Legal Research Methodology

LEGAL RESEARCH
METHODOLOGY
PREPARED BY : T. TOMBING
FOR B.A., LL.B. (HONS.) FIRST
SEMESTER
RESEARCH
• SEARCH FOR KNOWLEDGE
• A CAREFUL INVESTIGATION OR INQUIRY TO
SEARCH FOR NEW FACTS IN ANY BRANCH OF
KNOWLEDGE
• A SYSTEMATISED EFFORT TO GAIN NEW
KNOWLEDGE – REDMAN AND MORI
• A SYSTEMATIZED EFFORT TO GAIN NEW
KNOWLEDGE FROM NEW AS WELL AS OLD
SITUATIONS
RESEARCH
• IT IS A MOVEMENT FROM THE KNOWN TO
THE UNKNOWN
• IT IS A VOYAGE OF DISCOVERY
• IT IS AN ACADEMIC ACTIVITY INVOLVING:
FORMULATION OF RSEARCH PROBLEM;
REVIEW OF EXISTING LITERATURE;
FORMULATION OF HYPOTHESIS; RESEARCH
DESIGN; DATA COLLECTION; CONTENT
ANALYSIS/ TESTING OF HYPOTHESIS AND
REPORT WRITING
KINDS OF RESEARCH
• DESCRIPTIVE V. ANALYTICAL RESEARCH
• APPLIED V. FUNDAMENTAL
• CONCEPTUAL V. EMPIRICAL
• QUANTITATIVE V. QUALITATIVE
• ONE TIME RESEARCH V. LONGITUDINAL

RESEARCH
KINDS OF RESEARCH
• FIELD SETTING V. LABORATORY RESEARCH
OR SIMULATION RESEARCH
• CLINICAL V. DIAGNOSTIC RESEARCH
• EXPLORATORY V. HISTORICAL RESEARCH

RESEARCH METHODS
• DOCTRINAL METHOD OF RESEARCH
- LIBRARY BASED RESEARCH
- RESEARCH BASE ON ISSUES, CONCEPTS –
IDEOLOGIES AND PHILOSOPHY,
METAPHYSICS ETC.
- SOURCES OF DATA COLLECTION
- PRIMARY SOURCES
- SECONDARY SOURCES
RESEARCH METHODS
• NON DOCTRINAL METHOD / EMPIRICAL
RESEARCH
- RESEARCH IS CONDUCTED IN THE FIELD
- FACT RESEARCH
- INVOLVEMENT OF EXPERIENCE
- PRIMARY SOURCE OF DATA COLLECTION
- REQUIRES SPECIALISED SKILL, BUDGET,
DESIGN ETC.
RESEARCH METHODS
• LEGAL RESEARCH
• LIBRARY BASED RESEARCH
• LEGAL ISSUES AND CONCEPTS
• PRIMARY SOURCES
- STATUTES
- ORIGINAL JUDGEMENT OF THE SUPREME COURT
AND THE HIGH COURT
- GAZETTE ORDER ETC
• SECONDARY SOURCES
• CASE STUDY
FORMULATION OF HYPOTHESIS
• HPOTHESIS IMPLIES COMBINATION OF TWO
WORDS – “ HYPO” + “THESIS”
• HYPO MEANS ‘UNDER OR LESS THAN OR
TENTATIVE’ AND THESIS MEANS ‘GENERAL
OPINION OR STATEMENT’ ABOUT A SOLUTION TO
A PROBLEM
• IT MAY BE A GUESS, A HUNCH, A BELIEF,
INFERENCE, AN OPINION WHICH RENDER CERTAIN
KIND OF DIRECTION TO A RESEARCH
• HYPOTHESIS IS NOT AN ASSUMPTION, NEITHER A
POSTULATE NOR A PROBLEM
• DEFINITIONS OF HYPOTHESIS
- “HYPOTHESIS IS A SHREWD GUESS OR

INFERENCE THAT IS FORMULATED AND
PERSONALLY ADOPTED TO EXPLAIN
OBSERVED FACT, OR CONDITIONS AND TO
GUIDE IN FURTHER INVESTIGATION”
- JOHN W BEST
“A HYPOTHESIS STATES WHAT WE ARE

LOOKING FOR. A HYPOTHESIS LOOKS
FORWARD . IT IS A PROPOSITION WHICH
CAN BE PUT TO TEST TO DETERMINE ITS
VALIDITY. IT MAY PROVE TO BE
CORRECT OR INCORRECT”
- GOODE AND HATT
“ A HYPOTHESIS IS A STATEMENT TEMPORARILY

ACCCEPTED AS TRUE ON THE LIGHT OF WHAT
IS, AT THE TIME, KNOWN ABOUT A
PHENOMENON AND IT IS EMPLOYED AS A
BASIS FOR ACTION IN THE SEARCH FOR NEW
TRUTH, WHEN THE HYPOTHESIS IS FULLY
ESATABLISHED , IT MAY TAKE THE FORM OF
FACTS, PRICIPLES OR THEORIES”
- BARR AND SCATES
THUS, A HYPOTHESIS IS A TENTATIVE

STATEMENT THAT DEFINE THE
RELATION BETWEEN ONE OR MORE
VARIABLES IN A CAUSE AND EFFECT
RELATION, WHICH MAY BE PROVED OR
DISPROVED
e.g. WHERE IS POVERTY THERE IS
LIKELIHOOD OF MORE CRIME
• SOURCES ODF HYPOTHESIS

- READING MATERIALS
- PRINCIPLES OR THEORIES
- PERSONAL EXPERIENCE
- CULTURE
- ANALOGIES
• STAGES OF FORMULATION OF
RESEACH
1. OBSERVATION / ANALYSIS
2. INTROSPECTION / REFLECTION
3. DEDUCTION / INDUCTION
4. HYPOTHESIS TESTING
• CHALLENGES IN FORMULATION OF HYPOTHESIS
- IGNORANCE OF THE RESEARCHER
- ABSENCE OF CONCEPTUAL / THEORETICAL CLARITY /

FRAMEWORK
- LACK OF ABILITY TO UTILIZE THE CONCEPTUAL /

THEORETICAL FRAMEWORK LOGICALLY,
EFFECTIVELY
- LACK OF AWARENESS ABOUT AVAILABLE RESEARCH

TECHNIQUES
• FEATURES OF A GOOD HYPOTHESIS
1. CONCEPTUAL CLARITY
2. NON – CONTRADICTORY / GOOD USE OF LOGIC
3. SIMPLE SATATEMENT OF THE HYPOTHESIS
WHICH IS CRISP AND EASY TO COMPREHEND
4. ECONOMY OF WORDS AND MONEY
5. HYPOTHESIS WHICH REFLECT WORKABLE
RESEARCH TECHNIQUES AND TOOLS
6. RELATED TO BODY OF THEORY / FACT
7. CAPABLE OF TESTING AND VERIFIABLE
KINDS OF HYPOTHESIS
HYPOTHESIS : UNIVERSAL / EXISTENTIAL
NON –
DESCRIPTIVE EXPLANATORY DIRECTIONAL DIRECTIONAL /
HYPOTHESIS HYPOTHESIS HYPOTHESIS NULL
HYPOTHESIS
RESEARCH DESIGN
“A RESEARCH DESIGN IS THE ARRANGEMENT OF
CONDITIONS FOR COLLECTION AND ANALYSIS OF
THE DATA IN A MANNER THAT AIMS TO COMBINE
RELEVANCE OF RESEARCH PURPOSE WITH
ECONOMY IN PROCEDURE”
- CLAIRE SELLITZ AND OTHERS,
RESEARCH METHODS IN SOCIAL SCIENCES, 1962, P.50
- RESEARCH DESIGN IS LIKE THE BLUE PRINT OF THE

RESEARCH FOR CARRYING OUT DATA COLLECTION,
MEASUREMENT AND ANALYSIS OF THE DATA
RESEARCH DESIGN
• RESEARCH DESIGN IS A CONCEPTUAL
STRUCTURE WITHIN WHICH RESEARCH IS
CONDUCTED
• RESEARCHER SHOULD KEEP IN MIND THE

FOLLOWING ‘WHAT’ ‘WHY’ ‘WHERE’ AND ‘HOW’
WHILE PLANNING THE RESEARCH DESIGN:
1. WHAT IS THE STUDY ABOUT?

2. WHY IS THE STUDY BEING MADE?
RESEARCH DESIGN
3. WHERE WILL THE STUDY BE CARRIED OUT?
4. WHAT TYPE OF DATA IS REQUIRED?
5. WHERE CAN THE REQUIRED DATA BE FOUND?
6. WHAT PERIODS OF TIME WILL THE STUDY
INCLUDE?
7. WHAT WILL BE THE SAMPLE DESIGN?
8. WHAT TECHHNIQUES OF DATA COLLECTION WILL
BE USED?
9. HOW WILL THE DATA BE ANALYSED?
10. IN WHAT STYLE THE REPORT BE PREPARED?
RESEARCH DESIGN
THUS, RESEARCH DESIGN MEANS:
“A PLAN THAT SPECIFIES THE SOURCE AND TYPES OF

INFORMATION RELEVANT TO THE RESEARCH PROBLEM.
IT IS A STRATEGY SPECIFYINGWHICH APPROACH WILL
BE USED FOR GATHERING AND ANALYSIS OF DATA
KEEPING IN MIND THE TIME AND THE BUDGETARY
CONSTRAINTS OF THE RESEARCHER”
- THE CONCERNS OF SAMPLING DESIGN; THE

OBSEVATIONAL DESIGN; THE STATISTICAL DESIGN; THE
OPERATIONAL DESIGN
RESEARCH DESIGN
• FEATURES OF GOOD RESEARCH DESIGN
- RESEARCH DESIGN WHICH IS FLEXIBLE
- RESEARCH DESIGN THAT IS APPROPRIATE
- RESEARCH THAT IS EFFECIENT AS WELL AS ECONOMICAL
- RESEARCH THAT MINIMISES BIAS AND MAXIMISES
RELIABILITY OF THE DATA COLLECTED AND ANALYSED
- RESEARCH DESIGN WHICH YIELDS MAXIMAL
INFORMATION AND YET LEAVE AMPLE SCOPE FOR
FURTHER RESEARCH
- RESEARCH DESIGN THATIS RELATED TO PURPOSE,
OBJECTIVE AND NATURE OF THE RESEARCH PROBLEM
RESEARCH DESIGN
• FACTORS THAT LEAD TO GOOD RESEARCH DESIGN
- CLARITY OF THE CONCEPTUAL AND THEORITICAL
FRAMEWORK RELATED TO THE RESEARCH PROBLEM
- MEANS OF OBTAINING INFORMATION
- THE AVAILABILITY AND SKILLS OF THE RESEARCHER
AND HIS STAFF, IF ANY
- THE OBJECTIVE OF THE PROBLEM STUDIED
- THE NATURE OF THE PROBLEM STUDIED
- THE AVAILABILITY OF TIME AND MONEY FOR THE
RESEARCH WORK
- A GOOD RESEARCH SUPERVISOR
RESEARCH DESIGN
• SOME PERTINENT CONCEPTS IN RELATION TO RESEACH DESIGN
1. DEPENDENT AND INDEPENDENT VARIABLES
2. EXTRANEOUS VARIABLES
3. CONTROL
4. CONFOUNDED RELATIONSHIPS
5. RESEARCH HYPOTHESIS
6. EXPERIMENTAL AND NON EXPERIMENTAL HYPOTHESIS
TESTING RESEARCH
7. EXPERIMENTAL AND CONTROL GROUPS
8. TREATMENTS
9. EXPERIMENT
10. EXPERIMENTAL UNITS
TYPES OF RESEARCH DESIGN
RESEARC
H DESIGN
HYPOTHESIS
RESEARCH
DESIGN
DESCRIPTIVE EXPLORAT
AND DIAGNOSTIC
RESEARCH ORY
DESIGN RESEARCH
DATA COLLECTION
• COLLECTION OF DATA , THE MOST
FASCINATING PHASE OF RESEARCH
• RESEARCHER BEGINS TO FEEL THE
EXCITEMENT OF RESEARCH
• RESEARCHER MAY HIMSELF COLLECT THE
DATA OR RELY ON OTHERS
• COLLECTION AND SELECTION OF DATA
REQUIRES GREAT SKILL AND EXPERIENCE
DATA COLLECTION
“THAT METHOD IS BEST THAT SUITS THE
RESEARCHER BEST”
TYPES OF DATA:
1. PRIMARY SOURCES OF DATA
- DIRECT PRIMARY
- INDIRECT PRIMARY
2. SECONDARY SOURCES DATA
- PERSONAL DOCUMENTS
- PUBLISHED DOCUMENTS
DATA COLLECTION
OBSERVATION METHOD
“SCIENCE BEGINS WITH OBSERVATION AND MUST ULTIMATELY
RETURN TO OBSEVATION FOR ITS FINAL VALIDATION”
- GOODE AND HATT
“OBSERVATION IS A SYSTEMATIC AND DELIBERATE SYUDY THROUGH
THE EYE OF SPONTANEOUS OCCURENCE AT THE TIME THEY
OCCUR. THE PURPOSE OF OBSERVATION IS TO PERCEIVE THE
NATURE AND EXTENT OF SIGINIFICANT INTERESTED ELEMENT
WITHIN COMPLEX SOCIAL PHENOMENON, CULTURE, PATTERN OR
HUMAN CONCDUCT”
- P.V. YOUNG
“ACCURATE WATCHING, KNOWING OF PHENOMENA AS THEY OCCUR
IN NATURE WITH REGARD TO CAUSE AND EFFECT OR MUTUAL
REALTIONS”
- OXFORD DICTIONARY
DATA COLLECTION
OBSERVATION METHOD
• OBSERVATION METHOD IMPLIES EMPLOYMENT OF
THE VISION AS THE MEANS OF DATA COLLECTION
• IT IS COMMONLY USED IN BEHAVARIOUL STUDIES
• THE OBSEVATION TO BE MADE IS TO BE
SYSTEMATICALLY PLANNEDAND RECORDED;
SUBJECTED TO CHECKS AND CONTROLS TO
ENSURE VALIDITY AND RELIABILITY
• OBSERVATION OF THE MANIFEST AND THE LATENT
• OBSERVATION A SCIENTIFIC TECHNIQUE
DATA COLLECTION
OBSERVATION METHOD
• OBSERVATION METHOD IS A SCIENTIFIC PROCESS
IF :
1.SERVES FORMULATION OF A RESEARCH PROCESS
2. IT IS PLANNED SYSTEMATICALLY :
- SYSTEMATICALLY PLANNED AND RECORDED
- IT IS SUBJECTED TO CHECKS AND CONTROL TO
ENSURE VALIDITY AND RELIABILITY
3.HELPS IN COLLECTION OF RELEVANT
INFORMATIONS CONNECTED TO THE TOPIC
4. IT IS USED TO FIND OUT QUALITATIVE FACTS
DATA COLLECTION
OBSERVATION METHOD
• OBSERVATION PLAN AND PURPOSE
- IT MUST BE CONCIOUSLY PLANNED WITH A
PURPOSE IN TANDEM TO THE RESEARCH TOPIC
- RESEARCHER USING OBSERVATION METHOD
MUST KEEP IN MIND :
1.WHAT SHOULD BE OBSERVED AND WHAT IS
CAPABLE OF BEING OBSERVED?
2.HOW THE OBSERVATION SHOULD BE RECORDED?
3. HOW THE ACCURACY OF THE OBSERVATION CAN
BE BEST ASSURED?
DATA COLLECTION
OBSERVATION METHOD
• CHARACTERISTICS OF OBSERVATION METHOD
- IT IS AN AFFAIR OF THE EYE
- IT IS USED TO VERIFY HYPOTHESIS, DISCOVERY OF FACTS
OR TO ESATBLISH CAUSE AND EFFECT RELATIONSHIP
- IT HAS A DEFINITE OBJECTIVE : BEHAVARIOUL STUDY;
STUDY OF CUSTOMS OF A PARTICULAR COMMUNITY ETC...
- IT INVOVLES DIRECT OR INDIRECT PRESENCE OF THE
RESEARCHER IN THE FILED
- IT IS FOR THE PURPOSE OF FACT OR QUALITTAIVE
RESEARCH
- IT DETERMINES THE FACT OR REALITY FROM THE
STANDPOINT OF THE OBSERVED PERSON HIMSELF
- IT IS FOR THE PUPOSE OF SECURING INFORMATION
DATA COLLECTION
OBSERVATION METHOD
OBSERVATIO
N METHOD
DATA COLLECTION
INTERVIEW METHOD
“INTERVIEW MAY BE REGARDED AS A SYSTEMATIC METHOD BY
WHICH A PERSON ENTERS MORE OR LESS IMAGINATIVELY INTO
THE LIFE OF A COMPARATIVE STRANGER”
- P.V. YOUNG
“INTERVIEW IS FUNDAMENTALLY A PROCESS OF SOCIAL

INTERACTION. IT IS A METHOD OF DATA COLLECTION MAINLY
THROUGH THE VERBAL INTERACTION BETWEEN THE RESPONDENT
AND THE INTERVIEWER”
- GOODE AND HATT
“INTERVIEW IS A MEETING OF PERSONS FACE TO FACE , ESPECIALLY

FOR THE PURPOSES OF FORMAL CONFERENCE ON SOME POINT”
- OXFORD DICTIONARY
DATA COLLECTION
INTERVIEW METHOD
PURPOSE OF INTERVIEW METHOD
1. FROMULATION OF HYPOTHESIS
2. COLLECTION OF INFORMATION RELEVANT TO
THE HYPOTHESIS THROUGH PERSONAL
CONTACT
3. COLLECTION OF INFORMATION ABOUT
QUALITATIVE FACTS
4. IMPROVING THE METHOD OF OBSERVATION
5. COLLECTION OF INFORMATION ABOUT VARIOUS
PROBLEMS IN DIFFERENT CIRCUMSTANCES
DATA COLLECTION
INTERVIEW METHOD – TYPES OF
INTERVIEW MWTHOD
REPETITIV
CLINICAL
E
UNSTRUCT INTERVIEW
URED METHOD
STRUCTURED
/ FOCUSSED
DATA COLLECTION
CASE STUDY METHOD
“CASE STUDY IS A METHOD OF EXPLORING AND
ANALYSING THE LIFE OF A SOCIAL UNIT, BE IT
THAT OF A PERSON, A FAMILY, AN INSTITUTION,
CULTURAL GROUP OR EVEN AN ENTIRE
COMMUNITY”
- P.V. YOUNG
- AN INTENSIVE STUDY THROUGH WHICH OINE CAN
PRECISELY KNOW THE FACTORS AND CAUSES OF A
PATICULAR PHENOMENON
- A QUALITATIVE ANALYSIS
- KNOWING FROM CRADLE TO GRAVE
DATA COLLECTION
CASE STUDY METHOD
DATA COLLECTION
CASE STUDY METHOD
• STAGES OF CASE STUDY METHOD
1. ASSUMPTIONS IN CASE STUDY
- TOTALITY OF BEING
- COMPLEXITY OF BEING
- TIME FACTOR
- UNDERLYING UNITY / SIMILARITIES IN HUMAN RESPONSE
1. DETERMINATION OF FACTORS
- PARTICULAR FACTORS
- GENERAL FACTOR
2. STATEMENT OF THE PROBLEM
3. ANALYSIS AND CONCLUSION
DATA COLLECTION
CASE STUDY METHOD
• CHARCTERISTICS OF CASE STUDY
METHOD:
1. THE STUDY OF THE WHOLE UNIT
2. INTENSIVE STUDY
TYPES OF CASE STUDY METHOD:

3. DEVIANT CASE ANALYSIS
4. ISOLATED CLINICAL CASE ANALYSIS
DATA COLLECTION
SAMPLING METHOD
“IN SOCIAL SCIENCE, IT IS NOT POSSIBLE TO
COLLECT DATA FROM EVERY RESPONDENT
RELEVANT TO OUR STUDY BUT ONLY FROM
FRACTIONAL PARTS OF THE RESPONDENTS. THE
PROCESS OF SELECTING THE FRACTIONAL PART
IS CALLED SAMPLING” – DAVID S. FOX
“A SMALLER REPRESENTATION OF THE WHOLE” –
GOODE AND HATT
“A SUBJECT OF CASES FROM THE POPULATION
CHOSEN REPRESENT IT” – NAN LIN
DATA COLLECTION
SAMPLING METHOD
• PURPOSE OF USING SAMPLING METHOD
1. THE RESEARCHER HAS TO COLLECT OR
GATHER INFORMATION FROM A WIDER AREA
2. THE RESEARCHER DOES NOT REQUIRE CENT
PER CENT ACCURACY
3. IT IS NOT POSSIBLE TO ADOPT CENSUS
METHOD WHERE ALL THE UNITS OF
UNIVERSE ARE SELECTED FOR STUDY
4. THE POPULATION IS HOMOGENOUS
DATA COLLECTION
SAMPLING METHOD
• USE OF SAMPLING METHOD IN LEGAL
RESEARCH
1.THE EVOLUTION OF THE SOCIO - LEGAL
RESEARCH
2. TO GET QUALITATIVE ASSESMENT OF
THE INTERACTION OF LAW WITH
SOCIETY
3. FOR INTENSIVE AND EXHAUSTIVE
STUDY OF LAW AND SOCIETY
DATA COLLECTION
SAMPLING METHOD
• SAMPLING DESIGN
SAMPLE DESIGN IS A DEFINITE PLAN TO
DETERMINED BEFORE A DATA IS
COLLECTED :
- HOW TO COLLECT
- HOW MUCH TO COLLECT
- WHERE, WHEN, WHAT AND WHY TO
COLLECT
- WHAT METHOD TO EMPLOY
DATA COLLECTION
SAMPLING METHOD
• IMPLICATIONS IN SAMPLING DESIGN
1. VARIOUS TYPES OF UNIVERSE
2. SAMPLING UNIT – GEOGRAPHICAL
TERM;SOCIAL TERMS; CONSTRUCTIVE TERMS
3. SOURCE LIST
4. SIZE OF THE SAMPLE
5. PARAMETERS OF INTEREST
6. BUDGET CONSTRAINT
7. SAMPLE SELECTION PROCEDURE
DATA COLLECTION
SAMPLING METHOD
• FEATURES OF GOOD SAMPLE
1. IT MUST BE REPRESENTATIVE OF THE UNIVERSE
2. IT MUST BE RELIABLE AND ADEQUATE IN SIZE,
3. THE SAMPLING UNIT MUST BE CLEAR AND
UNAMBIGUOUS, IT MUST HAVE THE SAME CHANCE
OF INCLUSION
4. THE SAMPLING UNIT SHOUL BE SUITABLE FOR THE
PROBLEM UNDER STUDY
5. THE SAMPLING UNIT SHOULD CONTAIN
INDEPENDENT FEATURES
6. THE SAMPLING UNIT SHOULD BE EASILY
ASCERTAINABLE AND HOMOGENOUS IN CHARACTER
DATA COLLECTION
SAMPLING METHOD
TYPES OF SAMPLING
DESIGN
NON -
PROBABLE PROBABLE

Legal Research Methodology

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LEGAL RESEARCH

• ONE TIME RESEARCH V. LONGITUDINAL

• CLINICAL V. DIAGNOSTIC RESEARCH

• EXPLORATORY V. HISTORICAL RESEARCH

- “HYPOTHESIS IS A SHREWD GUESS OR

“A HYPOTHESIS STATES WHAT WE ARE

“ A HYPOTHESIS IS A STATEMENT TEMPORARILY

THUS, A HYPOTHESIS IS A TENTATIVE

• SOURCES ODF HYPOTHESIS

- IGNORANCE OF THE RESEARCHER

- ABSENCE OF CONCEPTUAL / THEORETICAL CLARITY /

- LACK OF ABILITY TO UTILIZE THE CONCEPTUAL /

- LACK OF AWARENESS ABOUT AVAILABLE RESEARCH

HYPOTHESIS : UNIVERSAL / EXISTENTIAL

- RESEARCH DESIGN IS LIKE THE BLUE PRINT OF THE

• RESEARCHER SHOULD KEEP IN MIND THE

1. WHAT IS THE STUDY ABOUT?

“A PLAN THAT SPECIFIES THE SOURCE AND TYPES OF

- THE CONCERNS OF SAMPLING DESIGN; THE

“INTERVIEW IS FUNDAMENTALLY A PROCESS OF SOCIAL

“INTERVIEW IS A MEETING OF PERSONS FACE TO FACE , ESPECIALLY

TYPES OF CASE STUDY METHOD:

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