, it should group of people for specific information or people’s response
to contemporary issues such as evolving legislation on
17
Ibid 39
18
Nachmias D and Nachmias C, Research Method in Social Science, Edward
23
ArnoldLondon,1997 at 35 Ibid, 56.
19 24
Olorunfemi J F, n 38 at 39 Ibid 57.
20 25
Ibid, 38. Oyebanji J.O, n1 at 41.
21 26
Kawulich B. B, Participant Observation as Data Collection method ,Forum Hutchinson T, n20 at 54.
27
Qualitative Social Research vol 6 no 2 , 2005 Ar t 43 , at 3 Oyebanji J.O, n22 at 41
22 28
Hutchinson T, Researching and writing in Law, (2nd ed,) Law Book Co. Sydney, Ibid, 42
29
2006 at 54. Ibid.
269 Murtala Ganiyu Murgan: A Critical Analysis of the Techniques for Data Gathering in Legal Research

people’s reaction to introduction of community police etc.30 mailed questionnaires also promote anonymity of
respondents. Electronic mailed questionnaire is faster and
1.2.3. Advantages and Disadvantages of cheaper to maintain. Mailed questionnaire (electronic mail)
Questionnaires
promotes confidentiality and independence of the
Questionnaires are found to be effective for determining respondents to questionnaires. However, part of the
public opinion. Also, anonymous nature of questionnaire will disadvantages of mailed questionnaire is that anonymity of
lead to more candid responses from respondents. Importantly, respondents in mailed questionnaires allows dishonest and
it has been observed that independence and equality of inaccurate information to be provided by respondents in their
opinion of each respondent guaranteed by questionnaire help answers on mailed questionnaires38. Also, asking too many
a lot to enhance competence and reliability of data.31 The fact questions in mailed questionnaires makes it difficult to have
that questionnaire can be filled and completed at the an in depth information on a specific research matter.
respondent’s convenient time makes it popular and generally However, it has been observed that mailed questionnaires are
acceptable for data gathering However, one of the equally expensive to administer.
disadvantages of questionnaires is that anonymity of
respondents in questionnaire may result in totally dishonest 1.3. Interview Method
and inaccurate research result. 32 Also, questionnaires are This is a process in which the interviewer asks questions with
found to be expensive and time consuming to manage. the purpose of obtaining information and respondents
Because questionnaires are involved in asking too many answers. 39 Interview method involves presentation of oral
questions from respondents, they a times do not provide in verbal questions and reply in term of oral verbal response.40.
depth information on some issues in the research.33 Interview method can be used in many ways: through
1.2.4. Mailed Questionnaires personal or face to face interview, through telephone
interview and through focused group interview.41
Mailed questionnaires are questionnaires sent to respondents
and returned to the sender by postage or through electronic 1.3.1. Personal or Face to Face Interview
mail or the internet. 34 They are usually accompanied by a Personal or face to face interview requires the interviewer to
letter introducing the subject of study, the purpose and a ask questions on face to face contact with the other persons.
return self addressed stamped envelope. The self addressed This may be in form of investigation on an issue. Under
envelope is used by the respondent to return the completed personal interview method, both structured and unstructured
questionnaire. Mailed questionnaires are also divided into interview are often conducted. Structure interview is
structured and unstructured questionnaires. However, the conducted when the researcher knows the exact information
natures of questions asked under mailed questionnaire are needed, which contains a set of questions arranged in a
usually closed or structured question and open ended or logical order. As for unstructured interview, the researcher
unstructured questions. 35 By closed questions, this is does not usually frame questions in any specific sequence or
concerned with a situation where respondents are provided in predetermined words before conducting the interview.42
with sets of answers from which respondent should choose
one answer that mostly agree with their views .Under open 1.3.2. Procedure and Requirement for
ended questions the respondents have the liberty to give any Conducting Personal Interview
reply considered appropriate to the question asked and the The procedure for conducting personal interview involves
reply should be in the words of the respondents.36 initiating the interview, asking broad questions initially,
asking questions as worded and prepared,43 clarifying issues,
1.2.5. Advantages and Disadvantages of
avoiding leading questions, asking probing questions and
Mailed Questionnaires
recording responses. 44 The requirement for conducting
Part of the advantages of mailed questionnaire is that personal interview include that the interviewer should have
electronic mailed questionnaire can accommodate and deal patience and tact, the interviewer should show real interest in
faster with a large number of data. In particular,37 electronic the interview and should keep off his personal interest .and
opinion from the interview. The interviewer should be a good
30
Kothari C.K, n 11 at 92.
31 38
Hutchinson n20 at 55. Hutchinson n27 at 56.
32 39
Ibid 56 Kothari C.k, n 26 at 97.
33 40
Bechofer,Frank and Paterson Linsday, Principles of Research Design in Gill P, Method of Data Collection in Qualitative Research: Interview and Focus
SOCIAL Sciences, Routeledge,London 2001 at 4o group, British Dental Journal London, 2007 at 6
34 41
Olorunfemi J.F,n17 at 41. Ibid.
3535 42
Ibid, 42. Ibid 98.
36 43
Ibid, 43. Gill P, n40 at 7
37 44
Olorunfemi J.O,n30 at41 Olorunfemi J.O, n 30 at 43.
 Journal of Social Sciences and Humanities Vol. 1, No. 3, 2015, pp. 266-274 270

listener and should avoid talking too much. Also the bias from respondents.51 However, part of disadvantages of
interviewer should pay attention to accuracy and details when telephone interview is that it can only be conducted within a
asking questions and recording responses.45 limited duration of time. True identification of respondent
can be more difficult to ascertain under telephone interview.
1.3.3. Advantages and Disadvantages of 52
Added to the above, there is limited representation of
Personal or Face to Face Interview
respondents under telephone interview. Lack of physical
Part of the advantages of face to face interview is that more presence of respondents can as well influence bias and over
information and more in depth discussion can be achieved. bloated responses of respondents.53
Also, there is flexibility to restructure questions under
interview.46 Under face to face interview, the interviewer can 1.3.6. Focused Group Interview
easily control the person to be interviewed, which is not Focused Group Interview is known as an interview style
possible under telephone interview. Further, personal designed for small group of people. 54 It is more or less
information can be obtained freely under face to face known as a discussion group conducted by a moderator. 55
interview.47 There is high possibility of obtaining responses Focused Group Interview is part of qualitative research
to all questions under face to face interview. There is also the technique which legal research also belongs to.56 The process
possibility of asking probing complex questions and getting for conducting Focused Group interview requires the
complex answers under face to face interview Despite all the moderator to start by asking broad and general questions and
above, the disadvantages of face to face interview include the finally end up with specific questions. Focused Group
fact that face to face interview is a very expensive method to Interview is renowned for its in depth interview and has
use especially finding money to go round the areas where gained popularity in application to fields like communication,
people shall be interviewed. Also face to face interview is health, education and psychology.57 The objective of Focused
more time consuming than other forms of data Group Interview is to get aggregate perception of people,
collection .Face to face interview can also introduce some manner of feeling and manner of thinking by people.
systematic errors into the interview report. Added to the
above .there is possibility of bias in face to face the interview 1.3.7. Advantages and Disadvantages of
with the person to be interviewed and the interviewer. The Focused Group Interview
presence of interviewer may a times stimulate the respondent The advantages of Focused Group Interview are many.
to give some over bloated response and misinformation.48 Focused Group Interview offers opportunity for direct contact
between the interviewer and the people to be interviewed.58
1.3.4. Telephone Interview The group interview design format also encourages direct
Telephone interview involves the process of conducting contact between the interviewer and respondents. Focused
interview by interviewer over telephone and getting Group Interview consumes less effort and time for preparation.
responses to questions asked from respondents.49 Telephone It provides speedy research result and enables researcher to
interview has always been used as a convenient method of increase sample size as the interview goes on. 59 Despite the
data collection. However, the conditions for conducting above, the weaknesses of focused group interview include the
telephone interview require that the interviewer should have fact that the researcher has less control over the interview,
integrity and be honest. The interviewer should be patient unlike individual interview. It has been observed that the data
and tactful so as achieve maximum success in the interview. obtained under group interview are more difficult to analyze. It
has also been found that groups can be difficult to assemble for
1.3.5. Advantages and Disadvantages of focused interview while it can be difficult to see that interview
Telephone Interview
discussion is conducted in an environment that is conducive
Telephone interview is faster to conduct in term of speed, for conversation.60
telephone is less expensive to conduct.50 Telephone interview
can be used for a wider coverage of study. Absence of face to
51
face contact in telephone interview makes it amenable to less 52
Ibid 41.
Thaliasingah n 50 at 3
53
Ibid.
54
Gill P n39 at 6
55
Berg B.L, Qualitative Research Method For The Social Sciences (5th ed).
45
Ibid, 44. Pearson education; Boston 2004at 132.
46 56
Ibid. Ibid, 132.
47 57
Kothari C. K n35 at 98. Thorton J and Faisandier S, Preconference Workshop on Focus Groups,
48
Ibid, 98 Evaluation, News And Coments.NTC,Illinois,1998 at40.
49 58
Kvale S, Interviews: An Introduction to qualitative Research Interwiewing, Vaughan S, Schumm J.S & Sinagub J, Focused Group Interviews In Education
Thousand Oaks: Sage Publications at 40. and psychology Thousand Oaks, Sage publication, Thousand Oaks 1998 at 39.
50 59
Thaliasingan M ,Telephone Survey as a Method of Data collection in South Ibid
60
India, Indian Journal of Community Medicine, India 2008 at 2. Ibid, 41.
 271 Murtala Ganiyu Murgan: A Critical Analysis of the Techniques for Data Gathering in Legal Research

1.4. Observation Technique iii Observation in natural contrived settings which include
Observation is a scientific look at the object of research. This observing behavior where and when it is occurring.
involves a systematically planned and recorded look at the The following factors must be considered in order to make a
subject of study. Observation technique is however subjected good survey sampling design:66
to checks and control on validity and reliability. 61 Under
1. Survey questions must be drafted in a simple form so that
observation technique, information is sought directly by way
the people you are surveying will know the answers to the
of investigator’s own direct observation without asking from
question asked and be willing to answer them. Also, the
the respondents, for example, investigation about the attitude
internal organization of the survey is very important so as
of an accused rapist while giving evidence in a case of rape
to ensure the survey is properly conducted and effective
in court, may require the investigator to be present in court to
result received.
observe the accused person. Many people are believed to
engage in observation, as this involves making judgment 2. The survey sampling design must result in true
about what is seen. Observation is often made by people on representative of sample. However, Sample design must
natural environment,62 the behaviour of people on anything be viable in context of the fund made available for the
surrounding them For example, while crossing the high way, study.
people are told to cross road safely by carefully observing the 3. Eyed settings which include observing one behaviour,
traffic light signals. 63 Therefore careful observation is very where and when it is occurring
important in data gathering. Application of observation
4. Distinguished and non distinguished observation based on
technique is available in empirical research .to obtain and
whether or not the subject being observed is aware of
accumulate data and to provide evidence. It can also be used
being observed or not.
as a precursor in exploratory study including legal research
but it is a must in experimental research. It can further be 5. Structured and unstructured observation which involves
used for many other purposes as primary method of data check list being used for the aspect of behaviour under
collection or a supportive and supplementary method. study.
Observation can be part of qualitative and quantitative 6. Direct and indirect observation based on whether the
research depending on how data will be analysed. However it behaviour is being observed as if occurs after the fact.
has been found that, observation method can be adopted on
many types of research programmes which include: The techniques for gathering observational data however
description of programme settings or physical environment, include; the precise design which can be subdivided into
Description of social environment and perception of observation schedule rating and category scale and checklist,
environment., capturing historical perspective of a description which include field notes, logs, diaries etc and
community or organization, description of implementation of method and other observation.67
activities and structured interaction of a programme,
1.4.2. Advantages and Disadvantages of
observation of informal interaction and activities and Observation Technique
observing oneself and analysing documents, files and
A major advantage of observation technique is its directness
records.64.
which can usefully complement information obtained by
1.4.1. Types and Forms of Observation primary methods like interview and questionnaire. 68
Technique Directness also permits observer to understand situation
The major types and forms of observation technique under study and to identify unanticipated outcome. Also,
include;65 observation provides direct information about behaviour of
an individual or group. It rules out bias if observation is done
i Participant and non participant observation which depends directly and accurately.69 Observation makes it possible for
on if the researcher chooses to be part of what he studies. information obtained to relate to relate to what is currently
ii Obtrusive and unobtrusive observation based on whether happening. This technique also guarantees independence of
the object being studied can detect the environment. respondents who are not subjected to any sort of cooperation

61
Kothari K .C ,n41 at 99.
62 66
Tilstone C (ed), The Technique of observation learning; Principle and Ibid 57.
67
Practice,David Fulton Publishers, London, 1998 at 19. Silverman D, Doing Qualitative Research, Thousand Oaks Sage Publications
63
Bodgan R .C, and Biken S .K, Qualitative Research for Education; An London, 2011,at 58.
68
Introduction to Theory and Methods, Boston Allyn Bacon, 1992 at 40. Puvenesvary M, Radziah A.R, Sivabala R.N et al, Qualitative Research: Data
64
Bodgan R C , n 48 at 56. Collection& Data Analysis Tecniques, University Utara Malaysia press, Sintok
65
Cohen L, Manion L & Morrison K, Research Method in Education, Routeledge 2008 at 61.
69
Falmer, 2003, at 57. Ibid,
 Journal of Social Sciences and Humanities Vol. 1, No. 3, 2015, pp. 266-274 272

unlike the interview system. It is also suitable for dealing 1.5.2. Advantages and Disadvantages of
with respondents who are not capable of giving verbal Fieldwork Technique
report.70 Fieldwork has many advantages such as providing the
On the other hand, one of the shortcomings of observation researcher opportunity to experience real research and
technique is that it is time consuming and expensive as the development of wide range of skills such as observation skill,
technique is not practically suitable for applied research data collection skill, data analysis and investigation skill. 77
studies that necessarily require a short period of data Fieldwork enables researcher to have a good understanding
collection. 71 Further, it may be difficult to write down of different perspectives of socio-political values of other
everything that is important while you are in the act of people under study. In fieldwork, the researcher will learn
participating and observing while, unforeseen factor may about the impact of taking personal liability for his research
sometime interfere with the observation task72. Therefore, the and it builds researcher’s confidence against challenges. It
above limitations must be put into consideration when also helps to build on soft skills such as leadership skill,
collecting research data under observation technique. teamwork and communication skill. 78 Fieldwork method
leans heavily towards observation method and it makes
1.5. Field Work observation on research easy. It allows research study to be
Field work is a primary research that transpires in the field, empirically ascertained. Fieldwork is found to be more
this is outside the control of library or laboratory and it naturalistic and regarded as a more open ended style of
includes field experiment. 73 Field work involves working, observation in social science.
listening, recording, participating and even living in a However, the limitations of using field work as a technique
particular place where research is being conducted. Field for data gathering include the fact that personal presence of
work explains the activities that take place in a particular researcher may encourage bias from the researcher.79 This is
research location over a period of time. 74 The researcher because, personal influence of the researcher may affect
conducts his research in a location through repeated visit to report of research .Also, the expensive and costly nature of
the location and records his observation. Under fieldwork, field work will require a serious personal commitment from
the researcher interacts from time to time with those being the researcher which may affect achievement of good result
observed so as to clarify certain things. from the research. 80 Therefore, all the above limitations of
1.5.1. Tips to Successful Fieldwork field work technique must be carefully taken care of in order
to ensure achievement of effective result in legal research.
Tips to successful conduct of field work include asking the
right questions so as to avoid misleading results, talking to 1.6. Dairy Studies
the right people so as to get the real answer from the people In qualitative research such as legal research, diary studies
observed. 75 For example, good answer can be sought for have become an accepted method for collecting data. This
information on the effect of torture by asking relevant method is also known as journal writing and it serves as a
questions from a prisoner, a lawyer or a human right activist very useful enquiry tool for understanding language learning,
than any other person. Also, there is need to talk with many teaching and other areas including nursing and psychology.81
people so as to get enough information on the subject of A first person account of a language learning or teaching
research. For example, if a researcher conducts field work by experience regularly documented in persona journal and then
interviewing or observing few people, he will get less analysed for recurring patterns or salient events is known as
information than when he interviews about two hundred diary study. 82 . The first hand experience of the document
people on the same subject matter. There is need for the recorded which is personal and genuine forms the main basis
researcher to be realistic by picking the result relevant to his of this method. This style of research provides a more
research only and ignore the less relevant ones.76 Further, the personal and detail account of actual happenings in the
researcher should be observant while conducting field work classroom or the research place. It can also give first hand
so as to get relevant information from the surroundings and information and make an in depth inquiry into issues not
unspoken actions of the people in the area observed. normally available through outside information. It further
reveals the hidden process of the participants and the
70
Ibid , 62
71
Robson C, Real World Reasearch, Oxford Black well, 1993, at 35
72 77
Ibid 36 Henry F. Walcot n58 at 17.
73 78
Henry F. Walcot, The Art of Feildwork, Atamitta Press, 1995 at 16. Ibid.
74 79
Hobs and Richard Wright ( ed), Handbook of Field Work, Sage Publications, Ibid 18
80
London,2006, at 50 Hobs and Richard Wright (ed) n59 at 52.
75 81
Ibid.. Puvenesvary M, Radziah A.R, SIVABALA R.N etal, n 53 at 67.
76 82
Ibid , 51. Ibid.
273 Murtala Ganiyu Murgan: A Critical Analysis of the Techniques for Data Gathering in Legal Research

unknown learning experience and process of learners through comments.89 They are observed to be difficult to analyse and
observation from investigators83. Though, commonly used in interpret for social and legal research. Although found useful
language learning and for qualitative research, it can also be and interesting, in diary studies, researchers are found to be
used for legal research. engaged in the same activities all the time and this is found
be a tedious activity.90
1.6.1. Types of Diaries
Various types of diaries include hand written entry which
contains written entries in a book or journal. The items in this 2. Conclusion
entry are read by the researcher and comments given to the This paper has discussed the meaning of research, the
respondents as feedback. Another type is known as dialogue meaning of legal research, the meaning of data, the meaning
journal in which the researcher takes a more active role in of data gathering and the importance of data gathering. The
responding to entries. 84 Also, the journals are read by the paper also analyzed the various types of data gathering
researcher and a written discussion between the participant techniques for legal research and critically examined the
and the researcher is conducted. The other type of journal is advantages and disadvantages of each technique Analysis of
the on line diaries or blogs which serves as another type of survey sampling technique was made with critical
journal for researchers to use. The necessary procedure for examination of its advantages and disadvantages. Analysis
ensuring that data is effectively collected under diary studies was made on questionnaire technique, mailed questionnaire
include; identifying your audience., making entries on technique, interview method, observation method field work
observation regularly, taking time to critically evaluate what and diary studies with critical examination of the advantages
to be written about and having a regular review of the and disadvantages of each technique. Generally, adequate
journals by asking pertinent questions on the research.85 care must be taken to ensure that the techniques for data
collection are carefully applied and properly managed so as
1.6.2. Advantages and Disadvantages of
to avoid collation of inaccurate data which may bring about
Diary Studies
misleading information and poor research result.
Part of the benefits of diary studies is that they provide good
understanding about how teachers can effectively teach and
how students can effectively learn about legal research. 86 References
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